'Thousands of dead fish' Citizens voice concerns about Lake Ilo

May 5—DUNN CENTER, N.D. — Unlike the water levels at Lake Ilo, tensions were high during a well attended Dunn County Park Board meeting at the county courthouse on Tuesday, May 2. Several citizens expressed frustrations about the impact of federal lake management on water needs in the oilfield, agriculture and outdoor recreation.

Dave Hibbs, a service dam safety officer for the U.S. Fish and Wildlife Service, came to the meeting. Two of his North Dakota colleagues were also present.

"This dam is over 80 years old. All dams are living creatures in the sense that they grow, they age just like folks do. They react to their environment," he said.

He said a concerning seepage area was discovered in November 2019. According to Hibbs, the seepage problem is made worse by the layer of lignite frangible coal seam, which is more soluble than the harder coal found in his native Virginia.

"We took measures to reduce the lake level down so that they can lower that pressure on that flow... Because what happens is, as that flow moves in, you get measurable flow and gallons per minute; you are moving material through that coal seam. Our fear is that eventually you will move all that coal out of there," he said, citing a dam spillway collapse on

Lake Oroville

in northern California. "They had over 60 years of good performance in their spillway, and then they had a failure of the spillway... When we see something like this, we take it very seriously. So that's why we have a reduced lake level."

During the meeting Lake Ilo area rancher and farmer Ben Murphy said the reduced Spring Creek water levels and resulting weed growth have negatively impacted his way of life. Of all the land he owns or leases, approximately 3,200 acres are within five miles of the lake. He also alleged the agency has demonstrated a lack of communication with the North Dakota Water Commission.

"I don't have a stream anymore. I have a four gallon a minute trickle. And it's miles that I have to deal with," Murphy said. "They shut down the frack permits for everybody until the lake filled. You guys were releasing water out of the lake without contacting the water commission. They could make use of this water in the oil field. At least make use of it because you're not."

Hibbs said he would not address water law concerns because that's outside his purview. Murphy and others said they get similar responses from other government agencies, and that essentially no one is accountable to such grievances. In an interview after the meeting Murphy said there used to be a Fish and Wildlife agent who lived at Lake Ilo. Now Kathy Baer is the Lake Ilo Refuge Manager. She lives in Garrison, N.D.

"That's why when we had a manager that lived there, it was awesome. Because if the fish dumped his house stunk. If weeds were bad, the weeds in his yard were bad. Now it's different," Murphy said in a post-meeting interview, adding that he believes too many of these decisions are being made by bureaucrats in Washington D.C. "They just don't have to live with the consequences, you know, to where they come down once a month for a day. I drive by that lake 358 days a year."

He emphasized his belief in policy diffusion and local control.

"I would love to see it county run — as low as possible. Either the City of Dunn Center, or the county run it," Murphy said. "If the county ran it they'd have a bigger budget... I mean, we're an oil county. We have money. And I do believe it would be run better."

Hibbs said he's not insensitive to water needs, but underscored that safety is his top priority. The project is purportedly being funded by grants from the Inflation Reduction Act. If everything goes according to plan, he said the lake will be refilled to normal levels by the spring of 2025.

"From the dam safety officer perspective, I have to look at the potential for loss of life," he said.

He added that if the lake waters were kept at normal levels, this would increase the risk of the dam failing — and that it's his responsibility to prevent that.

"I can't stand in front of a family and tell them I'm sorry, I knew about that but I let your relative die," Hibbs said.

Resident Tara Hepper asked the authorities what they plan to do about the "thousands" of dead fish rotting along the shorelines and the resulting odor nuisance. Audubon District USFW Agent Todd Luke responded that the smell is "not that bad" and that all the dead fish he's seen recently are invasive carp. Hepper further pressed the issue and Baer claimed other lakes across the state have also had problems with

winter kill.

She also asked what people expect her to do about the dead fish, as she does not have the staff to pick them up.

Park Board member Bob Brew said he could get the volunteers organized to pick up the fish.

"We can get volunteers because there are a lot of people who care about that lake and want keep it looking nice... But you have to at least let us know where we can dump fish," Brew said.

Baer said she would get back to him on that, noting there are "rules and regulations that must be followed."

Lake Ilo water levels have already been reduced for the past two years in USFW efforts to mitigate dam risks. During the meeting Brew, who lives close to the lake, pushed back and said he enjoys bowfishing for carp. He also said he hasn't seen fish death rates haven't anywhere this level since the last round of dam modifications in 1989. Brew explained that last spring he noticed significant numbers of dead walleye and northern pike.

"We grew up here. And in the 20 years that I've lived around the lake I've never seen a winter kill," Brew said. "I called Kathy last year to let her know fish were starting to die because basically, they run out of oxygen. When they drain the water down that shallow, it's not enough to create its own oxygen, so all the fish are congregated in one spot. They suck all the oxygen out of it, and then they start dying... It was only about three feet deep"

He said carp can live on lower levels of oxygen but because the lake was so shallow this winter, he believes it froze all the way to the bottom and killed them too.

Despite the issues, Brew thanked Hibbs for making the trip from Virginia and providing useful information. Hibbs said he plans to be back on June 19, and will hold another forum that day.