Thank You To Last Saturday's Volunteers

Thanks to RKLD Commissioner Frank Micale and his tribe of volunteers for working the registration tables at the annual meeting in Fort Atkinson --

Ed Sander
Shelly Sander
Teri Micale
Barb McGann
Joyce Brousil

You all helped in a major way with providing an efficient sign-in/validation for all our lake district electors.

Geneva Lake is not 'dangerous,' authorities say

From the Janesville Gazette

...What's in play here is Geneva Lake's popularity. The lake covers 5,231 acres, and a 2002 boat census conducted by the GLLEA showed 5,225 boats-or about one per acre-were kept on the lake that summer.

The family farm: Homestead turns 100

From the Janesville Gazette

...MILTON

When Charles Lee Vogel bought 160 acres north of Milton in 1905, wild rice grew tall and thick across nearby Lake Koshkonong.

Rich history surrounds area around Mule Hill

From the Janesville Gazette

...Soon after the cabin was completed, Indians appeared, walking in a beeline across the prairie. The cabin was sitting right on top of an established trail, which was worn about 6 inches deep into the earth.

Imogene said a chief who lived in the Lake Koshkonong area often visited and ate with the family. She wrote that the chief cried when Sophia died.

Comment Re: Gratuities

Dear Board Members;
I thought Al Haight's question regarding the free gifts and favors supposedly offered to the lake district board was very hypocritical. I believe the board has never condoned that sort of thing, but didn't the duck hunters give their science experts free memberships to their clubs in exchange for their testimony at the hearing? And who is paying Buck Sweeney's legal bills?
Ted

People swim after boat sinks on Koshkonong

LAKE KOSHKONONG-Passengers on a paddleboat took an unexpected swim in Lake Koshkonong at about 6:30 p.m. Tuesday when the boat started sinking.

A person on shore saw the boat sinking in the Highwood area and called 911, said Milton Fire Chief Chris Lukas.

Help, however, wasn't necessary.

By the time members of the Milton Fire Department, Edgerton Fire Department and Rock River Safety Patrol arrived, the paddlers had swum to shore, dragging their boat behind them, Lukas said.

No injuries were reported.

Question Regarding Gratuities

A question was asked at the annual meeting Saturday by Al Haight, whether the RKLD Board of Commissioners have a policy against accepting gratuities - favors - in return for unspecified action.

It was a fair question, asked in a reasonable manner, but one that the Board has never been asked in the past.

The answer is no; the appointed and/or the elected commissioners have not received, much less been offered, forms of personal enrichment from any individual or organization.

As a matter of full disclosure, the monthly board meetings are held at Mr. Peter Layton's offices on CTH N & STH59. Mr. Layton is kind enough to contribute the space of Tallgrass Restoration.

Click here for their website.

If RKLD was required to lease office space, at $1,000.00 per month, during the 8 years the district has operated, then we have saved taxpayers roughly $96,000.00 since 1999 - give or take $20k.

Lake district residents OK tax hike

From the Janesville Gazette

..."I think any time you put all of the facts in front of the voters, the right decision will be reached," said Brian Christianson, district chairman. "We were completely transparent with all the research; we were completely transparent with all the data. I think the voters understand that this is a one-time increase in the special charge."

..."I was frankly shocked by the assessment-boating, navigation and property values were treated as minor and incidental things," said lake district attorney William O'Connor.

District to vote on doubling tax

From the Janesville Gazette

...District resident and former board candidate Norbert J. Johnson is not happy.

"They have pissed away so much money in legal fees," he said. "All we're doing is lining some $400-an-hour lawyer's pocket."

...Studies and assessments of the lake during the district's fight with the DNR cost several hundred thousand dollars, Christianson said. He differentiates those costs from legal fees.

"Had we not done all of the research leading up to this year, we would never have been granted our petition for the hearing," he said.

LKWA Summary Brief

We have posted the Lake Koshkonong Wetlands Association Summary Brief, submitted by LKWA legal counsel Buck Sweeney, here, on the Hearing Page.

DNR Closing Summary Brief

DNR Closing Summary Brief posted here.

Water Levels Impact Businesses - Jobs

According to Pete Hanson of the WI Restaurant Association (WRA website), his testimony during the contested case hearing stated a total of 50 restaurants benefit from their proximity to Lake Koshkonong/Rock River.

