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Michigan TU News:
Michigan TU: Coldwater Updates
Written by In the Stream   
Friday, 05 February 2010 00:00

Here is some important information for TU members and chapters regarding two issues of real significance to coldwater habitat and trout fishing in our state.

Nominations Due February 12th for Gear-Restricted Waters

Reminder, the MDNRE Fisheries Division is accepting nominations to get public input on sections of streams that would be good candidates for addition to gear-restricted waters. TU members and chapters have until Feb 12th to nominate new streams, or send in your support for maintaining the existing ones you like. Please take the opportunity to have your thoughts and opinions heard on this topic.

Submit your nominations to this internet email address, This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Make your nominations as specific as possible and include information such as; the specific section of stream being suggested (use road/bridge or landmark boundaries to identify the section being nominated), brief description of the rationale for why you believe the nomination is justified, and what you think the gear-restricted regulation should entail.

If you have questions about nominating gear-restricted waters, contact Bryan Burroughs, MITU Executive Director (517.599-5238; This e-mail address is being protected from spambots. You need JavaScript enabled to view it ); or Tom Quail, MITU Conservation Chair (248.391-6718; This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). You can find further information about this issue on Michigan TU’s website, www.michigantu.org; look under “Latest News”.


Michigan Supreme Court Agrees to Hear Appeal In Kolke Creek Litigation

Great News regarding the voice for coldwater conservation in our state! The Michigan Supreme Court has agreed to hear the Anglers of the AuSable's appeal in its case against Merit Energy and the DEQ regarding Kolke Creek. Anglers filed its request with the Michigan Supreme Court last summer and Michigan TU filed an Amicus Brief in support of the Anglers'. The Court's January 29, 2010 Order accepted Michigan TU's Amicus Brief and, based upon all the documents submitted, the Court agreed to hear the Anglers' appeal.

In addition to the issues raised in the Anglers' request to appeal, this Order paves the way for conservation groups in the state to submit opinion briefs on the following issues:

  1. Whether Merit Energy Company, defendant in the underlying case, could be granted the right to discharge water on land owned by the state;
  2. What test should be applied to determine whether and the extent to which Merit may discharge water;
  3. Whether the plaintiffs (Anglers of the AuSable, Mayer Family Investments, LLC, and the Nancy A Forcier Trust) have a cause of action under the state’s environmental protection law against MDNRE; and
  4. Whether the Nestle and Preserve the Dunes court cases were correctly decided.

Michigan TU’s involvement in issues like this means that the interests of coldwater resources will be heard. These are far-reaching legal issues that have long-lasting impact on our ability to protect and conserve coldwater resources and the groundwater they depend on.

If you have questions about these legal issues, contact Bryan Burroughs, MITU Executive Director (517.599-5238; This e-mail address is being protected from spambots. You need JavaScript enabled to view it ); or Brian Considine, the attorney that filed MITU’s motion and Amicus Brief with the Supreme Court (248.642-2531; This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).


Michigan Trout Unlimited Communicates

Over the last few months you have notice more communications from Michigan Trout Unlimited (MITU).  This is an effort to raise awareness of what MITU is doing in the state.  Please look for our bi-monthly e-letters "...in the Stream..." from MITU.

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We at Michigan Tu are trying to reduce overall cost of communication to it's membership.  Michigan TU's rationale for this move?  Green.  Both environmentally and financially.  Reduction of the paper version of the newsletter, not only reduces the our "footprint" on water resources, the move will also save MITU approximately $4 per member annually in printing and mailing costs. However, we need your help.  If you are inclined, please follow this link and Opt-Out of receiving a paper copy of Michigan Trout.

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