Silver Springs Lakes
Silver Springs Lakes
| “A pond is a body of water smaller than a lake... The upper area limits of a pond—and so the lower area limits of lakes—vary considerably between 2 hectares (~5 acres, 20,000 square meters) to 8 hectares (19.768 acres, 80,000 m2)…the now widely adopted definition of a pond is ‘A man-made or natural water body which is between 1 m2 and 2 hectares (~5 acres or 20,000 m²) in area, which holds water for four months of the year or more’”— from Wikipedia. |
Silver Willow Lake is recorded as 20.84 acres.
Silver Willow Pond is recorded as 5.24 acres.
Silver Minnow Pond is 0.367 acre on Silver Meadow subdivision common area.
There is a very small private pond on Lot SLS-C-173
| Silver Springs circa 1980 - First Homes built 1979, before lakes were dredged c. 1982 - The Upper and Lower Ponds are beginning to be dredged, seven or eight artesian springs are located in the large lake bed. The irrigation system is started in Phase 1A and the pump house is located on Parcel “H”. |
Silver Willow Pond (6510 feet above sea level) and Silver Willow Lake (6480′ ft above sea level)
Note that Silver Meadows Townhouses, Quail Meadows Condos
and Willow Bend Village are in photo.
The north side (right side) of both lakes shows the built up areas now known as the “dams”
= NorthShore Lots 1-12 and SouthShore Lots 1-13.
c. 1988 EMERGENCY ACTION PLAN - Silver Creek (Springs) Ponds
| Waterways in Silver Springs c. 1994 - Silver Willow Lake on top, Silver Willow Pond in middle, Silver Minnow Pond bottom right (amidst Meadow Spring and Silver Meadows). These lakes are unique as they are among the few in the United States that are man-made and in private ownership. Others are Fishhawk Lake in Oregon, a lake in Wyoming….managed by Galen “Buck” Buchenroth . International man-made lakes include: Keukenhof, Netherlands |
See Silver Springs Dams webpage.
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CORRESPONDENCE WITH THE UTAH DIVISION OF WATER RIGHTS Utah Administrative Code… is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules Title R655 Natural Resources
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Shown above in yellow are 15′ to 25′ foot wide “Enjoyment Easements” around Lakes
that are either fee titled to Silver Springs Development Inc. during the late 1970’s
or else are unowned easements perhaps deeded to Silver Springs Association in the 1980’s.
- drawing c. 1980 by J.J.Johnson Engineering.
Silver Willow Pond and Silver Willow Lake to provide Enjoyment Easement
for use by all residents of Silver Springs Community
Yellow areas are route of original Community Enjoyment Easement and access to waterways
- Pink area is 2/3 of Community Park
1983 - HOA member big lake shore access = 4,221.71 linear feet X 15′ wide
1991 - HOA member big lake shore access at community park
= 443′ linear feet plus west shore
| Summit County Property taxes for the ground from the back lot lines of the lake view lots, all the way underneath the lakes, then up to the opposing bank lot lines, is prorated to all Silver Springs Community residents on their annual Property Tax bills. The Enjoyment Easement is between 15′ to 25′ wide, and around the entire perimeter of the Lakes. |
INTENDED LAKE USE AND ACCESSOn July 9, 1981 the attorneys for SSD, SSI, Dale Perkins, Mike Hardman, Jim Webster, George Triggs, Roland Palmer and Dick Pearce wrote a File Memorandum regarding the Silver Springs Water Distribution System and this description, “Silver Willow Lake - is a medium size irrigation storage, flood control and aesthetic feature downstream from Silver Willow pond”. Quote: “Silver Springs Water Company will own and control the lake and surrounding recreation facilities. All use of the lake will be dependent on regulations and use agreements between the Homeowners Associations and Silver Springs Water Company…. Each pond and the lake are owned and controlled by Silver Springs Water Company. A property line will be staked showing the buffer area [Enjoyment Easement] around the lake and ponds (approx. 25ft.) and on either side of each water course. Silver Springs Water Co. owns and controls each pond, the lake, each water course and surrounding lands. In the townhouse common areas and the commercial area, Silver Springs Water Company will contract with the Homeowners Association for maintenance of the buffer areas around the ponds and the water courses. Silver Springs Water Company will be responsible for landscaping and maintenance of water course areas through the common area around Silver Willow Lake, through the single residence subdivision and adjacent to the State Highway.”….End Quote. 1981 - November 10 - Summit County Planning Commission Meeting Minutes. Silver Springs Development Project Master Plan Amendment - Request for approval of sidewalk/pedestrian plan and increased density and 26 acre open space for public park. ” The park could contain various recreational facilities along with the use of the lake where water activities (other than swimming) could take place. The long narrow strip (six miles) along the highway could be utilized as a bicycle and jogging area. The pathway connects the elementary school with the more active area of the park.”…”Stan Strebel stated there is the potential conflict between the public and the homeowners along the lakefront (lake view lots)…The water company would have to regulate the land use and restrictions.”
