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Eagle Creek reaches $25 million settlement with state to resolve Morrow Dam drawdown lawsuit

A view of Morrow Lake with a log and duckweed in the foreground and the glassy modern dam in the background.
Sehvilla Mann
/
WMUK
The Morrow Dam as seen across Morrow Lake in November 2021.

The settlement means the state of Michigan's lawsuit will not proceed. The state sued Eagle Creek for damages stemming from a dam drawdown that caused as much as 400,000 cubic yards of sediment to be released into the Kalamazoo River.

According to court documents filed April 29, Eagle Creek Renewable Energy agreed to pay a $25 million settlement to the state to resolve a lawsuit stemming from a pre-Covid dam drawdown.

In 2019, Eagle Creek — which owns the Morrow Dam — began lowering the water level on Morrow Lake. The drawdown resulted in a flood of sediment into the Kalamazoo River, covering some areas of the riverbed in up to 12 feet of mud and burying riverbed habitats.

Cleanup efforts were later abandoned by Eagle Creek, and in 2022 an Ingham County judge ruled a lawsuit filed by Attorney General Dana Nessel against Eagle Creek could move forward.

That case was set to begin April 27 — but the parties reached a settlement before the case could begin.

Eagle Creek has said the drawdown was necessary to repair aging spillway gates. In a statement, spokesperson Matt Friedman said: “The actions we took on October 31st, 2019 saved lives and protected property.”

"Investments like our Morrow spillway repair project are vital to ensuring the safety of downstream communities. The safety of those communities is our top priority. STS Hydropower remains committed to providing reliable, clean electricity for Michigan," Friedman said.

In response to the settlement, Democratic State Senator Sean McCann of Kalamazoo issued a statement commending the agreement.

“The Kalamazoo River is a vital resource to Michigan and our community. The disastrous sediment released at Morrow Dam set back our progress to restore this waterway. It choked the growth of fish and wildlife for many seasons," McCann said. "I appreciate Attorney General Dana Nessel’s work to arrive at this settlement as the likely best outcome given the circumstances and to achieve some accountability for the responsible parties."

As a result of the settlement, the state has dropped all claims against Eagle Creek — absolving the company of liability and responsibility for cleanup efforts.

Anna Spidel is a news reporter for WMUK covering general news and housing. Anna hails from Dexter, Michigan and received her Bachelor of Arts in Journalism from Michigan State University in 2022. She started her public radio career with member station Michigan Public as an assistant producer on Stateside, and later joined KBIA News in Columbia, Missouri as a health reporter. During her time with KBIA, Anna also taught at the University of Missouri School of Journalism as an adjunct instructor and contributed to Midwest regional health reporting collaborative Side Effects Public Media.
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