Thank You Wednesday Participants

From Tuesday's Public Testimony

Again, thank you to everyone who not only testified, but also who came to the Jefferson Library to show your support for all our efforts. If I missed your testimony or misspelled your name, please email me.

Carl Rybarczyk
Robert King
John Scherrer
Norm Stanley - Norm's Hideaway
Chip Knilans
Diane Abendroth
Gordon Pepin
Charles Payson
Evelyn Payson
Bill Manthey
John Mayer
Lori Jackowski

Wed Testimony Against RKLD

From Tuesday

What strikes me about the few who testified against the RKLD on both Tuesday and Wednesday is the fact that none of the DNR/Wetlands witnesses are lake users.

Indeed, Erin O'Brien from the WI Wetlands Association, who drove down from Madison to read a lengthy statement in support of the DNR's Environmental Assessment, admitted on cross-examination that she has never been on Lake Koshkonong.

Also, while she read DNR documents, she did not bother to read the RKLD's documentation in the Environmental Impact Report.

Then on Wednesday, someone from the Madison Parks Department is recruited to testify against RKLD.

Keep in mind, neither of the Madison participants will testify next week as "experts."

Pro-DNR Witnesses;

John Scullin
Matthew Dewar (see this earlier post)
Dale Zastrow - Jefferson Co. Drainage District
Dennis Kurtz - Jefferson Co. Drainage District
Russ Hefty - Madison Parks Dept.
Linn Duesterbeck
Rick Perrson - Chairman, Lake Koshkonong Wetland Association

Lake Koshkonong is No Lake Geneva

From the DNR's Environmental Assessment
Page 2

As early as 1870, sportsmen organized into prestigious shooting clubs with names like Blackhawk Club and Carcajou Club that were frequented by such notables as General Phil Sherman, former US Vice President Tom Marshall and Wisconsinites like August Pabst, Governor George Peck, Charles Pfister and the Baraboo Ringlings brothers. The area had a reputation for excellent shooting even drew members from New York and California. More than one group of wealthy Chicago sportsmen formed their own clubs here.

Remember this, every time someone suggests that the RKLD's fight against the DNR (and their artificial low water level orders) is nothing more than a misplaced effort to turn Lake Koshkonong into another "Lake Geneva."

(Read this previous post)

According to the DNR, Lake Koshkonong was once just like Lake Geneva, where rich people hunted on private land and stayed at private clubs.

The only difference? Lake Geneva was known for its shoreline mansions and yacht clubs. Lake Koshkonong was known for its elite, exclusive, private duck hunting clubs.

The DNR has chosen to protect the Rockefellers, not the little 'fellers.

Drainage Districts Did WHAT?

Reresentatives from the Jefferson County Drainage District testified in support of the DNR, and in opposition to the RKLD.

Their testimony was embarrassing for its lack of substance.

But the real irony is -- and I suspect Judge Coleman will scratch his head some late night as he reviews the transcripts and this nugget jumps off the page -- the DNR has allied itself with the Lake Koshkonong Wetlands Association, a small band of private hunt clubs dedicated to keeping their wetlands AND a government body (drainage districts) once charged with draining wetlands for agricultural, farm production.

The following is a parody;

Hi, we are here to support the Wetlands Club, now that we drained thousands of wetland acres into ditches that flow into Lake Koshkonong...creating family farms with the richest soils that became famous the world-over for tobacco production...we would like to reverse history.

Yes, your honor, we would also like to testify against auto production at GM...the horse and buggy was railroaded out of existence, or was it the railroad was buggy-whipped by the gas powered engine??

Anyway, we at the Jefferson County Drainage District also believe the world is flat.

Do We Still Need Drainage Districts?

The Jefferson County Drainage Board testified yesterday (Wednesday).

I had to look-up what a drainage district is, and why are they joining the DNR against the RKLD??

2.3 Drainage Districts

The drainage district program oversees the systematic drainage of lands for agricultural practices. (23) Nearly one third of Wisconsin’s 79,000 farms use drains to remove excess water from the land, primarily through small-scale drains. These drains are organized into drainage districts.

Primary responsibility for planning for and administering drainage districts resides with the county drainage board.

The board also resolves drainage disputes among landowners. Twenty-five counties have drainage boards thus far, with jurisdiction over about 160 drainage districts.

