~..1...i.. .. in . . . i . , . . , .. 1 , . , 1 . .. . 1 . . . .1 .11....1.‘.1.\..1...u..:f. .I 2 . I . ... .. .. .1. . ... 11.2.1111 1...... [I .7 r I .7- h‘EaVU-Cvi:...0.V.v.sflr\.s..oum. . 1 ..u ,u..n&.’v..~1.-3.1.2772fli\;.v . ’45.. v#. .. . 2. .111“: y l . cl . 3w \1 . . ........1rr I’ve! r.!37,. 4.‘ .1 I.- .\.h _ . . . ’Ir a, \u)... I. II ./ ‘ 2.. . 5‘ J. .fi VL . . I a .11. I. a ll. . l / H .1 A... . .I I . I a. . . .11' 5 1 X '1‘ 3...... r . r . t. .2. I , .4. I , ...\ - . . .f A \ .. ' ,f/ . . v v _ A g 1 1 I. I r . . q '. fi . . .va . fin \ o . w |. } ,v r _ l, O .1/ - . 1. 1 .. i 0 £1 A. . p x a: . fl. J \ .1 fl. ‘ 1 ‘. . - 1 0| x» ' 1 ;.I . v . . . /. 1.. .I. “\ .U\ r. THESIS m sure mum Umt.mD-v.m .rll.|ps Li... 7. .ugiggmk.“ , . .iwfléi . l3»! L. . PROPOSED DRAINAGE OF FAYJ LaKE JACKQUN 00., MICHIGAN. *****44 A Thesis Submitted To The Faculty Of Michigan Agricultural College. \., By 1 t” .9 ‘ / 1‘ wioigggre. K.L.Baguley. Candidates for the degree of Bachelor of Science. June 1924. THESIS t.0=?.l DEDICATION. To Professor H.K.Vedder, Professor of Civil Engineering at the Michigan Ag- ricultural College, we wish to res- pectfully dedicate this work. 7: SA L5.» 1(' FORE‘J’JORD . In working out the drainage project outline in this thesis, it has been the purpose of the authors to devote as much time as possible to the practicability of the project. Much of the territory covered by the survey is swampy and covered with brush, making accurate work difficult. The cost of the work has been estimated and is given tOgether with the esti- mates of the benefits. The legal difficulties to be encountered are also shown. The authors wish at this time to acknowledge the assistance of Professor O.E.Robey of the Farm Mechanics Department, and Mr. F.A.Gould of the Civil Engineering Department, for their king assistance. K.L.Baguley. W.O.Moore. a \ "‘ ‘I.... j. . ‘ J \ .v' " 5" .. . . ' i 3w“ ‘ ~ -' '- ..'. ma~fig1i¢1a13 ”I 1" 5-K '.', (.,_. ~- ., . , ‘. . ' a :O 1": l'.‘ H fi“-{fi" , .. f ' r < J :- '. i i: in r“. . ‘24 Fat Lg ; :._ '8: LI. ’.‘2 s“ 5 Q " {i 3‘. h an, a $mw, fi‘ "*4 57': .~‘. mu m w . (E 131*: '3 *' ‘ 5-::- b _. “, 3 TABLE OF CONTENTS. Title. Page. History ...................................... 1-2 Illustrations ................................ 3-4 Procedure .................................... 5-7 Practicability of the Project ................ 0-9 Economic Considerations ......................lO-l5 Legal Considerations ......................... 16-22 00n01u319n eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 25 Oct-0.00.0000... eve-.00.. ._ oeeeeoueestoe-oe-os HISTORY. Faye, Plater, and Cole Lakes, all of which.would be effected by the preposed drain, are undoubtably of glacial origin. These Lakes are in Norval Township, all of which is covered by rolling hills interspersed with flat stretches of low land. The lakes are very deep, drapping off rapidly at about one hundred feet from the shore, which.would also indicate that the lake was formed by a glacier. Further indications are found in the nature of the soil, which usually varies widely on each farm. At earlier periods when good land was plentiful, it would not be economic to drain the land, but at present with the values of land in the neighborhood ranging up to one hundred dollars per acre, many drainage projects are being carried out. Insofar as the work on this problem is concerned, there are only two drainage projects which have been carried out, that interest us. These two are the straightening and cleaning out of the outlet to Faye Lake (the outlet dealt with in this problem), and the construction of a drain into the upper end of Faye Lake which is known as the MOore-O'Neill county drain. The outlet Was straightened about fifteen years ago. No records were kept of the cost of straightening, and it was evidentially done by interested land owners. Page 2 Since being straightened, it has been cleaned twice, and dynamite was used on the portion running through the Arnold farm. The Moore-O'Neill county drain was petitioned and surveyed in the summer and fall of 1915. The work was done at a cost of $1155.20, and was com- pleted in September, 1916. All of the work was done by hand or by teams and scrapers. The drain is bene- ficial to between 400 and 500 acres. much of the land that was poor pasture land previous to the con- struction of the drain has been tile drained and now is valuable land. 1Most of the landowners are in favor of the prOposed drain which.would lower the level of the lake between four and five feet. There are two landowners having land along the lake that might be unfavorable from the view that it would damage the value of the lake as a resort. This is taken up later in the thesis. Page 5 ILLUSTRATIONS. Swamp land stretching Typical lowland along from the