When Silver Springs was first platted and developed the HOA membership had access to the approximate 4,222 feet perimeter of the SS Large Lake (Lower Pond Parcel F Silver Willow Lake) through Parcels H, I, J, K, L, Q, R, S. (See drawing above). Lower refers to the lower elevation of the big lake, though it is north of the smaller lake it is “downhill” from the smaller lake. Stream flow is from the Upper Pond (small lake) to the Lower Pond (large lake). All homeowners had the right to walk the entire perimeter of Silver Wilow Lake (Lower Pond on plat) and the stream paths to enjoy the man-made amenity and the flow source in our subdivision. The original homeowners made their decision to buy in Silver Springs with these waterway features in mind. As homeowners moved into homes being built around the lake they added boat docks, ramps, etc. for their private use, though their property lines ended approximately twenty feet short of the waterline. The registered owner of the lake, Silver Springs Water Co., was concerned about the liability issues involved with safety, and water quality for swimming and other water sports being participated in by the perimeter residents (which now also includes ice skating and hockey). Many concerns existed on the appropriate and legal use of the “Lower Pond”. In the mid-1980’s Jan’s Sports taught wind-surfing on the “Lower Pond”. On one occasion over fourteen wind-surfers were skimming on its surface. (Does anyone have pictures? Bonnie?) |
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Recorded in the 1979, 1982, 1994 CCRs. PROPERTY RIGHTS IN THE COMMON AREAS Section 1. Members’ Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the common area, if any, and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a) The right of the Association to establish uniform rules and regulations pertaining to the use of the common area including but not limited to private streets and the recreational facilities thereof. (b) The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the common area and facilities and to aid thereof, to mortgage said property, provided that the rights of any mortgagee shall be subordinate to the rights of the members. (c) The right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority or utility for such purposes and subject such conditions as may be agreed to by the [general] members. No such dedication or transfer shall be effective unless a written instrument pursuant to a two-thirds majority vote of those present at a meeting for this purpose that has been duly called of members including proxies who are entitled to vote has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than ten (10) days in advance. However, the Declarant reserves the right to grant easements over any part of the common area or any other designated utility easement areas for utility purposes. |
American Savings July 1985 Silver Springs Waterway and Access
Parcels Plat. Several owners went into bankruptcy.
Am. Savings took over parcels belonging to InSource, Hazelwood, and others.
Robert Larsen and Silver Springs Water Co. maintained the water rights.
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SS Water Company manager Lynn Stevens assured the homeowners and the Homeowners Board that the S.S. Water Co. would always allow the 15′ to 25′ buffer zone at the perimeter of the lake to be used as a right-of-way and “Enjoyment Easement” for use by all the HOA members.
In 1986 Bill Ligety, a lake view owner SLS-193, headed an HOA committee to limit access by outsiders to the lake perimeter therefore HOA members were to carry a S.S.Lake Use I.D. card whenever they used the “Enjoyment Easement” around Silver Willow Lake. |
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1988 - June - Silver Springs Water Company Newsletter written by Lynn Stevens, Manager.
1988 - June 21 - Letter to American Savings regarding lake access and park development.
1988 Bill Ligety (Lot 193) and a committee of lake perimeter property owners retained an attorney to assert their sole rights to the lake view property Enjoyment Easement. Sometime during this procedure the lake access Parcel K next to Lot 193 and beach Parcel I west and contiguous to Lots 47, 48, 49 were absorbed into these respective lots. Park Place Lot 44 inadvertently may have absorbed Parcel B or 8. This action resulted in the HOA General Membership losing its right of access (a prescriptive easement) to the perimeter of the Silver Willow Lake, and limiting the general access to 443 shoreline feet of Parcel H (now the Silver Springs playground park area), to a sliver of Parcel J (on the west side of Park Place), and to the berm and pump house Parcel R (a portion which possibly may belong to Mountain Regional Water Company).Parcel K aka Tax I.D. Parcel Number PP-98-A-2-A Entry 00298852 Book 497 Page 280 Recorded on October 17, 1988 was deeded by American Savings & Loan to Wiliam C. Ligety and Cynthia Sharp.