And here's more;

These districts are authorized under 1963 legislation effective January 1, 1965. Beginning in 1965, the former farm drainage districts were abolished and the drainage projects thereunder converted to the county drainage boards. A county drainage board, appointed by the circuit court, supervises and directs the operations of all drainage districts and projects in the county. County drainage boards may levy benefit assessments and, upon approval of the circuit court, may issue bonds for drainage purposes.

Shocking Testimony from Wednesday

Linn Duesterbeck offered ample testimony on behalf of his Party interests; who has joined with the Wetlands club in supporting the DNR's decision to reject the RKLD's water level request.

Mr. Duesterbeck has partnered with Mr. Haigt and Mr. Falk and retained Mr. Mike Grubb to join as an additional Party, in support of Mr. Sweeney, representing the LKWA.

During cross-examination today, Mr. Duesterbeck was asked by RKLD's attorneys whether he had coordinated his testimony with anyone from the DNR.

The official court report will indicate a negative "no" answer from Mr. Duesterbeck.

RKLD attorneys then provided evidence of emails from 2004 and 2005 exchanged between Mr. Duesterbeck and other LKWA members and DNR staffer Mike Halsted regarding the collection of photos of their shorelines at specific water levels.

Like yesterday, the integrity of the Wetlands club members is once again, called into question.

Shocking Testimony from Tuesday

The alleged illegal dyke on land owned by theThibeau Hunt Club, of which Wetlands attorney Buck Sweeney is a landowner/stakeholder.

The alleged illegal dyke keeps water from naturally draining into the lake, which then maintains a wet marsh conducive to fall duck-hunting, when the water levels on Lake Koshkonong are traditionally low, and dropping.

Mr. Sweeney objected to this testimony based on "relevance," however, Judge Coleman allowed the testimony to part of the public record.

Testimony then continued that included the claims that the artificial high water in the Sweeney marsh caused land that is not owned by the hunt club to be inundated with water. The neighboring property owner, himself an avid sportsman and knowleageble on the outdoors, claims cat-tails have been drowned and killed-off.

Additionally, it is alleged that DNR staff were fully aware of the illegal dyke, and did nothing.

State law and/or admin code indicates a DNR permit is required for such an artificial permanent structure that restricts that natural flow of water.

Since this has been ruled admissible testimony by the judge, the Lake District will continue to investigate this evidence.

Stay Tuned.

Opposing sides clash over Lake Koshkonong

Janesville Gazette
Judge William S. Coleman Jr. listens to opening statements at a hearing about Lake Koshkonong on Tuesday in Jefferson.

More Quotes IV

The ability to launch a boat directly from one's backyard is a privilege, not a right.

--Erin O'Brien, Madison; The Wisconsin Wetlands Association

In my opinion, this proposal only benefits boating interests at the expense of all other interests around the lake.

--Charlie Kisow, Cambridge; president of the Carcajou Shooting Club.

More Quotes III

It's becoming dangerous to operate our watercraft, our boats. Everyone's looking for a reasonable level so that all parties can be somewhat satisfied.

--Erik Samuelsen, Edgerton; co-owner of Rock River Marina.

More Quotes II

I don't even know if 7.2 inches would help get a boat in the water down by me.

--Dale Ferguson, Edgerton; said his pier juts about 280 feet from shore.

Long piers and distant boatlifts were a common complaint Tuesday.

Quotes from Tuesday

It's not really much of a lake if there's no water in it. I think the people have waited over 40 years, and they think there should be some water in the lake.
--Ed Sandner, Fort Atkinson

Email from a Lake User

Brian, Being week-enders we can not make it but you know how we feel & anything we are able to do to help we will. We were up last week end fishing & there had to have been well over 100 boats that past our house on the river.

Also, I saw your E-mail about boat launches & wanted to point out that there is a dirt road with a large area for parking off of Growler Rd. The boat launch is directly across from our cabin & we would enjoy watching activity over there for many years. Things like people riding horses, fishing, camping, playing music, hiking, hunting, training there dogs, etc, etc.

Once the DNR built the new boat launch the DNR put a gate up & closed off this area, being as we have lived across from this boat launch & never observed a problem (only positive events) I do not understand why they closed it off. NOW no one uses the area, if we are paying tax dollars for this property as well as the DNR's salary's why can this road & boat launch be re-opened for the public & all people to enjoy.

