NORTHWEST MONTANA LAKES NETWORK (NMLN)
The Northwest Montana Lakes Network (NMLN) is a partnership between Montana Fish, Wildlife and Parks and the Whitefish Lake Institute. Its mission is to recruit and train citizen scientist volunteers to monitor water quality, identify and report Aquatic Invasive Species (AIS) and promote watershed stewardship in Northwest Montana.
Through the work of the volunteers in the program, lake data is collected and results detailing the health and status of these lakes are reported to management agencies and the public. NMLN’s February newsletter included an article about a local neighbor, Terry Divoky, who lives on Halfmoon Lake which is right next door to Lake Five. Terry has been monitoring Half Moon Lake for NMLN for 31 years. NMLN is honoring Terry and one other volunteer, Susie Bouton, who monitors Bailey Lake. See below to read about Terry’s and Susie’s dedication to overseeing the local lakes we all want to protect.
Lake Five has had volunteer residents monitoring its water for many years. Ron Ridenour began testing the water about 25 years ago. Recently Mike Kopitzke has stepped into Ron’s testing shoes and tests Lake Five’s water for temperature and clarity approximately every two weeks during the summer season.
Once per summer (ideally between the middle of July and the middle of August), the program coordinator visits each lake with a Hydrolab MS5 and Surveyor to measure depth, temperature, dissolved oxygen (% saturation and mg/L), pH, specific conductivity, chlorophyll (a), total dissolved solids, salinity, oxidation reduction potential, and resistivity. Currently the coordinator also takes water chemistry samples which are collected using a horizontal Van Dorn Sampler. These samples include total persulfate nitrogen (TPN), total phosphorus (TP), and chlorophyll (a). Total calcium (Ca) is collected every five years (it was last collected in 2020). Alkalinity was collected in 2012.
Each sample contains integrated water from the surface to the lake bottom. Therefore, the values for each parameter are representative of the lake’s vertical profile at the deep site. The results of these water tests in Lake Five have always been positive. Lake Five has clean water! The mid-July to mid-August timeframe is also the ideal time for monitoring the presence of zebra and quagga mussels by using a plankton tow. Veliger (mussel larvae) samples are collected using a vertical or horizontal haul method. The results of the monitoring in Lake Five for zebra and quagga mussels have always been negative!
Let’s continue to keep Lake Five’s water healthy!
2022 NMLN VOLUNTEER AWARD
Congratulations to Terry Divoky and Susie Bouton for being chosen as our 2022 Northwest Montana Lake Network Volunteer (NMLN) Award recipients. Both Terry and Susie have been monitoring water quality since the early 90's!
Terry has monitored Halfmoon Lake with her dog by canoe since 1992. She collects baseline water quality data and records and tracks bird and wildlife sightings such as bear, mink, cranes, sunning turtles, fish, and eagles. Being a lake monitor has allowed her to discover many interactions that happen on the lake that she may not have noticed if she wasn’t carefully monitoring the water quality. This includes keeping a close eye on the loons that nest on Halfmoon Lake and the predators that often prevent the loons from producing chicks. Terry and her husband have lived on Halfmoon Lake since 1988. Terry started the Windflower Native Plant Nursery on their property where she grew Montana native plants for 12 years. Previously she worked seasonally for Glacier, was an elementary teacher in West Glacier School and a school librarian in Columbia Falls. Terry and her husband are now retired and enjoy backpacking, hiking, and traveling, as well as volunteering for several organizations including NW Montana Forest Fire Lookout Association and Gateway to Glacier Trail.
Susie Bouton and her husband moved to Bailey Lake in 1990 and soon after she attended a water quality training to be a volunteer water quality monitor. She has been monitoring water quality on Bailey Lake by canoe since 1993. She stated that “Bailey Lake is small but has a big heart” and over the years has welcomed swimmers and paddlers to its relatively warm water along with a multitude of wildlife and interesting birds. She has 30 years of records to fall back on and laments the demise of our Red Necked Grebes but welcomes the nesting hooded mergansers. Recently, she has been concerned with the algae blooms on the lake and has focused her monitoring efforts on documenting this in Bailey Lake.
Thank you, Susie and Terry, for volunteering to keep our precious lakes healthy and promoting watershed stewardship in northwest Montana!
