The Whole Dam Story
by Mary Jo Joyce
The history
of the Big Cedar Lake dam, lake levels, and water power law twists and turns
through reams of questions, correspondence, complaints, disputes, commissions,
committees, decisions, surveys, studies, plans, permits, rights, and records.
Nearly everyone agrees that somebody should attend to maintaining the lake
level, keep careful records, remove and replace boards when necessary, and
accept responsibility for repairs. Since 1986, the Conservation Foundation has
done just that.
Even through thick sheets of ice and snow, boards are removed or replaced as needed. The dam rests on Foundation property and records are kept in its office. From the time the Foundation has owned, operated and maintained the dam, levels have always remained within the legal limit, and as near as possible to the ordinary high water mark as directed by law. Except for the possibility of unpredictable and prolonged drought, ruthlessly unrelenting storms, or other unforeseen acts of nature, the level of performance by the Conservation Foundation and the dam itself will continue to be reliable.
Praise, however, is due not to the Foundation itself, but to the tireless residents who earlier saw the need for reconstructing the dam, set about the task of raising funds, and crawled through tangled nests of government regulation and endless legal procedures in order to create the dam we have today. It, as promised, functions beautifully, is of sound condition, and has done much to improve the water quality of Big Cedar Lake and downstream waters while protecting properties and habitat as we have come to expect. There also does not seem to have been any noticeable decline in boaters, swimmers, sailors or skiers.
The First Dam
Without a dam, Big Cedar Lake would cease to be "big." C. P. Gross noted in a memorandum dated April 19, 1915 after his inspection that "Cedar Lake is located in the town of West Bend, about three miles north of Schleisingerville, and is in reality an enlargement of Cedar Creek, a branch of the Milwaukee River. . . . An old dam located at the outlet of the lake in sec.32, T. 11 N., R. 9 E., is of wooden construction. The total head maintained on April 17th (1915) was approximately two feet. Planking and timbers in the dam are in poor condition, . . . ."
The "old" dam
Gross refers to was built in 1854 by Cedar Creek Hydraulic Company of Cedarburg.
This power company was formed by Cedarburg Woolen Mills, Cedarburg Flour Mills,
Cedarburg Nail Company, and Krainke Flour Mills for the very purpose of securing
the right to build a dam that would supply power to their mills.
Legislating The Dam
Adolph Kanneberg, member of the Railroad Commission of Wisconsin, explains in his eight part series entitled "Our Water Rights, How Present Laws Define and Explain," written for publication in The Wisconsin State Journal, March 18, 1928:
"Prior to the enactment of the Water Power Law of 1915, all dams across navigable streams were authorized by special legislative act.
The legislature had granted permits or charters for dams across navigable streams to be used for various purposes, such as log driving, the improvement of navigation, the development of power and other purposes, in 211 separate instances.
Without considering at this time the determination of the legislatures of 1909,1911, 1913 and 1915 to enact legislation whereby the water power resources of the State were to be preserved for the benefit of the people, it may be stated that the time had come when the legislature no longer had the time to study each application for a permit, and that in consequence it became imperative to enact a general dam act to be administered by a state commission or other agency.
The 1915 act gave exclusive jurisdiction over the granting of permits to construct dams across navigable streams to the Railroad Commission."
A New Life For The Dam
Many of the original cream city brick structures which housed the mills can be seen today along the rushing creek in Cedarburg. Energy advancements made as the country neared the turn of the century -- just prior to the enactment of Wisconsin's water power statutes -- rendered the mills of Cedarburg increasingly less reliant upon water power.
Additionally, the popularity of summer resorts, recreation and enjoyment of the new lake levels by property owners and visitors to Big Cedar Lake changed the dynamics of interest in the dam and its purpose.
In July of 1894, an agreement between Cedar Lake Hydraulic Company and Cedar Lake Hotel Company read as follows:
"The first party named gives the Cedar Creek Hydraulic Company the right to fluctuate the water of Cedar Lake to the extent of 18" and no more, so far as the same may affect the riparian rights thereon.
The high water mark of said lake shall be about one foot lower than the waters of said lake were in the spring of 1891, namely about 2.5" below the bottom of the west sill now placed across the outlet of Red (Big) Cedar Lake and to be measured on the south post supporting such sill and the low water mark shall be 18" below said high water mark."
Very low water levels in 1919 caused by drought and coupled by confusion over the Railroad Commission's "quasi-judicial" role in regulating the dam, and Cedar Creek Hydraulic Company's ownership of the dam, drew residents' attention to water power law.
While water
power law and the Railroad Commission's recent authority in the matter required
more study than most would find interesting, some things seemed certain to
property owners on Big Cedar Lake: the degree of fluctuation in the lake level
was problematic and the old dam needed to be replaced.
Restoring The Dam
In early 1930, Bentley Courtenay, in his capacity as Vice-Commodore of the Cedar Lake Yacht Club, devoted his energy and legal expertise to solving the problem presented by the inadequate dam. The project was not void of criticism and confusion as is common to civic endeavors, and often Commodore Rene von Schleinitz and Secretary-Treasurer August L. Engelke were active in corresponding with critics.
Charges fell within a familiar range: How much will it cost? Who's going to pay for it? Whose job is it anyway? And, what the heck does the Yacht Club have to do with it?
Nonetheless, it was generally understood that the original dam was falling apart, the water was low, and that neither the Railroad Commission nor the Hydraulic Company seemed anxious to solve the problem. Mr. Courtenay forged ahead.
After Mr. Courtenay's corrective letter to the West Bend Daily News regarding the nature of the project, the following was published on April 16, 1930:
"The contemplated improvement is important enough to receive the whole-hearted support of all who wish to preserve our natural beauties and wildlife, and the News gladly enlists in any movement to that effect and urges all property owners on Big Cedar Lake to join in this particular project."
An agreement was reached that the cost of the project, $892.40, would be split between the Cedar Lake Yacht Club and the Hydraulic Company. After several drafts and hearings, plans were approved by the Railroad Commission. Construction costs were paid to Messrs. Vollmer & Gruenwald of Thiensville who won the bidding process (but only after they "straightened out and made to look nice" the area on Mrs. Cutler's property as Mr. Courtenay directed in correspondence to them).
Contributions from riparian property owners, along with their own efforts to compile mailing lists and solicit support eventually funded the Yacht Club's portion of the project. Checks for $5, $10, and $15 were sent to the Yacht Club by an impressive list of names which have long been associated with Big Cedar Lake. The crucial and energetic role in leading the project was the appropriate function of the Yacht Club as the only civic organization on the lake at that time.
Following more hearings, a high water mark for the new dam was established in 1931 by the Railroad Commission. That decree is still followed today. The 1931 decision was upheld at a subsequent hearing regarding lake levels following drought conditions in 1990. The land owned by Oak Lodge, Inc., was deeded to the Conservation Foundation in 1986. Since that time, the Foundation has exercised its civic duty by efficiently operating and maintaining the dam. The Wisconsin Department of Natural Resources (successor to the Railroad Commission) now has access to the records kept by the Foundation and inspects the condition of the dam on a regular basis.
July of 1999 marked the first time since the Conservation Foundation's operation of the dam that, with every board out, water remained six inches above the high water mark for several days. This condition occurred following torrential rains on July 21 of that year. Those operating the dam do not expect such activity for some time. Chances are any future drought might once again turn riparian owners attention to the dam -- but, eventual rain and nature's capacity for self correction are likely to provide relief.
Cedar Lakes
Conservation Foundation, Inc.
P.O. Box 347
West Bend, Wisconsin 53095
AskCLCF@clcf.info