When I get a chance I'll scan the map & show you where this launch is located. Once again, thx for all your help it sounds like we may finally get something accomplished.

Also, the WATER LEVEL as observed last weekend was EXCELLENT !!!! Thx
again,

=Unfortunately, the water level last weekend was about 15-18 inches over the DNR summer max; higher if we consider we are still in the DNR winter operating orders until May 1st.

More Info on DNR

WDNR Chapter 103 Admin Code

Read Chapter 31.02

31.02(1)
(1) The department, in the interest of public rights in navigable waters or to promote safety and protect life, health and property may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters

State Statutes

Thibeau Hunt Club

As Ricky Ricardo would say to Lucy...

You have sum 'splaining to do...

Testimony Against RKLD

Not too many...

Erin O'Brien - WI Wetlands Association
Charles Kissow - Carcajou Shooting Club
Jeff Murley - Carcajou Shooting Club
Penny Shackelford - Lake Koshkonong Wetland Associaton, et.al.
Robert Grunnert - Crescent Bay Hunt Club

Thank You RKLD Supporters

It is not easy to walk to the front table, surrounded by attorneys, and give your testimony for the public record.

So far, RKLD sends a big THANK YOU to:

Terrance McMahon
Steve Proud
Ed Sandner
Dale Ferguson
Erik Samuelsen - Rock River Marina
Chico Pope - Buckhorn Supper Club
Supervisor Len Mueller - Town of Sumner
Tom Nolfi
Mike Morano
John Green
Tim Keller
Steve Holmes
Dave Saunders
Chad Larsen - Sunset Tavern

If you see these people, please recognize their good work for all of us!

Hopefully, we'll have 2x as many on Wednesday.

Full Hearing Room at the Jefferson Library

By 11:00am, the conference room at the Jefferson Library was standing room only.

Even State Rep. Debi Towns stopped-by.

If she is your legislator, email her and let her know we appreciate her presence and ask that she support our efforts.

rep.towns@legis.state.wi.us

Contested Case Hearing begins

The hearing started rather slowly today. After kicking-off at 10:15am, the administrative hearing judge gave a history of why we are all gathered here today, then took a 10 minute break.

...DNR Ken Johnson and DNR Legal Counsel fumbled through their binders looking for maps before making their opening remarks.

...Lake Koshkonong Wetland Association Legal Counsel Buck Sweeney made opening remarks.

...RKLD legal counsel Bill O'Connor spoke; RRKA & LKRA legal counsel Art Harrington spoke.

Then, it was time to go to lunch....11:50am.

For those who had been waiting since 10:30am, waiting until nearly 1:00pm to offer their testimony was too much.

Please come back on Wed if you had to leave.

Lake level hearing slated

Jefferson Daily Union

KOSHKONONG -- The battle between the Rock-Koshkonong Lake District and state Department of Natural Resources over Lake Koshkonong's water levels and how they should be maintained throughout the year is going before an administrative hearing judge.

Property owners, fishermen, boaters and anyone else who is vested in the future of Lake Koshkonong is urged to attend one of two public participation sessions in which non-expert testimony will be heard by the judge.

The sessions, set for Tuesda and Wednesday, March 28 and 29, from 10:15 a.m. to 7:30 p.m., will be held in the Library Room at the Jefferson Public Library, 321 South Main St. in Jefferson.

"We expect several-hundred people to appear and give their experiences, talk about low water levels, talk about the dangers to reach their boat lifts and the increase in use of long piers," said Rock-Koshkonong Lake District (RKLD) Chairman Brian Christianson.

He said residents from around the lake, people who vacation and visit Lake Koshkonong, those who use the boat ramps and avid fishermen from Rock, Dane and Jefferson counties likely will speak about the winter drawdown and their views on its impact on the fish habitat.

The debate has been ratcheted up in the last several years after the RKLD, following its own environmental study, petitioned the DNR in April 2003 to eliminate winter drawdown requirements in favor of maintaining steady water levels throughout the year.

In January 2005, the DNR released an environmental assessment maintaining the winter drawdown restrictions on the lake, which run from Nov. 1 through April 30, instead of accepting the lake district's request that the summer maximum level be maintained throughout the year.