Anchor Inn, Buckhorn, Norm's Hideaway, Sunset are among those located on our shoreline, but others located off the shoreline in Newville, Milton, Edgerton and Fort Atkinson also benefit from the draw of the water that brings campers, seasonal, and others from Janesville, Beloit, Illinois and Dane County to our area for fishing and recreation.

Annual Meeting is Saturday, July 22

Conservation is a state of harmony between men
and land.
Aldo Leopold
The Father of wildlife ecology
and a Wisconsin native

The existing DNR water level orders offer no such harmony.
Brian Christianson
The Father of 2 young boys
and the RRKA's 2006 Bounty Hunt Winner (Perch Class)

Public Access to Duck Marshes

Duck hunting season opens roughly the same time as the DNR winter water level orders begin the transitional period. Thiebeau, Carcajou and Crescent Bay hunt clubs have all expressed their opposition to the RKLD's request for nominally higher water levels.

DNR Fendry was asked about the public's right to access the marshes for duck hunting recreation.

Since private landowners can restrict access to marshes via private property, access via water navigation is a protected public right. Thus, simulating drought conditions with the DNR Winter Water Level Orders serves to restrict public access into shallow water bays.

Once again, public access, navigation, and recreation is being trumped by DNR in favor of large tract landownders and their private hunt clubs.

Past post here

Turtle Habitat

Wetlands Club Sightings:
6-1-06 Roger Martin reported a Blanding's turtle wandering through his backyard on Vinne Haha Rd.
__________________

Blanding's Turtle
Because it is a "Threatened" species in Wisconsin, the Blanding's Turtle cannot be removed or harmed in any way without a stiff fine.

Habitat/Ecology:
Unlike other aquatic turtles in the state, these are more of a wetland species and they tend to prefer shallow, slow moving back-waters or marshes with muddy bottoms and much vegetation, rather than rivers or lakes. They are occasionally found basking on muddy banks and submerged logs.

DNR Bob Hay;

In my opinion, job is to manage in such a way that we don’t destroy what was there in the beginning, so when I look at what was there in the beginning, as stewards of that resource to best extent we can. Recognizing that things have been destroyed, but habitat for fish and wildlife is what that system supported initially.

DNR Hay was asked if the turtle habitat would be impacted if the DNR adopted the RKLD request for nominally higher water.

The response was that not only did the DNR have no opinion on impact on turtle habitat, but also that the DNR does not know if the Blanding's Turtle persisted in/near the lake historically.

Any wonder why the contested case hearing was so expensive, when RKLD was forced to respond to the difference between the "beginning," and "historically."

Question on Cost of Contested Case Hearing

Brian
Did you expect the cost to the lake district to be that much, and also what drove the pricetag so high?
Steve

Several factors are the cause for the final cost of the CCH proceedings;

* Parties opposed to the RKLD claimed their land would be flooded - RKLD needed to show no land above the OHWM would be "flowed;"

* DNR allied itself with a very narrow group with very narrowed interests;

* DNR did not examine our EIR with impartiality;

* Opinions from RKLD opposition were presented as facts;

* RKLD needed to react to claims of historical/archeological damage from RKLD;

* RKLD needed to react to claims of endangered plant species habitat;

* DNR focused exclusively on ecological aspects - ignored navigation/safety/public access;

* DNR introduced issues outside their authority, such as plant habitat above OHWM, and beyond navigable water;

* RKLD reviewed boxes of email messages between the DNR and parties opposed to RKLD;

* Public testimony revealed that the Carcajou Hunt Club had placed material below the OHWM without an application for a DNR permit;

* Public testimony revealed an illegal dyke/dam on the Thiebeau Hunt Club and DNR chose not to enforce its authority to regulate such a structure;

* DNR pulled testimony re: endangered orchids only after RKLD was forced to prepare data to respond during the CCH;

Those are just a handful of causes that drove RKLD legal/technical fees as high as they are. I am sure others will come to mind as we respond to other questions from the newspapers and the taxpaying public.

Question on Dead Fish Floating Downstream

Hi Brian,
I am a riverfront owner on Badger Heights. My neighbor and I have noticed an incredible amount of dead fish on the shore and in the lake. All of them appear to be carp in about the 12 inch range. We counted 15 fish on shore or floating around our docks on Sunday morning. We also noted 2 to 3 fish floating down river at any give time just off our docks all day. This has been going on for a few weeks. This has me concerned. Do you know anything about this? I'd appreciate if you looked into this. Is there anyone I should contact about this?
Thank you,
Greg Owens

It may be from different causes such as netting mortality, virema virus or they were in a location that experienced poor water quality conditions such as pollution, low DO, high algae concentrations, etc. I don’t know if the commercial netters have been out lately but they can cause delayed mortality because they typically throw the smaller fish back due to lack of market for the smaller ones.

