DNR and Thiebeau Dam/Dyke Correspondence

A follow-up from this post:

Tom;
This is an excellent question to pose to the DNR. I think the easy answer is that you are not trespassing if your feet are wet -- that assumes though, that you can cross the dyke without setting foot on dry land.

The controversial part is if the dyke is truly owned by the hunt club, or if the dyke sits on the lakebed -- if on the lakebed, I believe the dyke would then belong to the public and you could portage across the structure. If the dyke is owned by the hunt club, they have an illegal structure not permitted by the DNR.

The RKLD believes this is a significant issue that demonstrates the DNR's preconceived conclusions they brought with them to the Contested Case Hearing.

Dear DNR;
I was wondering if I can legally cross (portage with a small boat or canoe) the illegal dam and hunt in the Thibeau marsh in the fall or fish in the spring and summer?
Tom

DNR RESPONSE
Mr. Lipke -

I only have part of the answer to your question.

You can certainly go into that area when or if the water in Lake Koshkonong is high enough to overtop the structure.

It's a harder question when the water in Lake Koshkonong is below the top of the structure. A big issue is whether the 'waterway' that is being impounded was navigable prior to being impounded. We don't know if the 'waterway' was navigable and our initial research was conflicting. "Navigable" means suitable for navigation...In WI, a navigable body of water is capable of floating the lightest of boat or skiff used for recreation or any other purpose on a regularly recurring basis.

Like I said in the earlier email to Mr. Hausler, a number of years ago, department staff took concerns over this structure to our Secretary and our legal counsel. There was conflicting available information, as well as some concerns over our legal jurisdiction. Additionally, based on the our assessment then, the dike/culverts didn't cause significant impacts on other properties or parties. At that time, our staff spoke with our conservation wardens in the area to determine how much public contact we had with people seeking access to this area or complaining about the structures and water levels and the response was that there was very little public concerns expressed. We made an enforcement decision at that time that it wasn't something we were going to pursue.

In your previous email, you stated that the structure is flooding your land. You can take legal action against the structure owner and the court can decide if the structure must be changed or removed.

Sorry I don't have more information.

DNR