railroad outlet. to the lake. Page 5a ILLUSTRATIONS. Outlet to Faye Lake, Outlet from Plater Lake showing brush filled into Faye Lake. Note streams. stream,practically no fall. Page 4. ILLUSTRATIONS. Set up over Triangulation Station and Bench Mark No.1 Page 5 PROCEDURE. It is to be remembered at the outset of the this work, that economy of design and construction is one of the necessities for an economic drainage project. With this in view, the authors have endeavored to keep the amount of surveying down near to the amount that would be required for the actual survey of this project. The first steps taken were to make a general reconissance of the outlet which was to be lowered, noting the amount of fall, and approximately the area that would be affected by such a drain. The amount of fall in the outlet being a prime factor, this was investigated first. A line of levels was run down from an assumed datum plane for a distance down the outlet until the required fall was picked up. As no bench marks were available in the vicinity, an assumed datum of one hundred feet was taken as the elevation of bench mark and triangulation station No. l. The levels were run back anc checked up again. Starting at triangulation station number one, as system of triangulation was run in and two base lines measured. Page 6 A calm morning was selected and stakes were then driven at the existing water level of the lake, so that future measurements taken from these stakes would be from the same level. These stakes were set along the lake near the triangulation stations, in order that approximate levels for elevation of land, water sound- ings, etc., could later be determined. The instrument (transit) was set up on each triangulation station and after orientation on some other station, shots on breaks in grade of the surrounding land, on the shore line, and soundings for a short distance from the land, were taken. Soundings for a short distance only were taken as the water was in the neighborhood of forty geet deep in the center of the lake and so further soundings were unnecessary. A rough map of Norval Township was obtained from the county drain commissioner of Jackson County, but the scale was too small and the map inaccurate except as to prOperty lines. By the use of the above mentioned map many tapographical notes were plotted by noting their posi- tion with regard to preperty lines. Measurements of the depth of the water in the outlet at regular inter- vals was taken in order to compute the excavation in cubic yards. The above is a summary of the work done in the Page 7 field, and the rest of the work consisted of making maps, determining costs, increased land values, an investigation into the legal status of such a project, etc. Each one of these features is taken up in order. Page 8. PRACTICABILITY OF THE PROJECT. Under this head will be shown how the construc- tion should be done, that the construction of a drain will not reduce the fall below the required, and general construction notes. Undoubtably the best method of putting in the drain would be by means of a floating dredge. How- ever, as there is no dredge operating at present in Jackson County, this would be uneconomical. Whether or not a floating dredge will be used if the drain is put in will probably depend on the proximity of a dredge at the time. There would be sufficient water from the lake the dredge. There has only been one dredged Job in Jackson County up to the present time, and most drains there are not large enough for dredges. One contractor in the vicinity of the Job informed us that he has put in much larger drains than this would be by use of a s000p and by hand shoveling. This would probably be the method used. The drain is flowing quite constantly at all seasons, the lakes holding back the freshet water and acting as a reservoir. This would of course, hamper the construction. The total amount of fall in the outlet for the Page 9e estimated necessary length of 8640 feet amounted to 7.54 feet. 0n the advice of Prof. Robey of the Farm Mechanics Department, who has made a study of drains, an allowance should be made for filling in of the drain, eSpecially in the kind of soil encountered here, 1.6., muck and loam containing sand. Thus five feet is taken as the amount necessary to cut to make a permanent cut of four feet, all that is required for the success of this prohect. A cut of 5' would leave 2.54' for fall in a diet- ance of 8640 feet, or 2.54 x 5280 : 1.44' per mile. 5546 According to Elliot's "Land Drainage" a fall of from 6 to 8 inches per mile is the minimum required. The reasons for taking a greater amount above is to create a sufficient velocity to clear out silt and muck that would tend to segregate due to the nature of the soil, and because a large amount of fall is picked up