DNR witnesses: mussel surveys found large ecological losses; state sued Boyce Hydro in May 2020

Amy Mistack, a DNR fisheries manager, described to the court how DNR coordinated mussel surveys after Boyce Hydro’s drawdowns of Wixom Lake. She said the 2018 and 2019 events affected many mussel species and that DNR used accepted sampling protocols with extrapolation where complete censuses were impossible. "The damage calculations for the mussel loss at Edenville Dam was so high because of the large number of mussel species affected," she testified.

Mistack explained that mussel restitution is costly because mussel species cannot simply be purchased and returned to the system; reintroduction and propagation are technically complex and expensive. She also drew a distinction between a damage claim and settlement amounts, saying settlements are typically less than initial claims and that many figures in comparative tables represent settlements rather than original demands.

The court record includes an entry showing the state issued a summons and filed the lawsuit on May 1, 2020; Mistack confirmed the filing date came after the lake had already been returned to its normal level. The suit sought monetary compensation for ecological injury and an order that future drawdowns comply with Part 301 permitting requirements rather than an outright ban on future drawdowns.

Mistack described DNR’s participation in confidential settlement discussions with 4 Lakes Task Force and Boyce and said those discussions centered on resolving mussel claims to allow financing for dam purchases and safety improvements. She testified she was not part of the 2018 mediation and had only second‑hand awareness of the bargaining positions taken there.