The lake district has proposed that Lake Koshkonong's level be raised 7.2 inches, based on an ordinary high-water mark study, that Christianson contends would not impact the ordinary high-water mark and does not "take" anyone's land.

The RKLD states that its proposal would provide a better habitat for small fish and waterfowl by allowing submerged vegetation to grow below the waterline and limit invasive vegetation such as cattails that serve to steal nutrients needed for plant growth beneath the surface. (The full story appears in the March 24 Daily Union.)

Who is Matt Dewar??

He is not a Lake District property taxpayer. He is not even a resident of Fulton Township. His foolish and incorrect comments sent to the Janesville Gazette on Friday, March 24th, simply indicates his lack of knowledge about what the lake district has accomplished since 1999;

1. The Lake District Board of Commissioners is elected from 4,000 parcels and nearly 10,000 residents within the boundaries of the Lake District. Each commissioner is a volunteer. We receive no compensation. Zero.

2. The special charge that is applied to property tax bills is voted on each year by every property owner of the Lake District. By attending the annual meeting, taxpayers decide the amount to tax themselves, not the board.

3. Most important, the Lake District now owns the Indianford Dam; the DNR’s desire to remove it will never happen. Rock County not only gave us the Dam at no cost, but also made $450,000 worth of repairs before the Lake District would accept ownership. The best part of the deal is, Rock County is also giving the Lake District $600,000. That money is currently collecting interest for future generations in a segregated dam fund.

I will not apologize to anyone for protecting the future of Lake Koshkonong for my two boys and future generations of lake users. By the time my two boys leave for college, the Dam Fund will have grown to $1 million dollars.

So if you see Matt Dewar, tell him that is how competent, good government is defined.

Message About Boat Launches

Hi all,

Regarding our past discussions about the possibility of a new public boat landing/park between Fort Atkinson and Lake Koshkonong, these pictures reinforce the need for a new launching facility.

These pictures were taken today (Friday March 24). It's an overcast day today with temperatures in the 30's, and both the downtown Fort Atkinson and hiway 26 bypass boat landing were full to capacity at 10:30 a.m.. Imagine what it will be like on the weekend when more people are off work and the sunshine brings out the "fair weather" fishermen.

Also, regarding our tourism discussion, you can see by the enclosed picture that people travel many miles to fish on the Rock River.

I took my boat out of storage last weekend and will be doing some shoreline water depth measurements soon. The idea is to locate adequate water depth for a new boat launch. I will have an open seat if anyone wants to join me.

Please forward this email to others who are stake holders in this project. Comments always welcome. Thank you . - jim furley (phone 920-563-7011).

Bounty Hunt Scheduled for April 22

The Great Koshkonong Bounty hunt is planned for April 22, 2006.

It will be an open water, Catch and Release contest from 6 am to 4 pm.

The headquarters will be Kempler's Lamp on the North shore of the lake.

The tagged fishing contest will be open to amateur anglers only and will feature a total of 20 tagged fish, including a $10,000 Northern Pike, sponsored by the Miller Brewing Co., a $10,000 tagged Walleye, sponsored by RRKA, a $1,000 tagged Crappie and a $500 tagged Perch.

There will also be a variety of 16 other tagged fish sponsored by lake and river area businesses at $200 each. We will also hold our "Largest Fish by Weight" contest as well, it will pay out $50 for 1st, $30 for 2nd and $20 for 3rd place in the Walleye, Northern, Crappie and Perch categories.

Because we began our yearly raffle calendar on Jan. 28th, we are now selling a new 3 month raffle calendar. It will consist of 92 drawings with a total of $2,500 in daily cash drawings. It pays out $10 each weekday except Fridays, which pay $25, or holidays, which feature $500 for the Bounty Hunt, and $250 for Mother's Day, Memorial Day, Father's Day and the 4th of July. Raffle calendars are only $5 and are available at most Bounty Hunt sponsors.
Signed,
Frank Micale

Happy St. Patrick's Day

Water Level Graph

Happy St. Pat's Day...

Today's water level is 777.58, or, 15 inches above the DNR's summer max water orders.

Summer water orders do not take effect until May 1.