Photos:Left: Terry DivokyRight: Susie Bouton
January 12, 2023
To: Members of Friends of Lake Five Subject: Article in the Flathead Beacon Please respond to the issues discussed in this newspaper article. Residents of Lake Five will be directly affected by FWP’s decisions regarding these issues. Deadline for responding is January 15, 2023 at 5:00 pm.
https://flatheadbeacon.com/2022/12/27/fwp-considers-pair-of-lake-five-proposals/
Jean Pinski President, Friends of Lake Five
Nesting Loons on Lake Five
June 5, 2022
Two days ago the FWP, USDA and Montana Loon Society placed four buoys in Lake Five to protect a newly discovered loon nest. These buoys are placed to warn all users of the lake (boaters, swimmers, fishermen, users of kayak, paddle boards and canoes, plus machines that produce foreign-to-birds sounds-such as drones and LOUD music) to maintain a significant distance from the nest and the swimming birds.
Montana has approximately 200 loons returning to the state each year. Old timers in this area remember loons on Lake Five long ago. Loons are territorial, claiming a territory of about two square miles. No loons have nested on Lake Five in the past few decades. So, the return of the loons to Lake Five is a BIG EVENT! Loons are described as “stubborn” because of their endeavor to nest in the same location each year. If a nest fails this year, the loon pair can be expected to return to Lake Five and try again to successfully nest in May 2023.
The loon incubation period is about 28 days. The baby loon adapts quickly to the water and the nest is then abandoned. The baby will grow from weighing a couple ounces at birth to an almost adult size of six to eight pounds. It takes thee years for a loon to mature to adulthood..
The loons must leave their territorial lake before ice forms in the fall because they need a water runway to gain elevation for flying. Loons winter in a warmer climate, returning the next spring almost as soon as the ice leaves the lake.
Adult loons weigh between eight and fourteen pounds. The males are slightly bigger than the females; Loons can live as long as 30 years.
The Latest news…
March 30, 2022
Court ruling all but shuts down resort on west end of Lake Five
Lake Five and the Whistlestop Retreat.
By CHRIS PETERSON
Editor | March 30, 2022 7:30 AM
Flathead County District Court Judge Amy Eddy issued an order Monday that both voids a major land use permit for a resort on Lake Five and orders the property owner to restore the land “to its previous unaltered condition,” which includes removing several buildings on the property.
The case stems from a suit filed by a group called Friends of Lake Five against Flathead County and the county commissioners.
The county granted Whistlestop Retreat owner Dr. Susie Dietz and the G&M Trust a major land use permit on Feb. 28, 2020 to turn a sleepy piece of property at the west end of Lake Five into a resort that Dietz would call the Whistlestop Retreat.
The county permit came after Dietz apparently started developing the property, without permits, after she bought it from the estate of James Sherwood in 2018.
The development came despite the fact that the access road to the property contained easement that specifically said it could not serve commercial development.
Dietz, according to court records, kept on developing the property — which was broken into two tracts — adding guest cabins, houses and docks on Lake Five.
Friends of Lake Five, seeing what was happening, in turn, filed suit.
Eddy castigated the county and Dietz in her ruling.
“This case provides a cautionary example of the dangers of developing property without a valid permit to do so—conduct which is driving time consuming and expensive litigation before the courts,” Eddy wrote. “While Ms. Dietz testified she developed the property in good faith ignorance of the various regulations, this is not the first time Ms. Dietz has developed property — both in Canada and Montana — for his exact purpose. The Court is unconvinced Ms. Deitz thought she could develop a 70-person capacity commercial resort without legal access, permits for building or septic, or in consideration of lakeshore protection. This conclusion is supported by Ms. Dietz’s lack of communication with regulatory agencies during the permitting process, continuing to develop the property without a permit after she was on notice she needed one, and then continuing to develop the property beyond the scope of the permit which was obtained. The ‘ask for forgiveness instead of permission approach,’ which can be fostered by a regulatory review process that is primarily complaint driven, is not legally sufficient in this matter.”
The county attorney’s office declined to comment on the case. Dietz could not be immediately reached for comment.
Dietz and her staff have been advertising the resort on Facebook and vacation rental sites.
On Airbnb it lists for $1,800 a night.
But Eddy has ordered that several of the structures Dietz has put up over the years be removed and any new construction by halted immediately.
