Observations: OHWM

OHWM = Ordinary High Water Mark

The Ordinary High Water Mark (OHWM) can be described as “the point on the bank or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic.” The OHWM is the boundary between riparian owned uplands and the publicly owned beds of natural lakes.

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The DNR's expert in this area, Dale Simon, admitted that today's process of determining the OHWM is more accurate than anything that existed in 1979.

This is crucial testimony because the DNR operating orders of 1982, that were negotiated after 10 years of litigation and resulted in the DNR operating orders of 1991, were based on the OHWM conclusions from 1979.

We all currently suffer from, and comply with, the DNR operating orders of 1991 - founded in the faulty science of the 1979 OHWM study.

Simon established his credentials with the hearing judge by - among other things - describing how he trains DNR staff in the science of determining OHWM.

On cross-examination, Simon testified that the training he referred to did not exist in 1979.

OHWM training did not occur until 1983.