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Scott Brown

November 21, 2023 Wake Boat Resolution Revised

WHEREAS, Michigan’s glacier formed landscape is graced with over 11,000 inland lakes; and, the

majority of said lakes being defined by healthy freshwater ecosystems as indicated by the existence of

clear, sunlight inundated waters, highly beneficial native aquatic plant communities, and diverse

populations of invertebrates, fish, amphibians, reptiles, and waterfowl; and

WHEREAS, healthy inland lake ecosystems provide a wide array of valuable economic and ecological

services that are recognized for the vital role they play in helping to foster and sustain the growth and

development of Michigan’s increasingly freshwater resource dependent economy, and culture; and,

WHEREAS, one of the most important services that inland lakes provide to millions of Michigan citizens

and visitors is the opportunity to engage in popular water-borne recreational activities such as

swimming, fishing, kayaking, canoeing, jet skiing, power boating, and water skiing; and

WHEREAS, a dramatic increase in the popularity of enhanced wake dependent water sports that are

enabled by wake boats designed for the sole purpose of generating wakes that are defined by kinetic

energy levels that greatly exceed those that are produced by wind, and/or conventional watercraft have

gained the attention of state and local government officials, law enforcement agencies, and the news

media; and, the results of several peer reviewed scientific studies that have explored the physics of the

high energy wakes created by wake enhanced boats, and the nature and scope of their potential impact

on aquatic ecosystem have demonstrated that the recent surge in the number of wake boats operating

on the inland lakes of Michigan are likely responsible for rendering a destructive array of adverse

ecological impacts; and, wake boat generated high energy wakes created in close proximity to shore,

and/or within shallow areas of inland lake basins are not allowed the distance, time, and/or depth

necessary for their extraordinarily high kinetic energy levels to dissipate before disturbing

vulnerable benthic habitat, and/or having an adverse impact on both natural and developed shorelines;

and, the jet engine-like turbulence generated by the four blade, large diameter propellers of wake boats

are capable of scouring lake beds in depths in excess of sixteen feet; and,

WHEREAS, wake boats operating in areas of inland lakes defined by depths of less than thirty-three feet

are known to induce high volume sediment resuspension that contributes to increases in

phytoplankton (algae) production, increased turbidity, decreased water clarity, inhibition of aquatic

plant growth, loss of fish habitat, and overall degradation in water quality; and, in addition to causing

damage to docked watercraft, piers, and other forms of shoreline infrastructure, high energy wakes

generated by wake enhanced watercraft operating within 500 feet of shore are capable of endangering

kayakers and swimmers, of rendering significant damage to natural shorelines that serve as a protective

buffer, and provide life sustaining habitat for fish, aquatic animals, and waterfowl; and high energy

wakes created by wake boats within 500 feet of shore are known to be capable of causing accelerated

rates of shoreline erosion that leads to high volume sediment deposition and accumulation that results

in degradation of fish spawning habitat, loss of fish foraging habitat, and a significant reduction in the

capacity of inland lakes to support diverse recreational opportunities; and, wake boats that are towed

from lake-to-lake by their owner/operators are equipped with high volume ballast water tanks that

significantly increases the risk of introducing new exotic invasive aquatic plant and animal species to

unaffected lakes; and,

WHEREAS, considering the steadily increasing number of wake boats operating upon the waters of

inland lakes, current State of Michigan laws pertaining to the safe operation of watercraft as it applies to

the generation of high energy wakes are now outdated; and,

WHEREAS, the scientific research-based conclusions of State of Michigan Department of Natural

