Lake Beulah Management Dist. v. State Department of Natural Resources
Wisconsin Supreme Court
335 Wis. 2d 47, 799 N.W.2d 73 (2011)
- Written by Curtis Parvin, JD
Facts
The Village of Troy, Wisconsin (the village) (defendant) applied for a permit to drill and operate a high-capacity municipal well near Lake Beulah. The Lake Beulah Management District and the Lake Beulah Protective and Improvement Association (collectively, the conservancies) (plaintiffs) opposed the application, claiming the well would adversely impact the lake because the groundwater the village proposed to pump allegedly fed and helped maintain the lake. They argued that the public-trust doctrine—the protection and preservation of navigable waters for public use—and Wisconsin’s statutory law obligated the State Department of Natural Resources (defendant) to analyze the well’s impact. They contended that the analysis would conclude that the department should reject the proposed well because of its adverse effect on the lake. The village argued that the department did not have the authority to assess groundwater use under the public-trust doctrine, claiming the doctrine applied only to navigable waters. The village further argued that the statutory scheme did not apply to this well. The department granted the permit, and the conservancies sought judicial review. The trial court held that the department had conducted an appropriate analysis and approved its decision based on a lack of evidence showing an adverse impact on the lake. The court of appeals reversed, finding that the conservancies had raised appropriate questions for the department to investigate and consider further. The village appealed to the Wisconsin Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Crooks, J.)
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