“All construction on the property, in or out of the lakeshore zone, shall cease immediately. G&M Trust shall restore the property to its previous unaltered condition, and, to that end, shall remove … the caboose; the fire tower, and the swim docks and restore the lakeshore by removal of the ‘fire hydrant pad’ and restoration of the walking trail,” Eddy wrote in her order.
Eddy also ordered that developments on what was known as tract 2 “be restored to their condition at purchase by the G&M Trust, other than repair work that does not require a permit.”
In addition, unless Dietz can get permits again from Flathead County, she must not use the property for commercial uses.
“The court hereby grants a permanent injunction preventing construction or expansion of use or conversion of the property to commercial uses, including but not limited to, overnight vacation resort accommodations, absent G&M Trust or its successors obtaining legal access and compliance with all State and local regulation, including Canyon Area Land Use Regulatory system regulations, Flathead County Lakeshore Regulations, and Flathead County Zoning regulations,” Eddy ordered.
The court also ordered the county to pay Friends of Lake Five’s attorney’s fees in the case.
https://hungryhorsenews.com/news/2022/mar/30/court-ruling-all-shuts-down-resort-west-end-lake-f/
August 17, 2020
On Monday, August 10, Flathead County District Court Judge Amy Eddy granted The Friends of Lake Five, Inc.’s Application for Preliminary Injunction in Cause No. DV-20-306(A). This decision reads as follows:
ORDER
The parties are disputing whether a major change in use may issue allowing new construction under the Permit. The status quo prior to the Permit was no change of use could be made because of zoning and plat restriction on the property. The Court hereby GRANTS the Plaintiff’s Application for Preliminary Injunction holding the County Permit approval in abeyance to maintain status quo pending completion of the litigation.
We are waiting to see with great anticipation how the County will handle this decision. The situation is very fluid, and we will continue to post updates as the matter develops.
If you want to keep track of what is happening with the lawsuit or read the full injunction. You will need the following information:
Cause No. DV-15-2020-306
or
The Friends of Lake Five, Inc. Plaintiffs
vs.
Flathead County Commission, and Flathead County, Montana, Defendants
You can call the District Court at 406-758-5870 and request any of the documents filed in this case. They will email you the document for 10 cents per page or copy and send the document to you for 25 cents per page.
You can also visit the District Court on the 3rd floor of the Justice Center in Kalispell, and they have public computers where you can view any court case and access any of the filings. If you would like a document the staff will help you print, or they will email you the document. The District Court staff is extremely helpful.
Today is a GOOD DAY! We FLFI board members are certainly pleased to have received a positive ruling from the judge in case of this injunction.
Jean McDonald-Pinski: FLFI President
The Latest news…
March 30, 2022
Court ruling all but shuts down resort on west end of Lake Five
Lake Five and the Whistlestop Retreat.
By CHRIS PETERSON
Editor | March 30, 2022 7:30 AM
Flathead County District Court Judge Amy Eddy issued an order Monday that both voids a major land use permit for a resort on Lake Five and orders the property owner to restore the land “to its previous unaltered condition,” which includes removing several buildings on the property.
The case stems from a suit filed by a group called Friends of Lake Five against Flathead County and the county commissioners.
The county granted Whistlestop Retreat owner Dr. Susie Dietz and the G&M Trust a major land use permit on Feb. 28, 2020 to turn a sleepy piece of property at the west end of Lake Five into a resort that Dietz would call the Whistlestop Retreat.
The county permit came after Dietz apparently started developing the property, without permits, after she bought it from the estate of James Sherwood in 2018.
The development came despite the fact that the access road to the property contained easement that specifically said it could not serve commercial development.
Dietz, according to court records, kept on developing the property — which was broken into two tracts — adding guest cabins, houses and docks on Lake Five.
Friends of Lake Five, seeing what was happening, in turn, filed suit.
Eddy castigated the county and Dietz in her ruling.
“This case provides a cautionary example of the dangers of developing property without a valid permit to do so—conduct which is driving time consuming and expensive litigation before the courts,” Eddy wrote. “While Ms. Dietz testified she developed the property in good faith ignorance of the various regulations, this is not the first time Ms. Dietz has developed property — both in Canada and Montana — for his exact purpose. The Court is unconvinced Ms. Deitz thought she could develop a 70-person capacity commercial resort without legal access, permits for building or septic, or in consideration of lakeshore protection. This conclusion is supported by Ms. Dietz’s lack of communication with regulatory agencies during the permitting process, continuing to develop the property without a permit after she was on notice she needed one, and then continuing to develop the property beyond the scope of the permit which was obtained. The ‘ask for forgiveness instead of permission approach,’ which can be fostered by a regulatory review process that is primarily complaint driven, is not legally sufficient in this matter.”