In 1989 the developers of SouthShore received from the Silver Springs Water Company the exclusive rights, use and access to the Silver Willow Pond, a.k.a. Little Lake, via a Private Enjoyment Easement Agreement. The 1991 recorded SouthShore plat reveals that the Little Lake is for the exclusive use of the Water Company and the lake view properties. The deed to the easement property was never transferred from SSD’s name as the first owners around the 1970’s.
1991 South Shore Plat A - shows the Silver Willow Pond a.k.a. Upper Pond, survey parameters with the “Private Enjoyment Easement” around the entire perimeter. An Agreement dated August 1989 gives “purchasers of residential lots bordering the Silver Springs ponds (the “Lakeview lots”) the exclusive private enjoyment of the Shoreline Property adjoining their respective Lakeview lot.” At the top of this plat (east section) are the six lots belonging to Silver Springs at Little Lake subdivision. The Lloyd Ross pocket park on the west side is the only point where the MHOA Members have limited access to the Upper Pond aka Silver Willow Pond.
SouthShore at Silver Springs 1991 Plat
25 Houses on perimeter of Little Lake - Pocket Park is part of the Private Enjoyment Easement.
2003 Aerial of Silver Willow Lake perimeter -29 lake view houses
| 2000 - December - Water Committee: Ralph Stanislaw - Park Place Ron Duyker - South Shore Matt Lindon - Silver Springs Brodie Pollard - Silver Springs Mike Washington - North Shore Jaylene Chandler - Sun Peak Chuck Hollingshead -Sun Peak Ron Lockhart - Sun Peak Craig Smith & Brett Rich - Attorneys from Neilson & Senior 2001- March 19 - MAHOA Minutes state: “Our ponds will be part of the Mt. Regional transaction. There will be a separate hearing to transfer the lakes from Mr. Robert Larsen to the Master HOA. The Masters will aggressively move to clean-up the lakes. There is a water hearing at Parley’s Park March 22, at 6:30 PM…” 2002 - December 11 - Silver Springs Water Company deeded over PP-98-A-1–A, PP-98-A-6 (Upper Pond or Small Lake), PP-98-A-10 (Lower Pond or Large Lake) to Mountain Regional Water Special Service District. 2003 - Mountain Regional Water Special Service District provided a Ponds Remediation Plan indicating the condition of the lakes and equipment, and what they would do before transferring the lakes to the Master HOA. Rather than commencing the work on the Remediation Plan, Summit County issued a check for $32,000 to the Silver Springs Master Association if they would take the lakes “as is”. The cost to raise the Lower Pond up to the standards of the plan became five times more than the settlement amount, plus hundreds of hours of work by Silver Springs volunteers. 2003 - May 19 - Lake Update - “Lake Lease Agreement: Ron Duyker believes that Mt. Regional wants to charge for the use of lakes and streams. This agreement will not be signed. Ron suggested that we reform a lake committee but this time with primarily lake front owners. He thinks that the lake front property owners benefit the most from the lakes. Ron proposed that the Masters pays what frontage we own to the lakes and that lake front owners pay based on their frontage as well.” 2004 - The Homeowners were still in shock about losing their Enjoyment Easement around Silver Willow Lake and the common area access parcels. The HOA Association desired both legal title and beneficial use and member access to the water amenities of the property that encompasses the two Lakes and property with subsequent minor holding ponds and streams, together with the dams more particularly described in Exhibit A, formerly owned by the Silver Springs Water Company. The Mountain Regional Water Company wanted to have the Association assume the responsibility for ownership and maintenance of the Lakes; and reserve the future opportunity to store the District’s water in the Lakes for any future irrigation system of the District. also Mountain Regional and Summit County desired to use the water in the Lakes for fire protection purposes; and at the same time attempt to settle all claims regarding the transfer of the Lakes to the Association, etc. The Board feels that since Mountain Regional uses the HOA land upon which it stores its water that Mountain Regional should be assessed for insurance and maintenance costs. (See April 18, 2005 Minutes.) The previous owners of the lakes since they were dredged, namely Robert Larsen, SSD Inc, Silver Springs Water Company, Mountain Regional, etc., had performed very little to no maintenance on the lakes since inception around 1980. At the time the lakes were offered to the MA in 2004 they had become “basically cesspools” (a little harsh but you get the idea). The shallowness of the water, the geography and ecology of the land, and the insignificant flow through of stream waters had taken a toll on water quality. The MA made the decision that they did not want anyone else to have control of these lakes even if “they were two mud holes” in the center of our Community. Feeling strongly about this, but without General Member notification or vote, and without the consensus of all the individual HOA boards, the MA president made his decision. The State Engineer provided an “Inspection and Maintenance Form for Silver Springs Ponds” for use by the MA trustees. 