near the end of the project. As the outlet has been straightened, no deviations from the present course would be required, and this lessens the amount of excavation. Sheet No. 2 in the envelOpe in the back cover of this thesis shows the profile of the water level, the new grade line, and the present bottom of the ditch. Page 10 ECONOMIC CONSIDERATIONS. Similar to every economic consideration, it is the desire of the authors to show in this section the act- ual costs of the Job balanced against the benefits de- rived therefrom. It may be noticed that in the dis- cussion following there is no mention made of damages that might be awarded to injured land holders. This feature is taken care of in the next section entitled legal considerations. The cost of the Job will first be determined. No actual estimate could be obtained on this particular Job, and an estimate of the cost is given below based on the depth of the ditch as compared to the cost for a similar ditch, or rather an average of ditches, built during the five year period from 1915 to 1917 in Jack- son County. This five year period was a period very similar to the present one, and prices were slightly above those at present, making the estimates on the safe side. Luckily the average depth of ditch for Jackson Co. is nearly the same as the average depth of this ditch. Average depth Hackson Co. ditches - 4.8' " " PrOposed ditch : 4.24' (See Prolile) Average cost per mile Jackson Co. : $1595.00 Cost of pr0posed ditch - 4.24 x $1595 3 $1252.00 4.3 Page 11. (The figures on cost of ditches in Jackson county, and the percentages given below, are taken from Miller and Simons' "Drainage in Michigan." One figure obtained froma local contractor in the vicinity of the job gives us a price of from $.25 to $.50 per cubic yard for sc00p and shovel excavations of this kind. For an average cut of 4.24' and with a 1% to l lepe the top width would be (bottom width of 8') 10' plus (4.24 x 1%) - 16.56' Average width of cut a 16.56 plus 8 a 12.18' 2 Average gross Area of cross section is equal to the average width x average out, or 12018 X 4024 = 51e6 Sq. ft. From this must be taken the average stream cross section. From a series of measurements the width was determined to be 8.5 feet. From Prin No. 2, the average net area, the average stream depth is found to be 2.56' The average cross area of the stream is then, 2.56 x 8.5 = 21.76 sq. ft. The average net area is then the difference between the gross area and the stream area, or 51.6 ' 21076 I 29084 sq. ft. x Tags 12 The average cross sectional area x the length of the drain in feet will give the quantity, or 29.84 x 8460 : 258,000 cu. ft. - 9,550 cu. yds. Taking the highest figure per yard of dirt as given, the total cost of construction will be $2590 The cost as computed from the average costs was determined as $1252.00 per mile, or for a length of 8640 feet, a total of $2040.00. As the above shows, the latter method giving a total cost of A2390 is a maximum and will be used. An estimate of one hun- and fifty ($150.00) per culvert was obtained which would be additional. An itemized list of the cost is given below by the use of the table on page 25, Miller and Simon's "Drainage in Michigan." Item. % Amount. Surveying. 2.76 $102.00 Printing. 1.52 48.00 Serving notices. .19 7.00 Probate fees and special commissioners. .55 12.00 Damages 1.27 47.00 Recording and Abstracts .86 52.00 Misc. .66 24.00 Contingency 4.45 164.00 Two culverts. $150 each 500.00 Construction (from above) 2590.00 Total cost $ 5126.00 Page 15. The table on the preceding page shows a total cost of $5126.00. As this covers a length of 8640 f£ét, the cost per mile will be 5280 x $3125.00 . $1910.00 8640 To show that the estimate given above is a con- servative one, some of the actual costs for the same five year period as was used will be given. Those counties having a similar average depth will be taken to show the comparison. County Average depth Cost per of ditch. mile. Barry. 4.5' $1469.00 Branch 4.4 1515.00 Eaton 4.5 1968.00 mason 4.5 £271.00 Kalamazoo 4.l 1200.00 Sanilac 4.l 1207.00 The estimated benefits will next be worked out. Although there have been many attempts to make a table showing the increased value of land with increased height above water level, none have been very successful, mostly due to variation in kinds of soil, marketing conditions, scarcity of good soil in that particular vicinity, etc. One that PagO l4 0 has been used to some extent is the one put out by the College of Ontario. However, it is not suitable for use in this locality. The value of the land after draining has been arrived at in this problem by consultation with farmers in the vicinity. They gave various figures, but the average is about as follows, Before Draining After Draining, Increase per acre. Lake