Call up DNR Don Bush (608-743-4823)and ask him if has been getting calls on this issue. I am sure he will have an answer for you.
Thanks

All Gates are Open

Lake level today is 776.4, above the DNR summer max of 776.33.

What is a scrape, and why are not all wetlands owners equal?

Brian
How come the DNR never contact me about any Wetland issues, I do own more Wetlands than many of the other clubs?
Jeff
___________________________

I would also like to know why if the DNR are so PRO saving the wetlands why they allowed my wetland neighbor to dig his(Cattails) up to put a scrape in? Funny how things work.
___________________________

For the SCRAPE, It is where you dig the ground usually less than two feet to create an area to retain water to create a "wetland" type area. When your picking up pizza in Fort there is one just off the 26 bypass on the right before you exit onto hwy. 12 into Fort. Mike Halstead allowed the one at Seyers and many others in his marsh until Mark called him and others at the DNR to ask why he was allowing this to be done buy destroying the marsh which we are trying to save and regenerate new growth.
Jeff

The late, great Vinne Ha Ha boat landing

Hi Brian and Frank,

Here's a few pictures of how miserable things are in our neck of the woods. 8731 and 8734 are of Charlie trying to get a canoe in the water on July 4 or 5. Note the depth of the muck he's trying to wade through. 8736 and 8740 are of our neighbor to the north's dock. From counting sections, I think he has over a hundred feet of dock out there, although I'd have to measure to be sure. Earlier in the season when the water was higher he had it wash out two or three times. Now, as you can see, most of the dock is over exposed mud flat, and he has almost no water at the end. 8738 is of the landing and the area to the south.

It's so discouraging. No one wants to launch a canoe like this. We used to go for a paddle at sunset almost every night, and we love to look at birds and other wildlife on the shore. Now the canoe and the sailboat and the motor boat are sitting in the garage. It makes me want to cry.

Feel free to use any of these as part of a slide show. We'd love to show other people what we're up against.

Unfortunately we won't be able to be at the annual meeting because we'll be at the surprise 70th birthday celebration of our best friend from our Cooperstown, NY years (and will also be picking up our grandkids in DC.) We sure hope everything goes well - and I sure pray the DNR gives us back our lake, at least for a few years until it fills in some more.

Evelyn Payson

P.S. I think dredging areas like ours is going to have to be part of the ultimate solution for the lake (and it has to be dredging large areas, not narrow channels. Dredging a narrow channel is like making a ditch through maple syrup - it fills up right away.). What's been happening is that the lake's been filling in - that the bottom has, in essence, been coming up. Obviously that's a disaster when the DNR insists on keeping the top low. (I'm not going to say what I think of their failure to analyze what's been going on, or their attitude towards people who tell them the truth about the shallowing of the lake.)

The core samples that we and Dr. Peter Jacobs at UWW took as part of a research project sure look as if, between 300 and 600 feet off shore, there's been a foot and a half of sedimentation coming in since the first dam, and about 9 inches since it was raised in 1918. We're trying to get Peter to come over to sample in close to shore off one of the piers near us so that we can get a sense of how much that's filled in. I hope we can have some numbers and some core pictures to you before the annual meeting. So much for people who think you can go back to the 1840's.

Another problem is that our part of the lake is full of what I think is milfoil. This quite probably makes the rate of sedimentation increase by reducing turbulence and letting sediment settle out more rapidly.

Constituent Comment - Supporter

I LIVE ON THE RIVER AND I VIEW THE WILD LIFE ALL YEAR LONG.

THE DUCKS AND THE FISH WERE IN ABUNDANCE THIS SPRING WHEN THE WATER LEVEL WAS CLOSE TO EIGHT FEET THE SUDDENLY THEY DID THE DRAW DOWN AND THE CLUTCHES OF DUCK EGGS FELL INTO THE WATER FROM THEIR NOT SO WIZELY CHOOSEN PERCHASES AND THERE SO MANY DEAD FISH WASHING UP ON MY LITTLE SHORE LINE EVERYDAY .

