The Michigan Court of Appeals has refused to hear arguments against removing the Golden Lotus Dam near Vanderbilt. That puts the case of the Pigeon River dam back in the hands of a circuit court that has already found the entire dam must be removed..
Twice in the last 30 years operators lost control and released muck that swept downstream and smothered tens of thousands of fish in the Pigeon River. The Michigan Department of Natural Resources sued and got Golden Lotus to agree to tear the dam out. Now the conflict is over just part of the structure the yoga retreat wants to keep in place. It supports a bridge used to reach its buildings.
The DNR is okay with that, but the court finding sides with Trout Unlimited. The group argued that to return the river to its proper flow the entire structure has to come out, that water moving through the pinch point and over the concrete slab will be too fast for some fish to pass upstream.
"We will have the work in front of us of getting back to planning a complete dam removal project for the Golden Lotus Dam on the Pigeon River," says Brian Burroughs of Trout Unlimited. He says there's still a long way to go.
The attorney for Golden Lotus says the decision isn't final. He says the retreat doesn't have the money to tear out the dam plus replace the bridge. He says once the Otsego Circuit Court signs a final order for removal, he has the right to appeal again.
