Updated FAQ Posted
We have posted an updated list of frequently asked questions on the Save Our [Dam] Lake page. Check them out at here
The dam that creates the impoundment that we know and love as Lake Callahan and Mud Lake has been identified by the DNR as being in “poor” condition. While the dam does not appear to be in immediate danger, no one can say for sure at this time how secure it is. It isn’t a matter of if it will fail; rather, when it will fail. In addition to the water level concern, having a dam in poor condition also presents potential safety concerns.
During the fall 2022 Callahan Mud Lake Protection Association (CMLPA) meeting, an ad hoc committee brought these concerns to the membership and the members voted to form a Dam Committee to explore potential solutions. The DNR recommended that the first step toward a solution is to form a “Lake District” to take ownership and responsibility of the dam.
This website serves as an information source to ensure all residents and businesses around and near Callahan and Mud Lakes have access to information related to the dam, immediate steps that need to be taken, as well as other long-term recommendations.
The dam that creates the impoundment that we know and love as Lake Callahan and Mud Lake has been identified by the DNR as having no identifiable ownership and no responsible organization or government body maintaining it.
The dam was inspected by the DNR in 2022, with a final report coming out on Sept 1, 2022, shortly before our fall membership meeting. The DNR identified multiple issues with the dam, including its poor condition, its non-compliant and inadequate construction, the lack of maintenance and other minor safety concerns. While the dam does not appear to be in immediate danger, no one can say for sure at this time how secure it is; per the DNR: “Based on the Department guidance, the Callahan Lake Dam is classified as Poor.”
The DNR recommended that a potential solution may be to form a “Lake District” to take ownership and responsibility of the dam. A “lake district” was attempted in 2017 by the CMLPA, and, while it failed on a few technicalities, it was supported by nearly 80% of the residents.
During the fall 2022 CMLPA meeting, an ad hoc committee brought these concerns to the membership and the members voted to form a Dam Committee to look into these issues further. The committee has made some meaningful progress and will continue to share activities and information as part of their ongoing efforts.
This spring, the Dam Committee met with the UW Extension office that advises Wisconsin lake groups. Here is a summary of how a Lake Districts is defined and functions:
The Lake District is a type of governmental organization recognized by the state and so enjoys some advantages that are not available to an association. Once formed, a Lake District is eligible to borrow low interest money under a state program for governmental bodies, apply for DNR dam grants and other funds, raise funds through taxes, and hold insurance.
There is also a wealth of information on the UW Extension’s website, including sample petitions to form a lake district, sample budgets, guidance documents, etc. (See Resources for more information.)
Many dams were built in the early 20th century and there currently are more than the state can maintain in perpetuity. The DNR’s general stance towards dams that have no safety plans, maintenance plans, clear ownership, or that are non-compliant is to remove them and restore the natural water flows. Dams that are poorly constructed or that are not regularly maintained are more likely to fail and also present safety concerns.
Once a dam has been inspected, the DNR expects to see action toward a resolution or they will be forced to eventually declare the dam as abandoned and to remove it.
Removing the Lake Callahan/Mud Lake dam would mean a significant drop in water levels and a return to the flowage’s natural state, which is likely mostly marsh in a much smaller Lake Callahan. The DNR report suggested when the dam fails, water levels can be expected to be at least 3 feet lower.
While the costs of repairing/replacing the dam are not insignificant (the County volunteered a casual figure of potentially $1M for a similar type dam), these costs spread out over many years and shared through the many property owners likely far less than the property values lost by the loss of the lake. Additionally, a Lake District is eligible for state loans and grants to further offset the costs to individuals.
Options to achieve compliance:
This FAQ is an attempt to provide straight-forward, timely and concise answers to questions about the formation of a lake district and the potential reconstruction of a dam on Callahan-Mud Lake. The goal of this format is to create a common understanding of essential questions and to focus on facts that will enable us to effectively pursue a path that is in the best interest of those who want to continue enjoying our shared resource. Please know that it is not an exhaustive list of all of the possible questions and, by design, it does not attempt to answer the covered questions in detail. Also, it is what we know at the time it was created and/or updated – in other words, it is the best information that we have at this moment and it is subject to change as we learn more. As such, it is a “living document” that will be periodically updated. Finally, your feedback and involvement is welcomed. If you have suggestions for questions to be added or questions about the answers provided, please reach out to one of the individuals listed at the end of the FAQ.
A lake district provides lake residents and stakeholders with several benefits including:
(1) creating a legal entity for ownership of the area that includes the existing dam,
(2) establishing a state recognized organization that makes us eligible to take advantage of state grants and loans for lake management purposes including milfoil management, dam reconstruction, etc.,
(3) enabling the lake district to efficiently tax property to raise funds and to hold insurance on the dam, and
(4) providing a forum for organizing activities, sharing information and building community in order to maintain the ongoing health of our lake.