DURING THE WINTER THE RIVER NOT FREEZING GIVE US ABUNDANT WILDLIFE TO ABSERVE AND WITH THE DRAW DOWN THE RIVER DOES FREEZE ACROSS. IT FREEZES DUCK FEET RIGHT OFF WHILE THEY ARE SLEEPING IN THE MIDDLE OF THE RIVER.

THEN DON'T FORGET THE ALGIE.. THE AMOUNT OF ALGIE THAT DEVELOPES AT THIS LOW 5 FOOT LEVEL IS FATAL TO MAN AND ANIMAL ALIKE. THERE IS JUST WAY TOO MUCH ALGIE.

IT DOES NOT TAKE A WORLD RENOUND SCIENTIST TO SEE WHAT IS HAPPENING BEFORE YOUR EYS, JUST LOOK BEFORE YOU KILL OFF ALL THE FISH AND GAME IN THE AREA.

I AM A CRIPPLE AND I WATCH OUT MY WINDOWS AND JUST OBSERVE AND IF I COULD I WOULD GO TO THIS COURT ACTION AND TESTIFY AS AN ORDINARY CITIZEN WHO IS I REAL TREE HUGGER.

THANK YOU
KATHY KOWALSKI

Constituent Comment - Opponent

We don't understand why we were not given an individual vote to be excluded such Fort. We as parcel owners gain nothing from this district and certainly have a problem with the $100 special charge. You are doing nothing more than our State Rep could be doing & without the $100 charge! The City "chose" not to be included?...well, we should get to "choose" not be included also!
Doug & Teri

Their previous post

You were indeed given an "individual vote" to be excluded from the lake district. The public hearing was held in 1999 by the Rock County Board of Supervisors. You also have the right to demand removal from the district boundaries under --

33.33(3)
(3) Detachment.
Territory may be detached from the district following petition of the owner or motion of the commissioners. Proposals for detachment shall be considered by the commissioners, and territory may be detached upon a finding that such territory is not benefited by continued inclusion in the district. Appeals of the commissioners' decision may be taken under s. 33.26 (7).

Why is the City of Fort Not Within the Lake District?

WHY ARE THE PARCEL OWNERS ALONG THE RIVER IN THE CITY OF FORT ATKINSON NOT ASSESSED THE $100/PARCEL?

WHY ARE THE RURAL PARCEL OWNERS SINGLED OUT?

PLEASE E-MAIL THE REPLY.

Doug & Teri
________________________________________

This is a very good and very common question. According to the WI State Statutes that govern lake protection and rehabilitation projects:

33.24(2) The county board of any county may establish districts within the county if the conditions stated in 33.26 are found to exist. Before a district that includes any portion of a city or village may be formed under authority of this section, the city council or village board must have previously approved the inclusion of its territory within the boundaries of a proposed district.

Many electors believe as a matter of fairness, Fort Atkinson should indeed be included in the special charge/lake district boudaries. However, Fort Atkinson, as a city, chose not to be included when Rock County established the boundaries in 1999.

Chapter 33 of WI State Law

For boaters near Fort Atkinson, it takes quite a bit of time to navigate through the city's no wake zone to reach the lake, so that may be the reason why the city chose not to be included in the lake district.

2006 Newsletter Posted on RKLD Website

2006 Annual Newsletter

Admittedly, it is heavy on content, but the Board of Commissioners would rather place too much info, rather than too little, in the public domain.

2006 Newsletters Begin Arriving Today

We will also post a PDF version on the website shortly.

Saturday, July 22nd, 9:00am
Fort Atkinson HS Auditorium

Dam Gauge v. Lake Gauge

Yes, it makes a big difference where water elevations are monitored--

ORDERED MAXIMUM
Actual Gage Reading
At Indianford Dam:
776.68

Approximate
Lake Koshkonong Water Level:
776.33

ORDERED MINIMUM
Actual Gage Reading
At Indianford Dam:
775.73

Approximate
Lake Koshkonong Water Level:
776.08
_____________________________________________________________

ORDERED MAXIMUM
Actual Gage Reading
At Lake Koshkonong:
776.33

Approximate
Indianford Water Level:
775.98


ORDERED MINIMUM
Actual Gage Reading
At Lake Koshkonong:
775.73

Approximate
Indianford Water Level:
775.38
______________________________________________

The above numbers illustrate the effect of changing the reference point from the dam to the lake in the 1991 Order.

DNR Sue Joseff testified that DNR made the change to accomodate recreational boating and navigation interests in an effort to balance the DNR's killing the prospect of placing flashboards ordered in the 1982 order, which was an accommodation to wetland owners.

