Lake Chapeau dam settlement delayed

Published 12:00 am Thursday, January 16, 2003

The negotiation over a new dam at Lake Chapeau has reached an impasse eight months after the Department of Natural Resources and a resident group had agreed to settle the case. The District Court has set a June trial date.

The dam was wanted by the Lake Chapeau Habitat Committee, formed by area residents, intending to maintain a higher water elevation. They built a dam without a DNR permit and filed a lawsuit to prevent the agency from removing it completely.

Last May, the committee and the DNR reached an agreement to replace the dam with a new structure with elevation-control capability and a carp barrier, and both parties had signed the document by July. The DNR wanted Freeborn County to be involved in the future maintenance the of dam, and the county board approved it.

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But the owner of the land surrounding the dam, who is a third-party defendant in the litigation, refused to sign the agreement as the other parties had expected. Now, the owner is demanding a license agreement that requires the committee to place $60,000 subject to the owner in case a violation to the agreement occurrs. The owner has hired an attorney to negotiate with the resident group.

&uot;They were not a part of the arrangement previously,&uot; the committee’s attorney, Don Savelkoul said. &uot;But, we are still optimistic that we can get it settled, because all the other parities agreed to the arrangement.&uot;

Committee Chairman Tom Tubbs also hopes that the issue will be resolved without going to trial. &uot;I’m sure that everybody is positive around here that everything is going to turn out the best for everyone … The proposed new dam with proper water-control capability will enhance the property that the parties possess,&uot; he said.