Friends of the Cedar River Watershed, Inc. (Friends), an environmental interest group, and Go Forward Operations, Ltd. (Go Forward) have settled a lawsuit regarding the construction of a new golf course, condominium complex and hotel at the Shanty Creek resort in northern Michigan. Go Forward had proposed to construct two holes of a new 18-hole golf course on and over the Cedar River, including two bridges over the river. Go Forward also intended to install pipes in the river that could withdraw water at a rate of up to 2,600 gallons per minute (gpm) for irrigation and snow-making purposes. Friends sued Go Forward in the Antrim County Circuit Court, claiming that the water withdrawal and bridges violated various environmental statutes and interfered with the rights of down-stream property owners.
Under the terms of the settlement agreement, Go Forward agreed to construct the golf course on only one side of the Cedar River, outside of any delineated wetland area and in a manner that is compatible with the natural character of the river. In addition, Go Forward agreed to obtain water for irrigation and snow-making purposes from non-river sources to the extent practicable, and further agreed to gradually reduce the amount of water withdrawn from the river from a maximum rate of 1,800 gpm to 300 gpm by February 2004. The agreement also calls for the control of stormwater runoff and the control of chemical and pesticide use on the portion of the golf course near the river.
Friends of the Cedar River Watershed, Inc. v. Go Forward Operations, Ltd., Case No. 97-7425-CE (Antrim Cty. Cir. Ct. March 16, 1998)
This article was prepared by Jeffrey L. Woolstrum, a partner in our Environmental Department, and previously appeared in the May, 1998 edition of the Michigan Environmental Compliance Update, a monthly newsletter prepared by the Environmental Department and published by M. Lee Smith Publishers.