Letter from Lake Ripley

Dear Brian,

I obtained your contact information from Patricia Cicero at the Jefferson Co. Land & Water Conservation Department, and understand that you are the chairman of the Rock-Koshkonong Lake District. I've attached a letter that our organization (Lake Ripley Management District) plans to send to Jefferson County requesting a ban on phosphorus-based lawn fertilizers. The letter was also mailed to your 374 E. Samuelsen Dr. address a couple months ago.

We are currently looking for other lake and conservation groups in the county to co-sign the letter. So far, our other co-signers include Rock River Coalition, Friends of Allen Creek Watershed and Rock Lake Improvement Association. A few other groups have shown interest (i.e., Blue Springs Lake Mgmt. District, Joint Rock Lake Committee, Lake Koshkonong Wetland Assoc.), but their boards still need to meet to discuss the matter.

Please let me know if your group is interested.

Paul

Paul D. Dearlove, Manager
Lake Ripley Priority Lake Project
Lake Ripley Management District

Dear Paul;

Thank you for your letter and for your email. I am indeed chairman of the Rock-Koshkonong Lake District, the largest lake district in Wisconsin.

As you may know, the RKLD has been granted a contested case hearing by the DNR Secretary. A DOA hearing examiner is charged with reviewing the current DNR water level orders and the data collected by the RKLD’s team of environmental experts that oppose those orders. The RKLD has invested hundreds of thousands of dollars to research the hydrological and ecological behavior of Lake Koshkonong. Our experts conclude that the current DNR operating orders is causing damage to the entire system, from mortally damaging the fish habitat due to the DNR-mandated winter water level drawdown, to actually damaging the future health of wetland shorelines.

In addition, navigation and safety is jeopardized by artificial low water levels that require longer piers to reach navigable water, and public boat ramps that do not accommodate the public.

With over 4,000 parcels and nearly 10,000 taxpayers within the boundaries of our lake district, you can surely understand this is the most pressing issue for the RKLD.

With that, I would like to invite you and your organization to testify in support of the RKLD. Public testimony is being offered on Tuesday and Wednesday, March 28th and 29th, at the Jefferson Library. Our request is for nominally higher summer water level (7.2 inches) and the elimination of the winter draw down. It must be noted that nominally higher water does not encroach on the OWHM, nor does it add to flood conditions that we occasionally experience with the Spring weather conditions.

RKLD’s request is not adding high water; we are requesting an elimination of low water -- the benefits of which can be reviewed on the science page of our website, www.RKLD.org

Our hearing will continue on into April in Madison, but that time is reserved for testimony from “expert witnesses.”

Your participation and support on behalf of the RKLD would demonstrate to state legislators – the folks who statutorily created Lake Districts – that those of us closest to our water bodies, are best capable (with real-time data collection from the science community) of managing the resource.

Please let me know if you and your group will testify in support of our efforts.

Thank You.

Brian Christianson
www.RKLD.org
608-884-9444

Has DNR Contacted You About Piers?

Brian.
I was given a verbal warning by DNR patrol about our Shore Station with the M/C being too far from shore and it needed to have a navigation light on it after dark.

COULD YOU GET A DNR REPORT ON THIS AS TO HOW MANY TIMES HAS THE DNR HAD TO CONTACT BOAT OWNERS ABOUT THIS ISSUE?

LOW WATER LEVELS REQUIRING MOVING SHORE STATIONS FURTHER OUT FROM THE SHORE IN ORDER TO OPERATE THEM PROPERLY.

NOTE: THIS WAS THE FIRST WARNING WE RECIEVED SINCE 1991.

ThE WATER LEVELS OF THE SUMMER OF 2005 WHERE AT THE TARGET LEVEL
THOUGHOUT THE ENTIRE SUMMER SEASON, THEY PROVED TO BE INADQUETE.

Regards,
Len Mueller

Why Do Those Who Oppose RKLD Always Mention Lake Geneva??

To Brian C
From XX

I must tell you as a life long area resident, (born in Janesville-Milton Union HS 1957-XXX since 1994) I have no problem with the water level as it is now. I have boated on the lake since 1959 and went over the dam on the lift in the early 60's.

Deeper water means more boats, bigger boats, faster boats, and noiser boats. There are enough boats on the waterway now. More boats and deeper water means more shoreline erosion and when it's gone, it's done forever.

Everyone is blowing their own whistle so I'm blowing mine. I once heard XXXX at a meeting saying we need higher water levels because some people were having trouble getting their big boats off the trailer. I say leave well enough alone. This isn't Geneva Lake.

