Potato Lake Dam - Hubbard County
Mel Sinn, DNR Waters (updated 5/7/2003)
General Background:
* DNR owns and maintains over 300 lake outlet dams statewide, most of which were built under
the federal WPA program following the Dust Bowl conditions of the 1930’s.
* When wet climate conditions returned in the 1940’s, DNR began receiving widespread
complaints that these lake outlet dams were causing higher flood levels and damaging shoreline
properties; DNR decided to end stop-log operation to avoid liability.
* Depending on the circumstances of the individual dam, DNR either removed the dam stoplogs completely, or fixed the stop-logs at a lower height to allow these dams to continue to
function as lake level control structures under low water conditions.
* On April 15, 1947 DNR Waters directed that the stop-logs in the Potato Lake dam be
permanently fixed at a specific height, that all excess stop-logs and the stop-log storage shed be
removed from the site, and that manipulation of the Potato Lake dam cease.
* Unauthorized tampering with the dam=s stop-logs continued, and over time DNR Waters
acquiesced to local operation of the dam.
* In 1999, the owner of the land upon which the dam is located decided to quit operating the
dam=s stop-logs; because DNR Waters had no intent to operate the dam, it replaced the dam=s
wood stop-logs with steel stop-logs to discourage tampering with the dam setting.
* On April 10, 2000 the Attorney General received notice of a tort claim against the State by
Wilson Persinger and Melvin Dubinsky alleging property damages resulting from the State=s
negligent operation of the Potato Lake dam.
DNR Objectives:
1) To end the manipulation of the Potato Lake dam and allow lake levels to fluctuate naturally.
2) To avoid recurring conflicts between upstream and downstream lakeshore residents over dam
operation and potential adverse impacts on property and fisheries habitat.
3) To save money by piggybacking on Hubbard County=s CSAH 18 bridge replacement project
and replace the existing stop-log dam with a fixed crest lake level control structure that is integral
with the new county bridge. To have the County take ownership of the new outlet weir.
Summary Chronology:
* 1938/1939 An old logging dam and bridge at the outlet of Potato Lake were replaced by a
combination concrete lake outlet dam and county road bridge under the WPA program; the new
dam was comprised of nine 5-foot wide stop-log bays built between the piers of the county road
bridge; the state accepted ownership of the dam and the county accepted ownership of the bridge.
* 5-4-1939 First letter from R.V. Peterson asking for authority to place stop-logs in the dam; on
5-5-1939 the local DNR game warden was instructed to operate the stop-logs to try to maintain
water levels consistent with the levels set forth in the easement acquired from R.V. Peterson’s
father W.V. Peterson (that range corresponds to 3.3 feet to 4.2 feet on the dam=s headwater
gage).
* 9-29-1941 R.V. Peterson was hired at $3.00/month to monitor water levels and make stop-log
adjustments on Potato Lake during the open water season (April through October).
* 6-5-1943 Return of wet climate conditions in 1942/1943 brought complaints about high water;
a gage reader reported, “Flood conditions exist here now. All rivers out of banks and everyone
complaining.”
* 7-16-1944 Letter from nearby Eagle Lake resort owner threatened legal action over the
manipulation of the stop-logs in the Potato Lake dam.
* 1945/1946 DNR Waters lake file cited unauthorized removal of stop-logs by “parties
unknown”.
* 4-15-1947 DNR Division of Waters directed that stop-logs in the dam be fixed at a gage height
of 2.8 feet, that all excess logs and the stop-log house be removed from the site, and that no
further operation of the dam be conducted (similar orders were written for WPA lake outlet dams
all across Minnesota).
* 7-27-1947 DNR received a letter from the former dam owner W.V. Peterson stating that he
had added 4 inches of stop-logs in the dam “…in hopes of holding a few inches of water in
Potato Lake for reserve in case we have as dry an August as we had a July”.
* 8-1-1947 DNR Waters responded to W. V. Peterson stating DNR=s intent to end stop-log
operation, but that the additional 4 inches of stop-logs could remain until Waters completed
“additional studies of this problem”.
* 3-12-1948 DNR reaffirmed its decision to fix the stop-log height at 2.8 feet.
* 6-4-1948 W.V. Peterson argued that the 1935 district court decision supported the
maintenance of a water “reserve” and that fixing the stop-log height was inconsistent with the
court decision.
* 6-22-1948 DNR restated its position that the court decision does not require continued dam
operation and that the stop-log setting will remain fixed at 2.8 feet (reports of unauthorized
tampering with the stop-logs continued).
* 8-7-1950 DNR decided that the fixed stop-log setting should be raised to 3.2 feet (reports of
unauthorized tampering continued).
* 6-8-1953 R.V. Peterson wrote letter alleging DNR does not have the right to establish a fixed
stop-log setting at the dam.
* late 1950’s & early 1960’s:
DNR acquiesced to R.V. Peterson=s continued stop-log manipulation, most likely
because of uncertainty about the legal implications of the language in the September 9,
1935 Hubbard County district court decision regarding the extent of his father=s flowage
rights on Potato Lake that was incorporated into the November 12, 1937 easement for
construction of the new dam granted to the DNR by his father W.V. Peterson.
The 1935 court decision stated that W.V. Peterson had a right to maintain the water level
on Potato Lake from 1438.25 feet to 1439.17 feet, which R.V. Peterson and others argued
was a sanction by the district court to manipulate water levels on Potato Lake within that
range of elevations.