2004 - June 23 - Silver Springs Master Homeowners Association, a non-profit corporation, and the Mountain Regional Water Special Service District of Summit County entered into the Lake Conveyance and Water Supply Agreement. The only signatures on this document are those of Richard Anthony Sands, then president of the Silver Springs Master Homeowners Association and Ken E. Woolstenhulme, the Chairman of the Governing Board of Mountain Regional Special Service District. There are no records found indicating that this agreement went to the vote of the Silver Springs Master Association General Membership at an annual meeting. The MA is being run as a corporation as it has not finalized Bylaws or other authority. Mountain Regional Water had hired an assessment report on the Silver Springs lakes to be completed prior to the conveyance agreement. The Klinefelder Engineering firm performed quite an extensive study on the condition of these lakes. The report established that much work was needed to be completed to bring the lakes up to State standards. Mountain Regional offered the MHOA a $32,000 check if the MHOA would assume the responsibility for ownership, repair, and maintenance of the Lakes. |
| 2004 - July 14 - Mountain Regional Water deeded over the Silver Willow Lake (PP-98-A-10 Lower Pond aka Large Lake) and Silver Willow Pond (PP-98-A-6 Upper Pond aka Small Lake) to the Silver Springs Master Homeowners Association and was accepted under the signature of one member of the Master Association Board. The 508 General Members of the Master Association were not informed or consulted, neither was a vote solicited nor received whether the General Membership wanted to accept the Lakes or their maintenance or their liabilities. There were a number of General Members who felt the General Membership would not benefit sufficiently from this transaction. Some felt the lakes should have been deeded to the respective lake view property owners, as they benefit directly. The small lake has a “Private Enjoyment Easement” which precludes its access or use by the General Master Association Members, and the large lake, at the request of the lake view owners, has had its access parcels closed and the “Enjoyment Easement” reduced to the central Park beach area.
With this Conveyance Agreement (was never recorded though it is available at the office of the Summit County Clerk), the MA assessed what the responsibilities entailed. The Klinefelder Report had warned of liabilities if the dams, baffles, gates, and soundness of the outlets were to fail and individual homeowner properties were damaged or destroyed. The condition of the lakes and their infrastructures was very poor. It should be noted that the lakes are pretty stagnant bodies of water except at the inlet and outlet streams in the spring. There are no motorized vehicles nor rapid water flow therefore there are no waves beating against the dams. See location of Silver Springs dams. |
| 2005 - Spring - The Utah Association of Conservation Districts - Upper Weber River Watershed Coordinator, Lee P. Duncan sent a letter to the Silver Springs Master Homeowners Association. The contact was regarding concern with the water quality of the Upper and Lower Silver Springs Lakes. Spring Creek flows into and out of these lakes and is one of the main tributaries to East Canyon Creek. After testing it was found that our lakes contained 3 to 5 times the state standard for phosphorous and low dissolved oxygen.The Master HOA then began to study the Klinefelder report and the lakes themselves. The Duncan letter was a renewed wake up call regarding the responsibility that had been undertaken as the newly titled owners of these bodies of water (Mountain Regional reserved the water rights to themselves so the water belongs to them. The MHOA actually owns only the ground and the responsibility for what happens as a result of the water), was the MHOA used to off-load a problem the County no longer wanted to be harnassed with? Who negotiated the terms? A plan titled 2005 Goldfish Take Over Silver Springs Lakes was set upon and presented to the County Commission. It seems that the Lake Committee’s plan may have been presented to the MHOA Trustees but the General Membership was not solicited for a vote. Later some subdivisions sent property owners a notice of work that was to commence. The MHOA board, again without a general membership meeting, input or vote, decided to assess each of the 508 properties a special assessment of $220 per Living Unit, in addition to the newly assessed annual fees of $175 per Living Unit, in order to make the necessary repairs on the lake equipment and water quality issues. 