Resources Fisheries Report 37 entitled “A Literature Review of Wake Boat Effects on Aquatic Habitat”

dated July 2023 serves to reaffirm the veracity of the science-based facts that form the basis of this

document; and,

WHEREAS, Michigan Waterfront Alliance (MWA) is a 501 (C) (4) non-profit organization dedicated to

contributing to the enactment of state laws and natural resource management policies that help

preserve, protect, and/or promote long-term sustainable use of Michigan’s vast treasure of high-quality

freshwater resources; and,

NOW THEREFORE BE IT HEREBY RESOLVED THAT the Michigan Waterfront Alliance supports the

recommendations of MDNR Fisheries Report 37 dated July 2023 and shall commit to working

with the Governor and the legislature of the State of Michigan to promulgate revisions to inland marine

operating laws in regards to wake boats in a manner to help ensure the safety of people engaging in

passive recreational pursuits such as swimming, kayaking, and fishing, and to further protect the natural

shorelines, shoreline property, and vulnerable inland lake ecosystems of this great state.

McNALMS Hosts a Highly Successful “Current Perspectives on Wake Boats” Focused Lunch and Learn Event

Representatives from the Recreational Boating Industry and MI Department

of Natural Resources Share Sharply Contrasting Perspectives

Regarding Criteria for ‘Safe and Responsible’ Operation of Wake Boats


by Scott Brown
MWA Director

As indicated by the fact that almost all of the eighty seats available in Room 134 of Michigan State University’s Brody Hall were occupied by registration fee paying attendees, and by the ultimately friendly and constructive tone that defined the exchange of ideas and differences of opinion that occurred throughout the “Current Perspectives on Wake Boats” themed session, by all important measures, MI Chapter, North American Lake Management Society’s (McNALMS) Friday, December 1, 2023 / 11:00 AM to 2:00 PM Lunch and Learn event was a great success!

Following a simple but a tasty sandwich, soup, salad, coleslaw, chips, and cookie (and don’t forget the great chocolate brownies!!!) lunch, McNALMS President Melissa DeSimone introduced and welcomed the first speaker of the day – Michigan Boating Industry Association Executive Director Ms. Nicki Poulan. The first of two speakers presenting the recreational boating industry perspective on wake boats, Ms. Poulan first reminded the audience that with 850,000 + registered watercraft, and 1,500 boating related sales and service focused businesses with annual sales valued at $11.7 billion, Michigan represents the United States third largest marine market. Ms. Poulan also emphasized the pro-active role of the Michigan Boating Industry Association (MBIA) in funding and promoting a statewide campaign dedicated to reminding wake boat operators to “wake responsibly”, and also highlighted the fact that in addition to contributing to efforts to help thwart the spread of exotic aquatic invasive species by supporting a Clean Marina Program, MBIA also helps educate Michigan’s boaters about the need to always “Clean, Drain, and Dry”.

The recreational boating industry perspective regarding safe and responsible operation of wake boats was also presented by Ethan Hellier, Water Sports Industry Association Midwest Government Affairs Manager. In addition to focusing upon the considerable economic contributions of Michigan’s flourishing boating industry, a significant portion of Ethan’s presentation relied upon the findings of a scientific study whose results suggest that the potentially harmful impacts to shorelines and shoreline infrastructure caused by the high energy wakes generated during wake boarding or wake surfing can be substantially negated by operating a minimum of (only) two hundred feet from shore. Each of the recreational boating industry representatives suggested that along with operating a minimum of two hundred feet from shore, wake boat operators can “wake responsibly” by avoiding repetitive passes, and by keeping music at “reasonable levels.” See the Water Sports Industry Association Wake Responsibly graphic that appears below.

Supported by a MI Department of Natural Resources fisheries staff authored Power Point presentation entitled “A Literature Review of Wake Boat Effects on Aquatic Habitat”, MI DNR fisheries biologist Dr. Joe Nohner provided an attentive Lunch and Learn audience with a substantially different perspective regarding what responsible wake boat operators must do in order to help ensure that the high energy wakes produced by their extraordinarily heavy watercraft do not harm shorelines, shoreline-based infrastructure, or cause re-suspension of bottom sediments. Sharing with the audience the peer reviewed results of a significant number of scientific studies that have been conducted in recent years to better understand the potential impact of wake boats on aquatic ecosystems, Dr. Nohner’s scientific                                                                   research-based presentation concluded with his discussion of “best operating practices” that “minimizes harm to the natural resources and property of Michigan citizens”.