The dam easement acquired by DNR from W.V. Peterson stated that the easement “ shall
not exceed but shall be limited by the provisions of said judgment and the dam shall be
perpetually maintained by the grantee as far as is reasonably possible under the conditions
of weather and precipitation of moisture at the time prevailing so that during the months
of June, July and August of any year the head of water at said dam shall not exceed 37
inches” ; the 1935 judgment did not include any reference to a water level of “ 37 inches” .
* 3-15-1966 Wilson Persinger of Sioux City, Iowa wrote to DNR stating that he had acquired a
summer home on Potato Lake two years ago, and that last fall someone “ indiscriminately”
removed stop-logs before freeze up, and that more stop-logs were removed after freeze up, and
he warned that if something was not done the lake would be “ at an all-time low in the spring” .
* 3-29-1966 DNR Waters Director Frellson responded to Wilson Persinger that the dam will be
inspected and the stop-logs adjusted to the correct setting of 3.2 feet on the headwater gage.
* 6-1-1967 Wilson Persinger complained of low water conditions on Potato Lake causing an
“ additional four feet of lake shore” .
* 6-6-1969 Wilson Persinger again complained about low water levels.
* 5-22-1972 State Senator Gerald Willet informed DNR that he was hearing lots of complaints
about high water levels on Potato Lake.
* 3-19-1981 Letter from Hubbard County that asked who was in charge of operating the Potato
Lake dam (because it had an impact on Fish Hook Lake in Park Rapids); DNR Waters responded
on 5-19-1981 and noted that the landowner had no right to operate the Potato Lake dam and did
so “ only with State acquiescence” .
* 11-2-1982 Letter from attorney of dam landowner Clyde Johnson that said certain Potato Lake
property owners had threatened to sue Clyde Johnson if he refused to remove stop-logs from the
dam.
* 7-16-85 DNR Waters regional hydrologist Jerry Paul reported that there were lots of high
water problems and complaints about Potato Lake dam operation.
* 1986 Dam property purchased by Sheldon Nelson, who received written warning from
previous owner about potential dam liabilities.
* 9-20-1989 DNR Waters area hydrologist Kirk English reported complaints from property
owners on Fish Hook Lake and areas downstream as far as Twin Lakes in Wadena County about
“ abrupt changes” in river flow; Kirk requested assistance in developing an operating plan for the
Potato Lake dam because of continuing complaints from downstream landowners about water
either being dumped on them or held back from them.
* 12-3-1996 DNR Waters hydrologist Jim Solstad reported on the outcomes of his technical
analysis of the Potato Lake dam and discussions with dam landowner Rich Rothermel.
* 6-4-1999 Kirk English informed Hydrographics Supervisor Glen Yakel that dam landowner
Rich Rothermel was no longer going to manipulate stop-logs in the dam and it would be a good
time to consider fixing the stop-logs at one setting; DNR Waters subsequently installed steel
stop-logs at a height of 3.2 feet.
* 10-1-1999 Wilson Persinger complained of high water levels and said the lake needed to be
drained down before winter to avoid property damages.
* 10-22-1999 Jim Solstad responded to Wilson Persinger that DNR Waters was going to set the
stop-logs at a 3.2 feet gage height and eliminate future operation.
* 4-10-2000 Attorney Mark Thomason wrote a letter to State Attorney General Mike Hatch
stating a claim of $50,000 on behalf of his clients Wilson Persinger and Melvin Dubinsky for
property damages for the State’s “ negligent operation” of the Potato Lake dam.
* 7-17-2000 Kirk English met with Senator Tony Kinkel and four Potato Lake property owners
to discuss the issue of Potato Lake dam operation.
* 8-12-2000 The Potato Lake Association passed a resolution concerning Potato Lake levels that
supported the maintenance of an “ appropriate height for the summer and at a lower height for the
winter” .
* 9-29-2000 DNR Deputy Commissioner Steve Morse, Senator Tony Kinkel, and others met to
discuss the Potato Lake dam.
* 10-9-2000 Steve Morse sent a letter to Senator Tony Kinkel defining limitations for winter
drawdown, Hubbard County’s timetable for bridge replacement, and DNR’s long-range plan for
managing the dam.
* 10-23-2001 DNR Waters staff members Mel Sinn, Jim Solstad, and Dana Gauthier met with
Hubbard County Engineer David Olsonawski and representatives of the engineering consulting
firm of Widseth Smith Nolting to discuss the County’s bridge replacement plans and replacement
of the Potato Lake dam.
* 12-7-2001 Jim Solstad provided a short report to Hubbard County and its consulting bridge
engineer containing recommendations on the hydraulic design of a fixed outlet control weir to
replace the existing Potato Lake dam.
* 5-22-2002 Governor Ventura signed 2002 capital budget bill that included $100,000 for
replacement of the Potato Lake dam.
* 7-27-2002 DNR Waters staff members Mel Sinn, Jim Solstad, and Kirk English attended the
Potato Lake Association annual membership meeting. Jim summarized the findings of his
“ Hydrologic & Hydraulic Evaluation of the Proposed Potato Lake Dam” dated July 2, 2002.
* 10-17-2002 Jim Solstad issued an addendum to his July 2, 2003 technical evaluation report
and sent ten copies to Potato Lake Association President Tom Conzemius.
* 4-14-2003 DNR Waters staff members Mel Sinn, Jim Solstad, and Kirk English attended the
Potato Lake Association board of directors meeting to discuss replacement of the Potato Lake
dam.
* 6-7-2003 Date scheduled for the Potato Lake Association annual membership meeting and
further discussion of dam replacement.