Elbow Lake dam removal deferred, other restrictions in place

Montana Fish, Wildlife and Parks and Montana Department of Natural Resources and Conservation released their decision regarding the Removal and Remediation of Elbow Lake Dam Project May 26.  Instead of demolishing the dam as originally proposed, they instead will defer taking action for the time being and leave the structure to naturally degrade.

“As stated in the draft Environmental Assessment (EA), the dam is illegal as it lacks the necessary authorization and accompanying water rights, and it is highly unlikely that those could be obtained in the future,” the release said. “FWP and DNRC will monitor the structure and if unauthorized maintenance continues or if the dam still presents unacceptable barriers to fish passage, it will be removed.”

This Decision Notice follows a draft EA prepared for the proposed removal of Elbow Lake Dam on the Clearwater River in Missoula County. The project was proposed by the DNRC and FWP to remove an unauthorized and illegal impoundment structure (dam) built on the Clearwater River on DNRC state trust property. The structure is currently in violation under the state Natural Streambed and Land Preservation Act in Missoula County (310 Law administered through the Missoula Conservation District) and the federal Clean Water Act (“404” permit administered through the U.S. Army Corps of Engineers). The site also lacks DNRC authorizations, including a legal water right (which would allow water impoundment and storage) and a valid land-use license for structures within the low watermarks on a navigable water in Montana (state-owned riverbed). A 2006 Montana Water Court ruling (Case 76F-22) is a primary action that directly affected the impoundment of water in this area.

The project’s Draft EA was released for a 30-day public comment period Sept. 30, 2019. FWP and/or DNRC received a total of 276 comments, representing 165 commenters. Of the 165 commenters, 40% were the “form letter” type comments; nine groups commented including sportspersons organizations, agencies and private entities; and comments covered a wide range of issues including perceived ecological issues with both the No Action and Proposed Action alternatives, recreational value of Elbow Lake and legal questions.

FWP Region 2 Supervisor Randy Arnold and DNRC Southwestern Land Office Area Manager Mike O’Herron determined that the proposed deferred action will not have significant negative effects on the human and physical environments associated with the project and an Environmental Impact Statement is not warranted.

“The proposed deferred action would satisfy most environmental concerns, is supported legally, and allows the lake to remain at a higher level than complete removal, which could allay local homeowners’ most serious concerns,” read the decision notice. “FWP and DNRC will monitor the site for compliance and take necessary action if illegal maintenance or rebuilding resumes.” 

The decision comes as local residents criticized the original approach, saying the weir is critical to the local ecosystem, their summer recreation and property values. Though the change won’t immediately destroy Elbow Lake, not allowing residents to rebuild and repair the weir means the lake will slowly drain.

The weir, as residents call it because it lets water pass through it and over it, used to be legally maintained through a 2006 permit from Missoula county. That permit was then revoked in 2013 by a water court, citing the area’s water rights did not justify the weir. No permit or water rights have been filed since.

Property owners and lessees received a letter dated June 21, 2019 informing them that DNRC and FWP would be removing the dam in the fall of 2019. Reasons cited included impeding the migration of native fish including bull trout; illegally impounding water to the detriment of downstream water right holders; lack of authorization and permitting requirements and trespass to State Trust Land administered by DNRC.

Long time resident Patricia Calhoun was relieved the weir would remain at least a little longer. 

“The new decision means that our family feels even more fortunate than ever to be able to spend time on Elbow Lake, where we’ve been going every summer for 50 years,” Calhoun said. “We will appreciate every minute...and every inch of lake water!”

Her father Roland Calhoun first leased their property in 1970. She said that the weir was already in place. While the environmental assessment of the area said the weir is less than two decades old, members of the community have attested to maintaining the weir for at least 50 years.

The lake houses dozens of cabins, though a Sept. 3, 2019 letter from FWP and the DNRC said the properties have been designated as riverfront. The EA of the area said the removal of the weir would drop the water depth by four feet, which would dry out wetlands and turn the lake into a river no longer navigable by most motorboats. 

Resident Greg Browning was not completely relieved by the decision. Since he purchased his property on the south end of the lake with his brother Brian in 2017, he has been trying to maintain his property as lakefront.

“The decision to let [the weir] naturally degrade, and not allow the residents to maintain, is just kicking the can down the road,” said Browning. “Not allowing for maintenance of the weir at an acceptable level, which gets blown out by high water in the spring, doesn’t come close to addressing the issue long term.”

He is concerned that in the long term the weir will naturally decompose and end his short time as a lakefront property owner. Browning hopes that FWP will address the issue for the long term and not leave the weir to slowly drain the lake.

“Why is this outcome desirable for anyone?” Browning said. “For property owners and lessees who have made tremendous financial sacrifices to have a cabin or home on a lake, it is unfair to arbitrarily remove the lake.”