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• FINDING OF FACT 1 . The Clam Lake Dam is located across the Clam River in the southwest quarter of the northeast quarter of section 26, township 39 north, range 16 west, Burnett County. It is authorized by permit dated March 30, 1936 in docket 2-WP-233. It was constructed that year and is presently owned and operated by Burnett County. The purpose of the dam is to control levels in Upper and Lower Clam Lake whose maximum water level of 951 .3 feet, and minimum level of 950.5 feet, Mean Sea Level datum (MSL), are established by Order 2-WP-1065 (1956). 2. At the dam the downstream drainage area is approximately 250 square miles. The dam is located about 2%Z miles north of state highway 70 which crosses between Upper and Lower Clam Lake. Upper Clam Lake, located south of state highway 70, encompasses 1,218 surface acres. Lower Clam Lake encompasses 337 surface acres. 3. The dam is at the site of a former logging dam destroyed in 1913. In 1932 a loose stone spillway was created at a highway bridge just above the dam site. The spillway effected the low water control desired but caused property flooding during high flow. It was partially removed in 1934 following a Public Service Commission order in the Matter. 4. The present dam has a concrete outlet section consisting of four gates 6 feet 4 inches wide and five gates 11 feet 4 inches wide. Gate sills are at elevation 946.80 feet MSL. 5. Information gathered from a 1996 survey and monitoring of six water level gauges indicate that Upper and Lower Clam Lake at low flow are substantially the same level as the pool above the Clam Lake Dam. During periods of high flow a water level gradient exists with higher water surface elevation on Upper Clam and a lower water surface elevation at the dam. The Clam Lake Dam can be effective for control of levels in Clam Lake at low flow. During periods of high flow natural river channel morphology below the dam restricts flow and limits the ability of the dam to pass flood flows even with all gates open. 6. Burnett County received numerous complaints during 1995 and 1996 regarding dam operation and Upper and Lower Clam Lake water levels. Complaints alleged both high water damage, lower water navigational problems and the failure of the County to operate the dam in accordance with water level Order 2-WP-1065 (1956). Water level records reviewed by the Department indicated that levels were frequently above those established by Order and that an unauthorized winter drawdown occurred annually beginning in the early 1970's to the present time. Due to the duration of these high water conditions many property owners and recreational users became accustomed to the higher levels. During this same period water levels exceeding 951 .3 feet MSL, caused shoreline erosion in some areas and physically established an ordinary high water mark. Since April 22, 1997, levels have been held at or below 951 .3 feet MSL, in compliance with the 1956 order. 7. The County requests authority to continue the practice of a winter level drawdown. Specifically, they request permission to fully open all gates at the dam during a period from October 15th through May 1st. The minimum elevation will not exceed 15 inches below the summer minimum of 950.5 feet MSL. The drawdown would allow for storage of spring runoff waters and reduce shoreline damage caused by ice.