2005 - January 21 - Anthony Sands, and attorney Dave Johnson, authored the unvoted upon, not implemented, not notarized, unrecorded 2005 Amendment to the Dev-HOA Agreement which stipulates that dues would be assessed for common area costs as follows: [The 2005 Amendment should be amended to reflect one of two proposals which should be presented to the General Membership: First Proposal (based on number of users): Lake view lots are to pay ten times the amount that non-lakeview lots or condos pay, this ratio comes from the fact that 50 lake view properties (1/10) directly benefit, whereas the other 454 properties also pay the lake assessments with greatly restricted benefits or access. (According to the Summit County Assessor the only properties that truly benefit from the lake are those that live on its boundary. For example, the Park Place house not on the lake at Lot 35 is listed at $799,000. The Park Place house across the street on the lake, Lot 40 is listed at $1,595,900.) Second Proposal (based on access perimeter) states that the Silver Willow Lake lake view owners pay 4/5 of the lake costs, the remaining General Membership pay 1/5 of the lake costs. Based on the 80/20 ratio of access available, Parcel H 443 ft + Parcel R & J 470 ft. of the approx. 4300 ft lake perimeter. Additionally, the Silver Willow Pond lakeview owners are to pay 100% of the costs for that lake since the little lake, aka the Upper Pond, is privately owned by the SouthShore residents and includes a “Private Enjoyment Easement” excluding the General Membership of access or use of the Silver Springs Community from the Silver Willow Pond, aka the Upper Lake.] |
| 2005 - April 18 - SSMHOA Newsletter : “Lake Agreement - Silver Springs Masters HOA finally has ownership of the lakes. Well technically speaking we do not really own the water but we do own the ground under the water. For those of you new to the area this is the short version of the lakes. Silver Springs water company owned the ground the lakes are on and every so often they would make claims that they were going to drain the lakes and build condo’s on them. When Silver Springs Water was bought out by Mountain Regional Water the lakes were going to be given to the Masters. This did not happen until last summer with the help of Eric Fraleigh and Les Carriel and Summit County Commissioner Bob Richer. We are currently working on long and short term goals for our lakes to ensure their future.”2005 - May 18 - Letter to Lake Front Property Owners from Anthony Sands, President of the SSMHOA: “As I am sure you all know, the private property owners on the lakes do not own the property that contains the lakes, or the lakeshore. The lots in different subdivisions have different setbacks from the lakes. In all cases however, the Master Association owns the ground under the water and the lakeshore going up the dam to include the crest of the dam.” [NorthShore lots 1-4 and 6-12, Park Place lots 38-44, Silver Springs lots 47-49 and 193-199, and SouthShore lots 1-11 and 50-60 and LL-SLS lots 1-4 surround the Little Lake, of these however NorthShore lots 1-4 and 6-12 and SouthShore Lots 1-11 back lot property are the dam itself.]
2005 - September 8 -(see bottom of minutes page) Master Association General Membership meeting held at Parley’s Park Elementary School. It appears that five members of the MA Board attended as part of the total of 44 people present. A majority (50%) would have been 253, a General Membership quorum would have been 336 (66 2/3). Most of the attendees were lake view owners. No proxies were solicited or collected. Jerry Romero addressed the group assembled to report when the Snyderville Basin Water Reclamation District (”sewer district”) would allow the lake to be drained; “Gaylynn Mooney went through her presentation” and the lake committee’s recommendations were received favorably by this small group. The Proposed Budget for the total work was to cost $38,780. (See MA August 10, 2005 Minutes, at end of page are the September 8, 2005 Minutes.) 2005 - September 14 - See Sept. 14, 2005 MA Board Minutes, and October 24, 2005 Minutes, and.2005 October 15 to November 10 - Lake Remediation Clean-up Schedule.2006 - June 18 — James L. Cross Marine Projects Consulting Company of American Fork, Utah offered a fixed bid of $110,000 to perform lake repair work recommended by Klinefelder engineering firm hired by Mountain Regional Water and Summit County. - our MA spent over $145,000 to drain and clean the large lake. Hundreds of resident volunteer hours were donated to complete the work..What the MHOA Board budgeted and spent for Lake maintenance and clean-up: 2005: $34,597.17; Charlie Thompson was hired to apply Rotenone to kill the fish, total cost approx. $5,500 2006: $115,658 from a Special Assessment to the MHOA membership of $69,525 2007: $24, 405; Galen “Buck” Buchenroth of Jackson Hole, Wyoming was hired at $8,000 to assist with catching trout and overseeing the installation of the aerators. 