Rock-Koshkonong Lake District v. State Department of Natural Resources
Wisconsin Supreme Court
833 N.W.2d 800 (2013)
- Written by Rose VanHofwegen, JD
Facts
Lake Koshkonong is a shallow lake formed by a natural widening of the Rock River in Wisconsin. The gently sloping shoreline extends water levels of one to two feet far into the lake. Construction of a dam in 1917 raised the water levels, and blockages as the dam fell into disrepair raised levels even further until repairs dropped the water to target levels in 2002. The shallow levels severely restricted boating, requiring riparian owners to build long piers to reach navigable water. The Rock-Koshkonong Lake District, Rock River-Koshkonong Association, Inc., and the Lake Koshkonong Recreational Association, Inc. (collectively, the district) (plaintiffs) petitioned to raise the levels that the Wisconsin Department of Natural Resources (DNR) (defendant) set for the lake. The DNR refused, claiming that raising the levels would impact private wetlands adjacent to the lake. The administrative law judge, trial court, and appellate court all affirmed. The district appealed.
Rule of Law
Issue
Holding and Reasoning (Prosser, J.)
Dissent (Crooks, J.)
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