Mills County Not Giving Up Bid to Halt Lake Draining
By John Ferak, Omaha World-Herald, Neb
A judge has cleared the way for the Iowa Department of Natural Resources to drain part of a Mills County lake. Lake residents and the Mills County Board, however, are still weighing their options to preserve Pony Creek Lake.
In April, 15 homeowners at the Pony Creek subdivision near Glenwood received letters from the Department of Natural Resources saying their homes, built in the 1970s and 1980s, violated flood control rules. The department told them it planned to begin lowering the lake about 20 feet by April 30. The development includes more than 130 homes.
Several residents protested, saying homes along the lake have withstood numerous heavy rainstorms during the past 35 years without flooding.
The Mills County Attorney's Office received a temporary injunction from a judge to halt the project while the full court decision was pending.
Wednesday, months after hearing both sides' arguments, Mills County District Judge Gordon Abel issued his ruling in favor of the Department of Natural Resources.
Abel wrote that his court did not have proper jurisdiction for the dispute. The judge said the State of Iowa has delegated such matters of water control and floodplains to the Department of Natural Resources.
Assistant Mills County Attorney Eric Hansen said the Mills County Board would meet Tuesday to decide whether to appeal or begin discussions with the department to resolve the dispute.
"The ruling puts us back to square one," Hansen said. "I still don't look for any immediate action from the DNR. I suspect they would wait at least 30 days. They still have to follow all of their administrative rules and procedures."
Kelly Stone, a Department of Natural Resources representative, said Wednesday that his agency has not decided whether to drain Pony Creek Lake.
The manmade lake is about 11/2 miles long and is up to a half-mile wide and 30 feet deep. Cranes, bald eagles, geese and wild turkeys live along the banks and 240 acres of surrounding woodlands.
"Draining a portion of the lake is still the quickest and easiest method to mitigate the flood hazard," Stone said. "But it is not a certain yes. We are willing to look at any proposal. Everything is open to discussion. We hope to have a final resolution by next year's flood season."
A judge has cleared the way for the Iowa Department of Natural Resources to drain part of a Mills County lake. Lake residents and the Mills County Board, however, are still weighing their options to preserve Pony Creek Lake.
In April, 15 homeowners at the Pony Creek subdivision near Glenwood received letters from the Department of Natural Resources saying their homes, built in the 1970s and 1980s, violated flood control rules. The department told them it planned to begin lowering the lake about 20 feet by April 30. The development includes more than 130 homes.
Several residents protested, saying homes along the lake have withstood numerous heavy rainstorms during the past 35 years without flooding.
The Mills County Attorney's Office received a temporary injunction from a judge to halt the project while the full court decision was pending.
Wednesday, months after hearing both sides' arguments, Mills County District Judge Gordon Abel issued his ruling in favor of the Department of Natural Resources.
Abel wrote that his court did not have proper jurisdiction for the dispute. The judge said the State of Iowa has delegated such matters of water control and floodplains to the Department of Natural Resources.
Assistant Mills County Attorney Eric Hansen said the Mills County Board would meet Tuesday to decide whether to appeal or begin discussions with the department to resolve the dispute.
"The ruling puts us back to square one," Hansen said. "I still don't look for any immediate action from the DNR. I suspect they would wait at least 30 days. They still have to follow all of their administrative rules and procedures."
Kelly Stone, a Department of Natural Resources representative, said Wednesday that his agency has not decided whether to drain Pony Creek Lake.
The manmade lake is about 11/2 miles long and is up to a half-mile wide and 30 feet deep. Cranes, bald eagles, geese and wild turkeys live along the banks and 240 acres of surrounding woodlands.
"Draining a portion of the lake is still the quickest and easiest method to mitigate the flood hazard," Stone said. "But it is not a certain yes. We are willing to look at any proposal. Everything is open to discussion. We hope to have a final resolution by next year's flood season."
posted by Susan VanSlyke at 8:43 AM
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