2007-2008: Proposed $90,000. for the Small Lake. 2005-7 - Master Association spent $145,000 to repair lake gates and dams, to eradicate goldfish, and to improve water quality, in the lower pond/large Silver Willow Lake. This expenditure was not voted upon nor approved during a General Membership meeting of the approximate 504 owners as specified by the Bylaws. The Master Association’s primary function is to care for common areas. It is a concern that the newly transferred lakes were in such great need of repairs and clean-up, the Klinefelder Lake Report had provided a list of items that needed to be repaired. A further concern that the MA Board might not have followed the MA Bylaws and probably did not request input and a vote from the General Membership for the assessments requested by the Board of Trustees. A submersed, rooted, perennial herb. In nutrient-rich lakes, Eurasian Watermilfoil forms thick stands of tangled stems and vegetative surface mats. It produces many whorled, finely divided leaves upon nearing the surface. The plant can interfere with recreational activities such as boating, fishing and swimming and can often crowd out important native plants. As with most invasive species, prevention is the best means of containment. Once Eurasian watermilfoil invades a body of water it is almost impossible to eradicate it. Herbicides and mechanical harvesting are often used to control infestations of watermilfoil. Another lake plant is Coon’s Tail - Ceratophyllum Demersum. |
Added PRIVATE PROPERTY verbiage to bottom of lake signs - 2009
SILVER WILLOW LAKE aka Lower Pond
Silver Willow Lake - with Mooney’s “Ice Rink” in 2006, 2007, 2008 - Photo courtesy of Rob Follett
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2008 - Master Association plans to spend around $90,000 to clean up the upper pond/Smaller Silver Springs Lake. This expenditure was not voted upon nor approved during a General Membership meeting of the approximate 504 owners as specified by the Bylaws. There are approximately 504 General Members in the Master Homeowners Association who all pay an assessment for the Lakes though the Silver Willow Lake-front access is now limited to ten homes from Silver Springs Single Family HOA, seven homes from Park Place and eleven homes from NorthShore, a total of 28 homes. The General Membership of the remaining 476 Living Units has access along 444′ via the central Park . It is believed that the Silver Willow Pond has been deeded “for the private and exclusive use” of its lake view owners, 25 or so, depending on how you define lake view access. (See map below.) If Silver Willow Pond is private property should the General Membership be asked to pay for its maintenance and insurance? Silver Springs SFHOA President Michael Winer, and several other MHOA members, are asking the question: If the lake view lot owners have taken the Enjoyment Easement from the General MA membership then shouldn’t they pay a much higher proportion (ten times = 29+ 25 out of 504 units) of the lake repair, maintenance and liability insurance? These expenses can be allocated by taking the actual linear footage of each lot along the lake perimeter and using it as a percentage of the whole perimeter then applying it to the cost of all lake expenses. Additionally access parcels, such as Parcel K, could be assessed by square footage. The individual assessments would be from the Master Association then passed through on individual HOA invoices to members by the individual HOAs, thus eliminating problems with individual subdivision HOA Bylaws. The market value of the lake view owners lots is twice that of the non-lake view owners. For instance, the home at PP Lot 35 is not on the lake, is listed at $799,000. The home at PP Lot 40 is on the lake listed for $1,595,900. Alternatively, and the preferred solution, would be to return the Enjoyment Easements to the General Membership, and the Lake costs could continue to be assessed equally to the 504 General Members. Or the lakes could be deeded to the lake view owners and the MHOA would contribute a use fee commensurate with actual General Member use. |
Silver Willow Lake, Silver Willow Pond, Silver Minnow Pond
Silver Springs Water Company had an artesian well on the west side of the Lower Pond at the pump house location. Silver Springs Developers have a 25 year lease on water shares from Weber Basin, at a lease rate of $5,000 per year for 190 water shares per Barry Golding Utah Water Division.
2008 Lake Treatment Summary - By Gaylynn Mooney
The Lake requires several different chemicals to be added once or several times a year in order to maintain a degree of clarity, decrease the foul smell each spring, keep the weeds from growing, etc. The budgeted amount varies from $4,000 to $7,000 for chemicals each year. Gaylynn said she measured the Silver Willow Lake and it is 16 acres. If it is recorded on the survey as 20.84 acres where are the other four acres?Pond Conservation is the national charity dedicated to creating and protecting ponds and the wildlife they support.