MI Department of Natural Resources Recommended Wake Boat Best Operating Practices:

  1. Boats operating in wake-surfing mode or wake-boarding mode, during which boat speed,
    wave shapers, and/or ballast are used to increase wave height, are recommended to operate at
    least 500 feet from docks or the shoreline, regardless of water depth.
  2. Boats operating in wake-surfing or wake-boarding modes are recommended to operate in
    water at least 15 feet deep.
  3. Ballast tanks should always be drained prior to transporting the watercraft over land

U. S. District Court Judge Rules in Favor of the State of Michigan in Edenville Dam Failure Related Fisheries and Mussel Habitat Damage Case

United States District Court Judge Paul Maloney ruled on Monday, November 27, 2023 that the earthen embankment spanning both the Tittabawassee and Tobacco Rivers located in Midland and Gladwin counties otherwise known as the Edenville Dam collapsed on Monday, May 19, 2020 in response to heavy rainfall as a direct result of poor maintenance and lack of need repairs. The decision rendered by Judge Maloney affirms that the Michigan Department of Natural Resources and the Michigan Department of Environment, Great Lakes and Energy are entitled to $119.8 million in damages from the owners of the dam in compensation for damage to fisheries and mussel habitat.

Widespread flooding caused by the catastrophic failure of the Edenville Dam is known to have caused more than $200 million in damage and forced the emergency evacuation of more than 10,000 people at the time.

It is also important to note that both Wixom Lake, the 2,600-acre reservoir lake created by the Edenville Dam, and 1,250-acre Sanford Lake, the reservoir lake formed by Sanford Dam that failed after being overwhelmed by the massive wall of water that flowed violently downstream when the Edenville Dam failed, ceased to exist as manmade lakes due to the loss of their impounded waters.

Ground Water Aquifer Depletion Becoming a Significant National and State Issue

by Scott Brown

MWA e – Newsletter Editor

The freshwater that lies beneath the earth’s surface that is often referred to as groundwater has served as a vital life sustaining resource on earth for millions of years. In the modern era, rural communities, businesses, farms, and private residences located a long distance from lakes, rivers, streams, or urban water systems depend almost entirely upon groundwater wells for fresh potable water. In the past one hundred years, however, ground water consumption in many areas of the United States, and in particular areas that support intensive agricultural or mining operations, has surged as progressively more powerful and effective technological means are used to extract and consume greater volumes of groundwater. Simply put, in many areas of the United States groundwater is being extracted at rates that mother nature in all her glory is not capable of restoring. It is important to note that the United States Geological Survey reports that approximately 10% of the ground water aquifers in the United States fell to their lowest level on record last year.

In a recent interview with the New York Times, Don Cline, United States Geological Survey associate director for water resources indicated that “there’s almost no way to convey how important this issue is…” In Kansas, for example, ground water aquifer depletion has already resulted in a significant reduction in the amount of corn that an average acre is capable of producing. In Michigan’s Ann Arbor township, groundwater wells serving homes, businesses, and farms are failing at a steadily increasing rate due to the extraordinarily high volumes of groundwater that are being extracted by a local aggregate mining operation. Causing local groundwater aquifers to drop to record low levels, the fact that the mining operation is paying to lower, and/or to otherwise restore the groundwater wells of those negatively affected by their operation is of little or no consolation to residents, business leaders, and state and local government officials who view progressively depleted groundwater aquifers as a significant challenge.