Nice web site and I won't appear to tell the judge my thoughts.
Sincerely, XX

Dear XX;

Thanks for your candid reply, and your opinions are always welcome. However, you are deeply misguided if you believe the fight over water levels is ONLY about boating.

More than $500,000 has been invested in on-site research, conducted by PhDs from UW-Madison. Their data is posted all over our WEBSITE. The experts tell us low water levels are harming the entire ecosystem – the fish habitat, the wetlands, shorelines, bird nesting, frog reproduction, native plants, emergent/submergent vegetation, etc, etc.

Navigation is indeed what most recreational lake-users focus on, after all, boaters wait a long time to get-out and enjoy the weather, so when the weather turns nice, it sure would be special to have some water in the lake for reasonable navigation.

Assume boat traffic begins May 15 and ends roughly September 15 – that’s 4 months, or 16 weeks out of 52 weeks – 31% of the year for boating.

Then, consider 3 days (Friday, Saturday, Sunday) of “intense” boat traffic within each of those 16 weeks – that equates to 48 days of boat traffic out of 365 days – 13% of the year for “heavy” boat traffic.

Then, if we were to review the Farmer’s Almanac to determine, over the last 5 years, just how many of those 48 days were indeed “boatable” weather – i.e. not storming, or high-water/no wake, or low water/drought conditions, or unseasonably cool weather, or an early frost, etc, etc – my guess is the Lake Koshkonong/Rock River hosts “busy” boating – fast, slow, and in-between – less than 10% of the calendar year.

While science indicates boat wakes do indeed contribute to shoreline erosion, it is a miniscule amount compared to the erosion caused by Mother Nature.

Furthermore, since boating/navigation is a 10% issue, then what else is the RKLD trying to accomplish for the ecosystem?

Since you raised your age and year of residency (1994), I would refer you to hundreds of fishermen - many who will testify later this month – that in their experienced opinion, the fish habitat was mortally damaged when the DNR changed the operating orders and artificially lowered water levels in 1991.

I could go on and on, but I would rather not regurgitate thousands of pages of data posted on our website.

If you are one of those shoreline homeowners who have grown tired of boats disturbing your backyard tranquility, then please keep it in perspective. Boat traffic is at its worst just 10% of the year.

But, the damage being done to the entire ecosystem by the DNR’s current water level orders is a year-round, every day, activity.

Respectfully,
Brian Christianson

Latest on Pier Bill

-- The Senate Natural Resources Committee today unanimously passed modifications to the so-called pier bill.

The Department of Natural Resources, Wisconsin Wildlife Federation, and the Wisconsin Builders Association are supporting it, and even the Wisconsin Realtors Association likes most of it.

But one of the lead authors – Republican Rep. Scott Gunderson of Waterford – cautioned the committee and said he knows Assembly Speaker John Gard, the other lead author, has not signed off on all the changes. That means if Assembly Bill 850 passes the Senate tomorrow, its future could be shaky. The DNR, the Wildlife Federation and others said today if there are amendments or significant changes to this latest compromise package, the supporters will back away from the bill.

AB 850 was passed by the Assembly last December and originally sought to grandfather in all existing piers from pending DNR regulations of piers and wharves. The bill’s supporters argued the DNR had overstepped its authority by seeking to apply the rules to existing piers – namely the 1 percent or so of the largest structures seen as either harming the wildlife habitat or violating the public trust doctrine.

Among the changes included in the amendment is the provision grandfathering in most piers that existed before the law calling for the pier rules was enacted – Feb. 6, 2004. The change adopted today allows for a pier that is up to 8-feet wide and has a deck, or loading platform, of up to 200 square feet in size – or up to 300 feet square feet as long, as the platform is no more than 10-feet wide.

The amendment also calls for about $400,000 in funding, which would come in allotments over three years from a transfer of tax revenues of gasoline sold for motorboats from the Transportation Fund. The funding is a key provision for the DNR.

Gunderson warned the committee they will hear from people who have decks larger than 300 feet and from others who want all piers grandfathered in – and from people who will argue these larger piers will violate the public trust doctrine. “There is no way, no how, that is going to happen,” Gunderson said, adding in his heart he believes all existing piers should be exempt.