More specifically, the need for a lake district now is related to the importance of being able to effectively explore the potential design and installation of a dam on Lake Callahan in order to prevent failure of the existing dam or its potential removal by the DNR, and to successfully manage lake water levels on an ongoing basis in the years ahead.
The existing dam was assessed by a DNR inspector in 2022 and its condition was deemed to be “poor”. Although near-term dam failure is not predicted, its poor condition increases the possibility that the dam will fail which would result in the loss of our lake and the associated lake benefits, as well as diminished home values.
By not having a Lake district, both the ownership of the dam and its ongoing maintenance remains uncertain which means that it poses a risk to others if it is not actively managed and if it were to fail. As a result, the DNR has informed us that continued inaction would lead to them deeming the dam to be “abandoned”. An abandoned dam would ultimately result in its removal by the state in order to restore the natural flow and thereby eliminate our lake in its current form. However, this outcome is avoidable and the formation of a Lake district is the first in a series of steps to ensure a positive outcome that is within our control.
The ownership of the dam is uncertain despite hours of research by multiple individuals including government resources. The passage of time, the transfer of the property to and from various parties, and the lack of clarity in publicly available documents has contributed to the uncertainty. A DNR representative specifically said that ownership was indeterminable based on the documents that he reviewed and that attempting to figure it out would both be a lengthy process and one that would likely not provide a definitive answer. Uncertain ownership of dams is not an uncommon situation and the DNR has shared that there are more than 400 such dams within the state of WI.
Even if an owner were to somehow be identified, it is unlikely that the party would be able or willing to fund the cost of building a dam that met code requirements. The DNR has recommended that the best alternative would be for us to form a Lake district.
Additionally, based on conversations with Sawyer County and Round Lake Township personnel, there is no interest by either municipality to assume ownership of the dam. However, there would be support for having a Lake district take ownership in order to maintain the health of the dam, the lake, and the property tax revenue that it generates.
Yes, an initial attempt was made to form a lake district in 2017. Unfortunately, despite 77% voting to form a Lake district, the submitted paperwork lacked some of the information and formatting that was necessary to gain approval from the Town of Round Lake Board. At that time, the effort was focused on creating an organization to help manage the milfoil which has subsequently been successfully handled via our Lake Association.
In order to form a lake district and to successfully complete the application process, a group of individuals were voted into existence as the Dam Committee by the Lake Association. The committee has already begun researching the process and requirements, in addition to specifically resolving any gaps in the prior application to ensure a positive result.
The CMLPA was formed in 2007 with the general purpose of preserving and protecting the ongoing health of Callahan and Mud Lakes. The focus of the organization since its inception has largely been devoted to successfully managing invasive aquatic species, including most specifically, milfoil. With the combination of annual voluntary contributions of Lake Association members and state grants, the lake has received regular milfoil treatments. These treatments have resulted in a significant reduction in the amount of milfoil and an improvement in the overall health of the lake’s biological ecosystem. Nonetheless, milfoil is nearly impossible to eradicate and ongoing treatment will be necessary.
If a lake district were to be formed, it would be able to fulfill the purpose and role of the existing Lake Association, including the ongoing treatment of invasive species, and the CMLPA would likely be dissolved.
While the Lake Association has been very beneficial in curbing the milfoil and restoring the lake to a healthy and manageable level, it is not recognized as an entity that has standing for owning a dam or for being able to receive government grants or loans. A lake district is a special purpose unit of government with powers focused on lake management and the provision of services to property located within its established boundaries.
There are currently ~250 Lake districts in WI. Although a lake district can be formed for a multitude of reasons, they have been formed to specifically address issues that mirror the situation that we have on our lake with the dam.
No. Deciding to build a dam and the type of dam to be built is a separate decision that will be made by the Lake district Board of Commissioners once all of the necessary information has been gathered and evaluated. The Board of Commissioners is made up of 3-5 elected lake residents and 2 appointed commissioners from local government.
Currently, a small group of individuals is volunteering their time as the Dam Committee for the CMLPA to understand the requirements and to advance the formation of a lake district with an initial goal of constructing a safe and permanent dam that can be managed in perpetuity.
Anyone who is interested in supporting this effort is welcome to join the Dam Committee by contacting one of the existing members. (Committee members names and email contact information are at the bottom of this FAQ.) Additional information regarding the efforts of the Dam Committee including FAQ’s, research findings, upcoming tasks, accomplishments, etc. is available on the CMLPA website.