bottom Swamp land. $ 10.00 Swamp land Good pasture 15.00 Pasture land Cultivated land 15.00 It will be noticed by examining the above that the increase is the same for all land effected by the drain except lake bottom exposed by the lower- ing of the lake level. By "all land effected by the drain" is meant all land in the surrounding area that is at present too low to be drained, and that could be drained by the lowering of the lake. The above estimates of increased values are conservative and do not include the increased value after being tile drained. By the use of a planimeter it was determined that the area upon map No. 1 in the rear cover, that was Page 150 was effected by the pr0posed drain, was equal to 495 acres. There is an equal amount of land above Cole Lake that would be benefited, and this is estimated at four hundred acres. In addition to this there is an area of 21.9 acres of Faye Lake uncovered and an area of 5.49 acres ochlater Lake. These areas are shown by the dotted line on the map. The land in- cluded in the outside dotted line is the land effect- ed by the project. Below is a table that itemizes the increased values. Description Area Increased Amount. value per acre. Faye Lake bottom 21.89 $10 $ 219.80 Plater " " 5.49 $10 54.90 Area of map effected495.00 16 7995.00 " outside" " 400.00 15 6000.00 Total Benefit 14,248.80 The value given above balanced against the estimated cost of $ 5126.00 gives a balance of $11,122.80, this amount representing the gain that would be Spread among the landowners. Page 160 LEGAL CONSIDERATIONS. At first glance it might seem that the legal difficulties would be encountered only in the usual manner, but in the lowering of a lake level a diff- erent problem arises. The problem arising is the case of two laws, both dealing with the same question but the actual force of each law must be found from court decisions. The following is taken from the ordinance of 1787, Article 4, which provides: "The navigable waters leading into the Mississ- ippi and St. Lawrence, and the carrying places ba- tween the same, shall be common highways, and fore- ever free as well as to the inhabitants of the said Territory as to the citizens of the United States, and those of any other states that may be admitted to the Confederacy, without tax, imposts, or duty therefore." The above will be shown to, on the surface, con- flict with Section 5, Chapter I, of the Michigan Drain laws. This reads as follows: "Drains may be laid or extended into or along or from any lake or other body of water surrounded wholly or in part by a swamp, marsh or other low lands for the general purpose of drainage contem- plated by this act but not so as to impair the navi- gation of any navigable river." Page 17 o The last act quoted does not make any mention of lakes being navigable, and that they are part of the "navigable waters" mentioned in the Ordin- ance of 1787. The case given below is one that is often used to settle disputes in Michigan. It will be given as noted in the Michigan Record, 137/419. It not only defines the meaning of navigable but also shows clearly how one law can be used to interpet another in order to bring about Justice. Cole. v Dooley. l. Navigable waters, Logging. "A stream and lake which.were used for floating 10gs as long as any were tributary, and since then for skiffs and steamers, are navigable." 2. Drains.-- Navigable Lakes. "A public drain, the avowed purpose of which is to reclaim land by lowering the level of a navigable lake, is not authorized, under section 4559 of the Compiled Laws, which prohibits the impairing of the navigability of waters by such drains." Appeal from Barry 00. From a decree for complintant, defendant appeals. Affirmed. Page 18. Description of the Case. Thornapple Lake is a body of water between two and three miles long, and half a mile in width, in the county of Barry. The testimoney in the case shows that there is deep water in the lake, but that the edges are low and wet, and that shallow water extends some distance into the lake, and that the bottom is soft to a depth of many feet. The shore around the lake is in many places springy, and it appears to be the consensus of Opinion that springs exist in the lake which help feed it. Several streams empty into this lake, the largest of which is Thorn- apple river, about sixty feet wide where it empties into the lake. There is much 10w land along the river, especially near the lake. The outlet of the lake is also called Thornapple River, and is larger than the inlet of the same name. Interested parties filed a petition with the county drain commissioner to establish a drain beginning at the outlet of the lake and extending down the stream, the avowed purpose of which was to lower the lake four feet. Near the south bank of this lake there