2008 - July 18 Conatser Case - Utah Judicial Law passed regarding access of waterways, diversions, rivers, streams, creeks, lakes (natural or impounded=man-made), etc. Allows the public lawful ingress and egress of all waterways. Water is a public resource in the State of Utah, therefore the public access is granted but must be via public easements only. Public allowed to float, and now touch the waterway bottoms.
WINTER IN SILVER SPRINGS
Center of Silver Willow Lake January 2009- with a one-quarter mile “Ice skating oval”
- Photo courtesy of Rob Follett
The U.S. Speed Skating Association created the oval to train on it for a future outdoor speed skating tournament. It is uncertain whether they received permission from the MHOA or a lake view property owner.
2009- September 15 — Unposted MHOA Meeting ….. Items Discussed:
—the lakes survey completed just prior to July 25, 2009 [the 4th survey - 1978, 1984, 1989, 2009],
—the condition of the new dams built in 2005 [warranted by Cross Marine for 20 years at cost of around $143,000 to MHOA Members],
—the State Water Engineers mandate to remove all trees [particularly aspen, willow, and cottonwood] from the perimeter of the lakes from the rip rap water line inland 25?. This mandate is understandable on or a measured distance from the dams themselves, it makes no sense, environmentally or esthetically, to remove trees from the perimeter of the Silver Willow Lake [lower lake, large lake, 20.84 acres], or from the perimeter of the Silver Willow Pond [upper lake, small lake, 5.24 acres].
2009 Lake/Waterways Chair Jim Harsch - “The survey of Master Association owned property around the two community lakes is now complete. As soon as the survey drawings can be verified against the numbered stakes in the ground which identify the property boundaries, stakes which are not needed for reference to potential property issues will be removed. Where a clear definition of the property lines is still needed, either the stakes will remain or will be replaced by a sprinkler flag until any issues are resolved. Due to the complexity and variety of property rights and state dam inspection criteria, the owner of each lot with a potential property issue will be addressed individually rather than as a group.”
2009 - Wednesday October 14 - MHOA held an unposted meeting at Parley’s Park Elementary School, 6:30 PM regarding the lake issues and the removal of trees on the dams as mandated by the State Engineer.
2009 - September - Lakes Emergency Action Plan was filed with the
State Water Engineer’s Office. Everett Taylor, Dam Safety at (801)538-7372.Emergency Action Plan Template for Silver Springs No. 1 (Silver Willow Lake)Emergency Action Plan Template for Silver Springs No. 2 (Silver Willow Pond) ORhttp://www.waterrights.utah.gov/cgi-bin/docview.exe?Folder
DAMEAPLN00560&Title=EmergencyUT000560 Correspondence with UDWR since May 1996
http://www.waterrights.utah.gov/cgi-bin/docview.exe?
Folder=DAMCORRS00560&
Title=Correspondence&Startup=0.9509428494612
2009 - Sept 8 - Fourth Survey of Lakes - by Bill Noland
As part of the continuing process of conducting due diligence on Master Association property, the land surrounding the upper and lower lakes was recently surveyed. The results of that survey are now on file and recorded with Summit County. Most of the survey stakes have been removed, with just a sprinkler flag or fluorescent ribbon tied to the cap-and-rebar marker left to identify the locations defining Master Association property for future reference.The survey revealed some unresolved issues regarding encroachment across property lines, private easement definition, and encroachment on the profile of the earthen dams impounding the two lakes. Due to the complexity and variable nature of these issues from lot to lot bordering the lakes, and in some cases off the lakes, the Master Association will contact and resolve any issues on a one-on-one, case-by-case basis with individual lot owners. There will soon begin an information process by which the Association membership will be brought up to date of the history of the lake issues at hand, and the relationship of the lake shore property around the two lakes owned by the Association since 2004, to that of the lake view lots which border the Master Association owned property.
2009 - Late October - the MHOA President met with SBSRD admin. During this meeting the Silver Willow Lake was offered for sale to the County Recreation District. The offer was rejected.2009 - November 17 - Quail Meadows II and Ptarmigan have removed their subdivisions from further participation with the MHOA, in part due to the issues surrounding the lakes. The Springs subdivision no longer participates in the MHOA, leaving only ten subdivisions on the board or to assess dues for lake expenses.
2010 - February 9 - Update on Condition of the Silver Springs Lakes. Natural Problems: - Man-made in 1980. Not naturally occurring bodies of water.