The initial efforts of the committee have focused on gathering information in order to understand what is needed and to be able to communicate with stakeholders. Thus far, the committee has gathered information from Sawyer County Board members, the Town of Round Lake Board members, the DNR, the UW Extension Office, individuals who participated in the prior lake district application, and two engineering firms who have historically helped lead similar efforts including one that managed the recent completion of the dam on the Tiger Cat flowage. Going forward, the committee will continue to seek input from these organizations and others including Lake districts who have already undergone this process in order to benefit from their knowledge and experience.
Based on the input from the state, county and regional engineering firms who are familiar with this process, we have consistently been told that it is a multi-year effort to form a lake district and to construct a dam.
It is also true that the timing is greatly influenced by the collective effort of us as residents and stakeholders. The work of the committee has been focused on understanding the requirements, developing a plan, and communicating to all stakeholders in a way that generates understanding so that we can enlist the needed resources to move forward at the pace that reflects our shared interest.
Your interest, questions and involvement are an essential part of this process. In order to build understanding and momentum, the committee has been developing plans with the existing Lake Association to make information readily accessible and to increase the frequency of activity. Specific examples include moving toward the creation of a website, moving the association meetings to the Round Lake Town Hall to accommodate more people (as they had been prior to COVID), amending the CMLPA bylaws to allow for meetings to occur beyond just the summer months, and to enable remote access to meetings so those who are not here locally can still participate.
For more information regarding the steps and time required to form a Lake district, see the next 2 questions.
Yes, there are specific steps that must be completed and they are defined in the Sub-Chapter 4 of the Chapter 33 WI State Statute devoted to public inland waters (https://docs.legis.wisconsin.gov/statutes/statutes/33/iv/21). Based on the legislation, the committee has identified nearly 20 actions that would be necessary to form a lake district. A simplified overview of the steps necessary to request the formation of a district would be:
Establishing the final boundaries is a multi-phase process that involves evaluating which property owners are affected by the lake’s existence and health. As such, there are some obvious property owners who should be included beginning with those who reside on the lake. However, there are no regulations on who must be included. According to a guide for lake organizations published by UW Stevens Point, suggestions for who to consider including are as follows:
Using the above suggestions and considering guidance from other state authorities who have experience in this process, the Dam Committee would propose an initial lake district boundary. The final decision would made by the county and the boundary is established when the official order to create the district is adopted following the receipt of petition signatures and county approval.
Who will get to sign the petition to determine whether or not a lake district should be formed?
Based on the lake district boundary, a list of “eligible signatures” will be formed using state tax rolls. Individuals who are eligible to sign the petition are those whose name appears as a property owner on the previous year’s tax rolls. A partner/spouse is only eligible to sign if they are referred to on the tax roll. An individual with multiple parcels only signs the petition once. And similarly, a trust/partnership/corporation/foundation/association or local unit of government is entitled to one signature by an authorized representative. In simple terms, it is easiest to think in terms of “1 person = 1 signature”.
51% of the owners of land within the proposed district (this is most common), or the owners of 51% of the land area within the proposed district as determined by eligible signatures. (see question addressing eligible signatures)
Once the Sawyer County Clerk has received the notarized petition with a sufficient number of signatures to request the formation of a lake district, the Sawyer County Board is responsible for acting on the petition by completing the following steps in the required time frames:
Based on the above, it could take up to 7 months from the time that a petition is submitted until a determination has been made by the Sawyer County Board regarding whether or not to approve the formation of a lake district.
Once a lake district has been approved to exist, the Sawyer County Board would form a board of Commissioners to represent the district members. The initial board would be appointed by the County and the Town of Round Lake and would be comprised of a minimum of 5 individuals as follows according to WI State Statute Chapter 33:
Additionally, the statute establishes that each board will have a Chairperson, Secretary and Treasurer with defined duties for each role. At the first annual meeting of the Lake District Board, at least 1 resident member seat will be an elected position. Elections for other landowner/resident seats (which can be increased to as many as 5) will occur as terms expire.
The lake district is a recognized municipality within the state of WI and it exists by definition to protect the lake. The board of commissioners (see make-up of the board in prior question) would have regular meetings including one annual meeting between May22nd and September 8th. At the annual meeting lake district residents vote to approve the annual budget prepared by the board, vote specifically on assessment amounts, nominate and elect commissioners, and consider other business as presented. In addition to leading the efforts to establish a dam, the lake district would assume responsibilities for milfoil management from the current Lake Association.
Importantly, and in addition to proposing assessments to be voted upon by lake district members as part of the budget presentation at the annual meeting, the lake district board of commissioners has the ability to raise funds via financing or grants. As mentioned in the question about costs and funding, access to low interest loans and state grants can be one of the primary benefits of having a lake district in existence as neither of these are otherwise available to residents or to a Lake Association.
More detailed information about how a lake district board operates (powers and duties, budget management, meeting frequency, voting, commissioner term length, etc.) can be found in WI State Statute Chapter 33 (https://docs.legis.wisconsin.gov/statutes/statutes/33/iv/21).