The county attorney’s office declined to comment on the case. Dietz could not be immediately reached for comment.
Dietz and her staff have been advertising the resort on Facebook and vacation rental sites.
On Airbnb it lists for $1,800 a night.
But Eddy has ordered that several of the structures Dietz has put up over the years be removed and any new construction by halted immediately.
“All construction on the property, in or out of the lakeshore zone, shall cease immediately. G&M Trust shall restore the property to its previous unaltered condition, and, to that end, shall remove … the caboose; the fire tower, and the swim docks and restore the lakeshore by removal of the ‘fire hydrant pad’ and restoration of the walking trail,” Eddy wrote in her order.
Eddy also ordered that developments on what was known as tract 2 “be restored to their condition at purchase by the G&M Trust, other than repair work that does not require a permit.”
In addition, unless Dietz can get permits again from Flathead County, she must not use the property for commercial uses.
“The court hereby grants a permanent injunction preventing construction or expansion of use or conversion of the property to commercial uses, including but not limited to, overnight vacation resort accommodations, absent G&M Trust or its successors obtaining legal access and compliance with all State and local regulation, including Canyon Area Land Use Regulatory system regulations, Flathead County Lakeshore Regulations, and Flathead County Zoning regulations,” Eddy ordered.
The court also ordered the county to pay Friends of Lake Five’s attorney’s fees in the case.
https://hungryhorsenews.com/news/2022/mar/30/court-ruling-all-shuts-down-resort-west-end-lake-f/
August 17, 2020
On Monday, August 10, Flathead County District Court Judge Amy Eddy granted The Friends of Lake Five, Inc.’s Application for Preliminary Injunction in Cause No. DV-20-306(A). This decision reads as follows:
ORDER
The parties are disputing whether a major change in use may issue allowing new construction under the Permit. The status quo prior to the Permit was no change of use could be made because of zoning and plat restriction on the property. The Court hereby GRANTS the Plaintiff’s Application for Preliminary Injunction holding the County Permit approval in abeyance to maintain status quo pending completion of the litigation.
We are waiting to see with great anticipation how the County will handle this decision. The situation is very fluid, and we will continue to post updates as the matter develops.
If you want to keep track of what is happening with the lawsuit or read the full injunction. You will need the following information:
Cause No. DV-15-2020-306
or
The Friends of Lake Five, Inc. Plaintiffs
vs.
Flathead County Commission, and Flathead County, Montana, Defendants
You can call the District Court at 406-758-5870 and request any of the documents filed in this case. They will email you the document for 10 cents per page or copy and send the document to you for 25 cents per page.
You can also visit the District Court on the 3rd floor of the Justice Center in Kalispell, and they have public computers where you can view any court case and access any of the filings. If you would like a document the staff will help you print, or they will email you the document. The District Court staff is extremely helpful.
Today is a GOOD DAY! We FLFI board members are certainly pleased to have received a positive ruling from the judge in case of this injunction.
Jean McDonald-Pinski: FLFI President
FLFI Public Meeting
August 08, 2020
Some 30 area Lake Five residents gathered August 8 at the Lake Five Resort to hear the president of Friends of Lake Five, Inc. (FLFI), Jean McDonald Pinski, describe her vision for the group.
Jean explained her history on Lake Five and why she started FLFI, hoping it will continue on to ensure continued good water quality, environmental protection and fair, respectful handling from government agencies.
She told the gatherers about the current programs undertaken by FLFI: a water quality testing program under the guidance of the Whitefish Lake Institute and the affiliation with the Montana Loon Society. She requested all in attendance to search for and report loon nest sightings.
Jean discussed the appeal filed in District Court by FLFI which challenges the county commissioner’s decision to grant Whistle Stop Retreat on Lake Five a major land use permit to establish ten short-term rental cabins, barn, outbuildings, two pavilions and two RV pads. This increase in lodging could bring approximately 70 people and 55 cars daily to that small portion of the lakeshore. The commissioners ruled in favor of the Whistle Stop Retreat request, saying this development would be considered “residential” rather than “commercial.” The appeal claims that the county commissioners violated development regulations for rural areas in the Middle Canyon region of Flathead County, which were established by CALURS (Canyon Area Land Use Regulatory System); plus violating the county’s own rules and the state of Montana’s rules about open public meetings.