- Original intent was retention ponds for storm water storage and eventual subdivision irrigation system.
- Have become gathering pools for sludge, silt, road salt, and phosphorous and sulfur run-off.
-The cycle of plant growth and death (decomposition) create an excessive build up of plant growth nutrients, phosphorous and nitrogen.
-This nutrient rich environment becomes a haven for coon grass, milfoil, and various aquatic vegetation. As algae grows, blooms, and expires the huge algae blooms fed by the abundance of decomposing materials in the water, all this plant life provides an abundance of oxygen.
-The abundance of oxygen produced by these plants works to decrease the life and existence of beneficial trout we were used to seeing in our lakes in the 1980s and 1990s.
- As the trout and other beneficial fish population decreased there were no fish to eat the leeches, so the leech population exploded.
See How to Trap Leeches. You can use coffee cans or plastic buckets with holes punched all around the sides. Trout are nearly never spotted in our waterways during the last decade.Mechanical Solutions: - The most effective and “free” method of ridding the lakes of the cycle of plant growth and decomposition is to rake or pull the plants out of the lake. Removing the plants decreases oxygen production and the nutrients that result from plant cycles.
- Aerators are run on the Little Lake via electricity paid for by the MA. The Big Lake electricity is paid for by Mountain Regional.
-Last summer the east big lake drain structure was tampered with and lowered by 1″, during the winter ice built up and a leak was noted along the NorthShore outlet stream in January 2010. Cross Marine was called by a lake view owner to make the repair adjustment. Cross Marine provided divers to caulk the aerator leak and restore it to vertical position at a cost of $8,000 to the Members of the MA.Chemical Solutions: - Chemical weed control is quick and relatively easy, however the nutrients are not removed, decomposition still occurs, and the trout die.
- Aquathol, Aquatron, Aqua Blue, and Alpine Blue are some of the chemicals being added to the lakes.
- Aqua Blue is a dye that decreases the amount of sunlight that reaches the bottom of the lakes where plant growth occurs. The most effective time to apply this is in the spring but that is the time of year when run-through is the fastest and greatest from the inlet streams.
- Chemicals require many applications to be effective, “some are ridiculously expensive.”
- Timing of applications can be tricky, if not in conjunction with optimum conditions then the effect can be minimal.
- Application is time consuming and hard work for the ones who are charged with the responsibility.
- Annual MA budget for chemicals is around $8,000.Biological Solutions: - Aquathol is an aquatic herbicide being used in floating water-soluble packets of bacteria and enzymes for plant control.
- Last summer 12″ grass carp were introduced into the large lake. A number of them lived a few months before they floated, belly up, to the surface. The grass carp are considered more as preventers of plant growth than correctors. They grow to be 4′-6′ in length, growth is dependent on the size of their environment.
- Grass carp are different than the goldfish (also in the carp family) that populated the lakes before 2004 because grass carp have an extra set of DNA so cannot reproduce, where goldfish ate the trout eggs and also lay their own eggs every couple weeks, hatching in 48 to 72 hours.Lake Enhancements: - Adding rocks or gravel to the perimeter of the lakes or the bottom would be very costly. Environmentally and ecologically, wild flowers and grasses would work better.It is unsettling to make plans to enhance the lakes as the 2004 Lakes Conveyance Agreement provides that Mountain Regional retains the option to again use the lakes for water storage and fire suppression, and has the right to renegotiate the Agreement in the future.
2010 April - Silver Springs Homeowner recalls riding her bicycle in the area known as SouthShore around 1988 or so and remembers there was no Little Lake, at least not as it is today. The lake bed had not yet been filled in with water.
2010 April - Another Silver Springs Homeowner recalls when he was around 13 years old that he and his friend (who lived in Meadow Wild) had built a fort, with plywood and scrap lumber, in the meadow where the Little Lake later was to appear, against an embankment which now is filled in with water.
2010 April - Another Silver Springs Homeowner recalls when bulldozers pushed all the top soil from the Silver Springs phase that eventually became SouthShore, into a huge pile along the west edge of Silver Springs Drive. This top soil was sold off during the next 2 or 3 years by the developers and the land was subdivided into the six lots known as the “Little Lake homes at Silver Springs”. You may remember that the local children would sled down these snow covered piles in the winter.
2010 - April 22 - Lake view owners form a MA committee to make Rules for Lakes and Common Area use. Draft Rules and Committee.
D R A F T …………….A Work in progress……..
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