A water level of 4.9 feet was set for East Lake during a sparsely attended court hearing Friday, September 11. Judge William Carmody of the 11th Circuit Court set the level after hearing testimony from Ronald Hansen of the engineering and land surveying company Spicer Group.

The study examined the water levels from the late 1980s to 2009, Mr. Hansen testified, to determine an appropriate water level. Surveys of the surrounding land, dock and shore lines, and septic fields were also taken into consideration. The study also provides remedies other than a dam and a method to finance the project.

Questionnaires were sent to 51 property owners who directly abut the lake, asking them for their opinions on the lake and the proposed water level. Thirty-one surveys were returned, with most of the respondents in favor of setting a lake level. None of the respondents said the current water level is adequate, he added.

Should the level be set, he testified, the a special assessment district encompassing land owners who have deeded access to the lake needs to be established. Environmental surveys and geotechnical evaluations, in which the underlying soil is tested to determine its weight-bearing capacity, would also be conducted. If the level was not set, he said, it would mean the end of the proposed dam project.

Environmental Attorney Susan Topp, who represented the East Lake Dam Committee during the hearing, said setting a lake level will not guarantee a dam will be built. The lake level will only enable the Mackinac County Board of Commissioners to move forward with the next round of studies.

The September 11 hearing was the second hearing in the matter, the first held in late August, and Judge Carmody said he felt there is no reason to delay the process any further. Only a legal entity can issue a binding order affecting a group of people, he said, which is why such decisions about lake levels are determined by courts.

Establishing an assessment district that is fair to all owners and getting state permits for the project will take at least two years, said Kayla Nixon, the assistant prosecuting attorney in Mackinac County.

Several residents own multiple properties along East Lake and not all of them have access to the water, she said. Some properties have shore lines that are so rocky that boats cannot be launched and may not be considered to have access to the lake.

"We definitely don't want to create a situation where somebody couldn't afford their property," she said.