Local governments, and/or planning commissions charged with reviewing and/or approving permit applications from those proposing to conduct aggregate mining or other high volume groundwater consumption operations in a particular area need to be acutely aware of the fact that such operations are capable of having a significant influence on local groundwater aquifer levels. Local officials charged with making decisions regarding large scale groundwater extractions would be well advised to conduct a hydrologic study of the area under consideration before approving high volume groundwater withdrawals. Local officials charged with making groundwater extraction related decisions in areas hosting inland lakes that rely on ground water as their primary water source should also be mindful that lower ground water aquifer levels may also equate to lower inland lake levels.

MWA Supports Passage of Governor Whitmer’s Proposed Fiscal Year 2024 State Budget that (Finally) Enables the Battle Against an Onslaught of Terrestrial and Aquatic Exotic Invasive Species in Michigan

MWA Encourages Readers to Contact Their State Representatives

and Senators to Support the Governor’s 2024 Budget Recommendation

Michigan Governor Whitmer’s Fiscal Year 2024 executive budget proposal includes $64 M in funding that along with matching funding from Illinois will enable the completion of a significant modification to the Joliet, Illinois-based Brandon Road Lock and Dam that will help keep highly invasive carp from the entering the Great Lakes in addition to $12 M in funds to establish for the first time in Michigan an exotic invasive species rapid response task force.

In an era marked by the steadily increasing presence of highly invasive exotic terrestrial and aquatic species whose very existence represents a significant threat to Michigan’s economy and culture, funding to create a multi-agency invasive species rapid response task force that will be dedicated to preventing the introduction and establishment of new invasive plant and animal species, and will also work pro-actively to limit the spread and harmful influences of the many exotic invasive species that are already present represents a vital step in Michigan’s battle against exotic invasive species.

It is important to point out that the Brandon Road Lock and Dam in the Chicago Area Waterway System located near Joliet, Illinois is a critical point for on-going collaborative efforts designed to help keep invasive bighead, silver, and black carp from entering the Great Lakes. The project that is being jointly funded by Michigan and Illinois involves installing layered technologies that when complete will include an electric barrier, underwater sound, an air bubble curtain, and a flushing lock that has been designed to prevent the movement of invasive carp while simultaneously allowing barge traffic to pass through the lock passage.

To learn more about the Brandon Road Lock and Dam as it exists today, visit the U. S. Army Corps of Engineers facility dedicated website by clicking here

To download a copy of Governor Whitmer’s proposed Fiscal Year 2024 state budget, click here...

To find your Michigan Senator based on your home address, visit https://senate.michigan.gov/FindYourSenator/

To find your Michigan Representative based on your home address, visit https://www.house.mi.gov/

Lake Awareness Day Focuses on Protecting Michigan’s High Quality Lakes

by Lois Wolfson

MSU Extension / Institute of Water Research

Key organizations from around the state that work to manage and protect Michigan’s lakes met with legislators, staff, agency personnel, and others during the May 18 forum held at Karoub Associates, a block from the State Capitol. The coordinators of the event prepared infographics and posters with information that highlighted Water Quality and Quantity in inland lakes; Stressors and Impacts; Economics and Ecological Values and Solutions and Support. The event was organized by members of Michigan Waterfront Alliance; Michigan Environmental Council, Michigan Chapter, North American Lake Management Society (McNALMS), Midwest Aquatic Plant Management Society (MAPMS), Michigan Aquatic Managers Association (MAMA), FLOW (For Love of Water), MSU Institute of Water Research and MSU Extension.

Two Generations, and $70 million later, Muskegon Lake is Restored

By Audrey WhitakerCircle of Blue

The Great Lakes News Collaborative includes Bridge Michigan; Circle of Blue; Great Lakes Now at Detroit Public Television; and Michigan Radio, Michigan’s NPR News Leader; who work together to bring audiences news and information about the impact of climate change, pollution, and aging infrastructure on the Great Lakes and drinking water. This independent journalism is supported by the Charles Stewart Mott Foundation. Find all the work HERE.

“With the conclusion of cleanup efforts on Muskegon Lake, the area has seen an increase in property values and tourism, illustrating the intrinsic connection between the community and its shoreline.”

