Responses to Questions asked of David Haywood, Attorney – 10/09/02

 Webmaster's Note and disclaimer:

OWL makes no representation regarding the fitness of this advice for any particular purpose and the posting of this document should not be construed as legal advice.  Should anyone require particular advice in a legal situation please contact David Heywood directly.

Dam Issues

1.      Who owns the Dam – Owl or the Riparians?

OWL owns dam.  If OWL dissolves, dam would revert to Drain Commission.  Disadvantage of turning lake over to Drain Commission is that the Commissioner may try to please everyone even at the expense of the lake.

2.      What are the pros and cons of establishing a legal lake level?  Please explain the process to establish a legal level.

Puts County in charge of lake.

3.      Who actually has control of the Dam?  Who can operate the sluice gate?

Owl owns the dam.  We don’t need permit to lower the lake.  DEQ can give us grief.  Do not lower the level more than 2 feet.  The person who operates the sluice gate should maintain a log.

Docks

4.  Key holing, what can we do about it?  If there has been no challenge for a year, does this affect anything?

Requires local zoning.  Only a riparian can have a dock.  No.  We have a key holing ordnance per Anita.

5.      What if anything is the limit to the number of watercraft that can be docked in front of each property?

Reasonable use

6.      Is there a way to determine how many watercraft is too many for the lake?

Don’t know.  DEQ counts boats per foot.

7.      What can be done about broken down/dangerous docks?

Not much of anything.  Liability rests with the property owner.

Lake Chemical Application

8.  What are the rules and regulations relative to applying lake chemicals?  Can we have two authorized application sprayers, so that we can make comparisons?

Yes.  Permit identifies area to be treated.  We can submit more than 1 permit for different areas of the lake.  We will have to pay separately for each permit submitted.

Safety Issues

9.  Who is liable if someone jumps off the bridge (on a private road) or uses one of the broken down docks and injures themselves or others?  How do we protect OWL?

     Do not try to police the bridge.  We could become liable.

In addition, if a raft out in the lake is run into by a jet ski, the owner of the raft is liable.  Must use reflective tape, etc.  Footage does not apply.  Buoys also carry liability.  

10. Can we prevent fishermen from fishing off the bridge (on a private road)?

      No

Wetlands

11. Builders are constantly putting pressure on government officials to allow them to build on property that has lake frontage even if it consists of wetlands.  The DEQ does not appear to support local government in either protecting the wetlands or in limiting dock space.  How can we best pressure the DEQ to preserve wetlands or in limiting docking privileges to those who have frontage on the lake?

  Must prove unacceptable disruption of aquatic resources.

Boat Launch Area

12.  How can we get the fee increased to non-lake owners who launch from the public dock?

      Riparians have more right to lake than non riparians.  There are 35 parking spaces.

13.  How can we get DEQ to allow a lake homeowner to launch a boat if the parking lot is full and the boat trailer will be immediately be delivered to his yard?

Get friendly with the guard.

Other 

14.  On issues that require action on the part of the DEQ and the DNR, do you believe you can be successful in getting action on our behalf by working directly with each  agency?

      He can point us to the right people.

15.  What would it cost to secure your services in matters that we can’t seem to control?

The average cost would be $150 to $160 per hour.

16. Is there a way to collect fees for weed control and dam maintenance other than a SAD or voluntary dues from year to year?

      No

17. What is the legal disposition of excess funds when a Special Assessment District (SAD) expires?  Must the funds be returned?  Can they be used for the primary  purpose of the SAD?

18. Can the DEQ/DNR be pressured into paying various assessments (weed spray, dam maintenance, sewer) when they are included in assessment districts?  Do they ever pay, or never pay?  Will they be hooking up to the sewers?

     No. No. No.

We should have a liability policy for officers and trustees.  We should also have general liability coverage.  We should raise liability from $1M to $5M.        

Last modified: 12/05/03 16:58:24 -0800