FLFI also has filed an injunction asking the court to stop the county’s decision until the Appeal had been decides upon.
This gathering was the first general meeting of FLFI to introduce residents to FLFI. Jean told the attendees about the group’s website and asked all to visit it for updates and activities of the group. She also asked for volunteers to assist in the activities of FLFI.
Why we need Friends of Lake Five, Inc.
1. Flathead County is still a rural county following rules established years ago when the population was very small. If you live most of the year in an urban area outside of Flathead County you are probably accustomed to zoning regulations, building permits. strict development pros and cons. However, Flathead County can be considered a growth or development area which Is In the process of making the conversion from rural regulation to more urban regulation and development. So, you may be expecting rules to be in place in this county which have not yet been established. Flathead County does have a Planning Department which is supposed to follow those county rules and regulations that do exist. This department has wide latitude for interpretation of the county's rules and regulations. The county also has a number of "advisory" boards that look at the same issues and provide the Planning Department with recommendations. The Planning Department does not have to follow the local advisory board recommendations. The local advisory board in the Lake Five area is called The Middle Canyon Land Use Advisory Committee. It is a hard-working, active committee.
2. In 2018, 23 acres of property on the north side of the lake were purchased by Dr. Susie Dietz of Anchorage, AK; in 2019 she proposed developing her property into a VRBO called Whistle Stop Retreat (WSR). She proposed building ten cabins, two RV pads, a couple of pavilions—all for use by short-term renters. She advertised that renters could also bring horses, dogs and other friends. She moved and added docks; she began building two new residences. In 2019, the Middle Canyon Land Use Advisory Committee met to consider her permit application and recommended denial based on the following concerns: egress, easements, watershed, clustering business communities, critical wildlife corridor, wetlands, septic, and the historic nature of the area. After a public hearing where many (approximately 40) persons cited reasons for denying this development plus the submission of many written objections, the Planning Board ignored the Middle Canyon advisory group's recommendation and recommended approval of a change in land use. A month later the county commissioners met and also approved the application. Their decision concluded that the proposed development would be a residential, not a commercial, development. When this decision was made by the commissioners in March 2020, the existing property housed 16 persons; the approved proposal allows adding 54 more people into the existing and proposed new buildings plus building an undisclosed number of other support buildings (such as barn, storage building, etc.). This project is described in an excellent article in the Hungry Horse News dated May 20. 2020.
3. Several Lake Five families, led by Jean McDonald Pinski, followed the proceedings with Increasing alarm as development progressed with little follow-up or enforcement; in addition, after-the-fact applications for permits were allowed. The other Issues of concern include the water quality of the lake, wildlife habitat, and the historic use of Lake Five and its environs. We expect other attempts to increase development on Lake Five beyond its historic residential/agricultural use may soon be happening.
4. These same families also formed, in the spring of 2020, a non-profit corporation called Friends of Lake Five, Inc. (FLFI) and are currently appealing the County Commissioners' decision to allow the major land use change. This legal appeal declares that because the county commissioners did not follow their own rules, regulations, and procedures plus Montana law regarding open meeting violations, their decision to grant the major land use change is invalid and must be voided. FLFI has also requested a preliminary injunction during the action. Although this injunction-if passed- will influence WSR, WSR is not a party to this action nor will the court's order directly command anything from WSR. The county is the subject of the suit and order. The judge has not yet ruled on this injunction.
5. Friends of Lake Five, Inc. offers to the public (which includes neighbors, visitors and residents) the opportunity to stay on top of what is happening at Lake Five. We believe that this organization can monitor the various public and private entities working on the environmental issues and legal developments that will have an impact on Lake Five. We have created a website, Instagram, and a Facebook page to keep information
current. We need volunteers to help on an ongoing basis, although most chores will not involve a lot of time,
6. Please help us fund future expenses as we monitor the lake and its surroundings. You may send us a check—our mailing address is Box 74, West Glacier, Montana 59936—or donate via the web site.
7. Contact us at friendsoflakefive@qmail.com
President: Jean McDonald Pinski
Vice President: Roberta Boylan
Secretary/Treasurer: Susan Taleff
Communications: Michele Selk
Technical Support: Megan Wiberg