As Kevin and Jennifer Miller, and Blake Romig were ice fishing on Mill Pond, a nearby homeowner told them they were not welcome.
The Clarkston trio ignored the complaint, but still wondered if the homeowner could really kick them off the pond. Who owns the Mill Pond?
Bob Roth, Clarkston resident and business owner, owns a dam on the south tip of the Mill Pond. Henry Ford ensured the dam was deeded with the property in downtown Clarkston. Ford built the dam to provide electricity to the mills. Roth said his control of the dam, and water levels, causes nothing but a headache.
‘If I control the water levels, does that mean I own the pond,? he asked. He is not sure, but he does admit the whole situation is stressful.
‘I worry about the lake levels all the time,? he said, adding he spends money controlling that dam.
The dam controls waters that flow under the Mills building to Depot Park millrun and into Middle Lake. If the dam is operated improperly, the city could flood.
Every year, Roth completes state mandated reports about dam activities he completes. He also hires an engineer to monitor water levels and make sure everything is OK with the water.
Roth has attempted to relinquish control of the dam to the Michigan Department of Natural Resources and the state of Michigan, but the offer was rejected.
Roth has even had some bad press over the dam and water levels.
A few years back, Roth’s investment company was accused of stealing water from the pond, when lake levels were low.
Roth recalls stories on the front page of The Clarkston News ? one story covered accusations of stealing water because lake levels were so low. Another addressed a drought in the area.
However, the law is clear. In 1787, under the rule of English Crown, large swaths of land were ceded to the federal government, including the Michigan Territory.
In 1787, as Michigan was created, a law addressed ownership of bottomlands: “The navigable waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same, shall be common highways, and forever free.”
When Michigan entered the union, that law was mandated as a binding promise to remain in effect forever.
Michigan is home to the Great Lakes, more than 10,000 lakes and over 35,000 miles of waterways and wetlands.