is a high bluff owned by the complinants, which approaches within fifty feet or thereabouts of the waters edge. The complaintants' father owned Page 19. this prOperty, consisting of a farm, and he built a dock and filled in along the shore behind it; thereby giving access to the lake, where he kept boats to let and a steamer, which was used to transport pleasure seekers who were attracted to this place. For 5 de- cades or more he and his children, who now own the place, conducted a successful resort and spent con- siderable money and improvements. Among other things constructed by them to this end were a dance hall and a larger dwelling, a boathouse, and a depot or waiting room. This was immediately in front of, and within seventy feet or thereabouts of, the house, and also immediately Opposite the dock. There is about four feet of water at the dock at the ordinary stage of water. The drain prOposed will lay bare about sixty six acres of the bottom of the lake, and it will make shallows of other lake bottoms now covered by four feet and more of water. It will corre8ponding1y lessen the area that can be traversed by the complain- tants's boats, especially their steamboat. The com- plainants own a mile and a half of the shore of the lake with riparian rights incident thereto, and they Oppose the prOposed drain, and have filed a bill in this cause to restrain construction. The testimoney shows that the interested landowners, who expect to Page 200 have lands reclaimed by this drain have contributed to a fund to conduct the defense; and it is significant that several, if not most, of the large contributors own land near the inlets, and are not owners of the land through which the prOposed drain is to be constructed. It seems to be a plain case of tapping and drawing down the surface of the lake, and a barefaced processing to improve farms, at complainants expense, under pretense of improving public health, a prostitution of the drain law to private purposes. The complainants were not made party to the drain proceeding. They were not assessed for benefits, and we do not see how they could be, and, on the other hand, no damages suffered by them were considered. Section 4559, 2 Comp. Laws, provides: Drains may be laid into or along or from any lake or other body of water surrounded wholly or in part by a swamp marsh, or other low lands, for the general drainage contemplated by this act but not so as to impair the navigation of any navig- able water. The evidence in this case is clear, that Thornapple River has been used for floating logs whenever there were logs to float, and occasion to float them. As long as their was timber in the vicinity, it was floated upon the lake; and in the early days timber was brought down the tributaries not only to a boom and mill upon the lake, but also to a mill situated at Quimby, a mile Page 21 o . or so down the river, and it has been navigated since by thousands in steamboats and skiffs owned by complaintants The stream and lake were therefore navigable waters under our decision. As shown by the last mentioned case, the Ordinance of 1787, Art. 4, which provided: "The navigable waters leading into the Mississippi and the St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said Territory as to the citiaens of the United States and those of any other states that may be admitted into the Confederacy, with- out any tax, imposts, or duty therefore." --- Saved to the public the right to navigate the streams of the state by bateaux or even canoes. Who shall doubt that the Grand River and its tributaries were navigable, under this rule, as well as Thornapple Lake through which the river runs. Dt may be that the water hurrying from the surface of the land by artif- icial drains which empty it into the Great Lakes with a celerity that nature abhors, is essential to Public health. Under this statute, it is possible that private lakes and ponds may be obliterated in the interest of public health, upon compensating the owners for the loss, which however, has not been done or prOposed in Page 23. CONCLUSION. Practicability: It seems evident that the drain can be put down as suggested, and that it is a sound and not complicated project. Economy: That the drain would benefit the community is shown that in land improvement along the cost is over four times returned. Legality: From a legal standpoint, there are evidentifilly difficulties to be overcome. The consent of the resort owners or an agreement should be had before the project is attempted. * _——m——w—m-mw. bur—aw." , INDEX TO P0012"; T. MAP HUXBER ONE 0.000.000.0000 TOUOSTaDLical Map I‘JJXP I‘FULBER 1‘}!er 00000000000000.0000. l‘I‘Ofile Ira? . I‘LL? INJLIBLR T: ELSE o e o o e o e e o o 0 O Lia}? of Norval TVJPO .md' . 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