  • In West Michigan, Muskegon Lake will be removed from the list of Great Lakes Areas of Concern.
  • The completion of restoration efforts comes after over 30 years and $70 million invested in cleanup.
  • Along with the progress and promise of economic revitalization, there is still work to be done to protect water resources in this Lake Michigan Shoreline community.

Before the United States and Canada formally declared Muskegon Lake an “area of concern” the 4,149-acre expanse of polluted, sediment-choked, debris-congested water at the mouth of the Muskegon River was so repulsive that only rats and hungry gulls plied its shores.

More than a century of abuse by sawmills, chemical plants, energy installations, and raw sewage produced conditions so vile that by the early 1980s the lake was all but ecologically dead. In 1987, under the provisions of the Great Lakes Water Quality Agreement, a joint U.S.-Canada pact to clear pollution from the waters of the Great Lakes, Muskegon Lake and its tributaries were designated as one of 43 similarly polluted areas of concern; 26 are located in the U.S., 12 are located in Canada, and five are shared by both countries.

The history of toxic cleanups in the U.S. includes ample evidence that the work is expensive and success is achieved over decades. That is certainly the case with Muskegon Lake. Last May, local, state and federal officials gathered at Heritage Landing, a former industrial-scrapyard-turned-waterfront park on Muskegon Lake’s south shore to declare that the $70 million project to cleanup, remediate and restore Muskegon Lake was complete.

“There is no law, there’s no private cause of action, there’s no ability to sue within the water quality agreement,” said Jon Allan, senior advisor at the University of Michigan School for Environment and Sustainability, and U.S. co-chair of the Great Lakes Water Quality Board. “All it says is the two governments see a common problem, and they say ‘we’ll work on this together.’”

“When [AOCs] were designated, they were designated as the most contaminated places. Shouldn’t the most contaminated places get additional attention because the people who live there have suffered from that for a very long time,” Allan added. “We know enough to act, so let’s use those dollars to act.”

In Muskegon, life after delisting holds the promise of economic revitalization. With the conclusion of cleanup efforts on Muskegon Lake, the area has seen an increase in property values and tourism, illustrating the intrinsic connection between the community and its shoreline.

This has spurred enthusiasm in the community, which has struggled to overcome economic depression throughout its history and to establish itself as a tourist destination on the Lake Michigan shoreline.

While this enthusiasm and sense of accomplishment is important, after delisting, community leaders must grapple with the perception that their work is done.

The indicators of water health identified in the 1980s do not address issues such as climate change or invasive species, all of which amplified after the GLWQA was signed 50 years ago.

While the EPA recognizes these issues and their effect on the Great Lakes region, they are not part of the AOC program, said Al Steinman, director of the Annis Water Resources Institute in Muskegon, Michigan.

“Every AOC, I don’t care where you are, that’s already been delisted or will be delisted in the future still has ecological problems that need to be addressed,” Steinman said. “The key, then, is how do you communicate that to a community after it’s been delisted and you’ve had this huge celebration to get off the list?”

In Muskegon, PFAS contamination remains a major detriment to the health of the lake, along with the presence of harmful algal blooms.

Eric Kuhn, executive director of the West Michigan Shoreline Regional Development Commission, said that maintaining a relationship with local stakeholders and creating a long-term management plan is key to maintaining the restoration work and to future stewardship.

Muskegon has been fortunate, given the close proximity of the Commission, Grand Valley State University’s Annis Water Resources Institute, Muskegon Lake Watershed Partnership and NOAA’s Lake Michigan field station. There are natural opportunities for partnerships in the area, Kuhn said.

“Having those strong partnerships really made us be able to accomplish [restoration efforts] faster,” Kuhn said.

“It’s their community’s future, and it’s ultimately their responsibility when the state and federal funding is shifted to other areas,” said Collin Knauss, who serves as the project development manager for the Great Lakes Protection Fund.