By Rusty Gates
In a legal victory for anglers and environmentalists, a Bellaire resort will pay $135,000 to restore the Cedar River, damaged when a resort berm broke and flushed tons of soil into the river last summer. Shanty Creek Resort has agreed to pay $100,000 to repair the river's banks and remove soil from trout habitat, and $35,000 more to cover the legal fees of the Friends of the Cedar River.
A flash storm last August washed more than 50 tons of soil into the eleven mile long Cedar River after a Shanty Creek water retaining berm collapsed. Soil, clay, and debris were strewn along the river's bottom, covering gravel and trout habitat.
Unlike a host of Great Lakes and western states, Michigan does not limit how much surface water can be drawn from rivers, lakes, and streams by ski resorts, golf courses, and other businesses. After being challenged by the Friends of the Cedar, Shanty Creek Resort drilled wells to obtain water they had originally planned to take directly from the stream.
This case has statewide implications for golf and ski resorts that use rivers and streams to make artificial snow and irrigate greens. At issue also is the presence of private resorts along public waterways. At least 300 other Michigan enterprises continue to use surface water. RWOL
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