Prior to seeking approval by a government body such as Sawyer County or the Round Lake Township, residents and stakeholders will need to vote on their interest in forming a Lake District. Greater than 50% of eligible voters will need to vote in favor of the formation in order for it to be considered by the sanctioning body. (In 2012, 77% voted in favor of forming a Lake District)
If a Lake District is formed does that automatically mean that we have committed to building a dam?
No. Deciding to build a dam and the type of dam to be built is a separate decision that will be made by the Lake District Board of Commissioners once all of the necessary information has been gathered and evaluated. The Board of Commissioners is made up of 3-5 elected lake residents and 2 appointed commissioners from local government.
The cost would be determined with the help of engineers who have done this type of work previously here in WI. The costs would be incurred in three primary areas – the administrative efforts to scope and manage the process/project, the construction, and the ongoing maintenance which will be relatively small compared to the one-time construction expense. Prior to having an engineering-informed cost estimate, the Dam Committee will be contacting other lake districts who have undertaken this process in order to better understand the range of costs that have been previously incurred. However, it is worth noting that there are many types of dams, each environment is unique, and the inflation costs of construction are currently unpredictable, so there is a meaningful risk in attempting to estimate the realistic cost of a future dam based on the cost of one that has already been built elsewhere.
Funding sources include general tax levys, special charges levy, or assessments raised from lake residents and stakeholders who are part of the lake district, in addition to state grants that could fund up to 50% of the construction costs. Additionally, low interest loans are available to Lake districts which would enable construction to begin and for the costs to be paid over a period of up to 20 years.
According to WI State Statute Chapter 33, a general tax levy or special charges levy may not exceed a rate of 2.5 mills of equalized valuation as determined by the department of revenue. (1 mill is equal to $1.00 of property tax levied per $1,000 of a property’s assessed value) For example, the maximum annual assessment for a property with an assessed value of $250,000 would be $250.
In general terms, based on conversations with those who have been through this before and the successful completion of other similar projects elsewhere in the state, it is believed that the costs would not be insurmountable and that they would likely be far less than the property value loss incurred if the lake were to no longer exist.
There are lots of opportunities to help out. As mentioned previously, the committee would love for you to join our effort. However, it is understood that not everyone has the time to make this commitment. Nonetheless, volunteering to help complete specific tasks in support of the process/project is also exceedingly valuable and will be increasingly important over time. In the near term, proactively asking questions, seeking facts to be informed, and sharing knowledge with friends and neighbors are all helpful actions. Finally, if you are not a member now, please join the existing Lake Association, attend meetings when you can and stay informed of our plans and needs. (For information on how to join or upcoming meeting dates, contact Denise Kohl at richard.denise.kohl@gmail.com)
How can I get more information and stay informed?
There are several ways to stay informed including; attending the Lake Association meetings and reading the meeting minutes that are distributed following each meeting via email; contacting one of the committee members (names and contact info listed below); staying attuned to the website; and of course, volunteering to join the work of the committee.
There are several ways to stay informed including; attending the Lake Association meetings and reading the meeting minutes that are distributed following each meeting via email; contacting one of the committee members (Click on names below to contact); staying attuned to the website once it is live; and of course, volunteering to join the work of the committee.
The CMLPA Dam Committee continues to investigate the formation of a Lake District and actions we can take regarding the dam. This is a complicated process and there is much to understand. The committee is working to gather factual information address as many unknowns as possible, to dispel any misconceptions along the way, and to make recommendations on how best to proceed in the interest of lake residents and stakeholders. The committee will actively share information with members, residents and other stakeholders through this website, meetings, emails, etc. and answer any questions or concerns that are shared.
The DNR identified a number of immediate issues that need resolution:
Addressing dam safety and short-term compliance.
Full DNR Sept 1 report documents
Letter from the DNR to the CMLPA
The Dam Committee and CMLPA will need help to accomplish all these tasks, some in the short term and more in the long term. If you have any specific skills you’d like to volunteer, let us know. If you are willing to help with various tasks, or head up a subcommittee, we would greatly appreciate the help.
Also feel free to contact us and ask us any questions you may have or bring any concerns we have not yet addressed.
We have posted an updated list of frequently asked questions on the Save Our [Dam] Lake page. Check them out at here
Thank you to all who joined our general zoom call last night, October 25th. A lot of information and updates were reviewed. For those that were unable to attend, we have posted our presentation on the website. Several people volunteered to help going forward. Thank you to all who have…
Want to hear from a DNR expert and see first-hand the condition of the dam? Join us Saturday, Aug. 5 at the dam to learn more about its condition. Jacob Druffner from the Wisconsin Department of Natural Resources, the expert our Dam Committee has been coordinating with, has graciously offered…