During cross examination, Ms. Joseff agreed that:
The 1982 was established using the dam gage as the reference point;
That the 1991 order eliminated the flashboards as an accommodation to wetland interests;
That the reference was moved from the dam to the lake in the interest of navigation.

When RKLD attorneys asked how the last would benefit recreational boaters, she fumbled and DNR's lawyer (with DNR Mr. Ken Johnson's whispered counsel) stated that there had been confusion and the the 1982 order was actually based on lake stage.


DNR Joseff acknowledged that the RKLD exhibit accurately showed the difference between lake and dam stage on the ordered min and max water levels and that Newville lake gage was installed in 1987.

RKLD Goes the Extra Mile

DNR Ken Johnson testimony April 4th, 2006

DNR Johnson was asked how did did the DNR justify their requirement that the RKLD provide evidence, such as bathymetry and hydro data, that is far more extensive than what the DNR uses to set its own water level orders.

DNR responded that Koshkonong is one of the largest lakes; a complicated and substantial resource. In the DNR's opinion, the RKLD is asking for a substantial change in operating orders. As a government entity, the RKLD should be able to support its request with data.

____________________________


We did -- and at great expense to our property owners -- but the result is, the RKLD is now the largest repository of scientific data collected from Lake Koshkonong.

RKLD has paid for the right to call itself the ecological, biological, hydrological experts of Lake Koshkonong/Rock River.

Jefferson County Drainage Board

More from the constested case hearing...

___________________________

DNR reached out to this entity in hopes that the drainage board could simply “veto” the RKLD’s water level request and save the DNR much time and resources.

DNR staff researched previous contested case hearings pertaining to water level increases and cited drainage districts as a potential roadblock to RKLD.

A July 28, 2004 email between the Wetlands Club and DNR indicates the DNR is requesting the LKWA to make further contact with local farmers, drainage boards, land conservation groups and other groups to see if they will comment in writing against the RKLD water level request.

Testimony from DNR Sue Joseff on April 10, 2006.

For past posts on Jefferson County Drainage Board;

Here
and
Here

One Slide Gate Reopened

DNR Operating Orders

E. Three slide gates shall be fully opened (700 cfs calculated flow) and shall remain open whenever the lake elevation exceeds 776.10 feet, MSL

F. Six slide gates and the wicket gates shall be fully opened (2230 cfs calculated flow at elevation 776.30) and shall remain open whenever the lake elevation exceeds 776.33 feet, MSL

______________________

Because the lake level today is at 776.19 (target 776.20), the DNR Orders stipulate RKLD cannot close more than 3 slide gates (see 1E above).

When the lake reaches the DNR minimum at 776.10, we then are allowed to close more gates - despite the spillway's low elevation will continue to pass water over the crest.

Be careful tomorrow night (Saturday) navigating the lake for the RRKA Fireworks Display.

DNR: One-Sided Data Collection

This post is in response to this request

________________________________


RKLD’s water level request was formally submitted to DNR in April 2003.
The Lake Koshkonong Wetland Association (LKWA) was formed in 2003.

From end of April though July, 2004, the DNR and LKWA exchanged emails in what appears as coordinating their opposition to the RKLD water level request. DNR recruited organizations such as LKWA, among others, who traditionally are supportive of DNR positions – land conservation organizations, etc. DNR Sue Joseff said this was a “common” practice.

DNR allies were asked to document lake levels at 777.0.

The DNR draft Environmental Assessment (EA) was public in December 2004. A public hearing was held in January 2005. The EA was finalized in March 2005.

What is telling is the DNR recruited opposition and solicited supporters in preparation of finalizing their EA yet DNR chose not to reach-out to riparian landowners/businesses in equal fashion.

DNR Sue Joseff was asked if residential/ individual riparian owners were asked to document the impact of 777.0 on their shoreline as the wetland/hunt clubs were directed – answer, no.

Were recreational users of the lake emailed to collect impact of 770.0 on their pier lengths? DNR reply; no. Impact on boat lifts? DNR reply; no. Did anyone at DNR email the recreation associations (LKRA, RRKA) regarding the impact of 777.0 on the public access boat ramps? DNR reply; no.
Clearly, the DNR had their minds made up regarding the RKLD’s request for a change in the operating orders long before their EA was finalized.

July 7th Gate Closing

Lake level is at 776.19 -- target is 776.20.

A 4th slide gate was closed this morning.

Volunteers Needed

Volunteers are needed to work the registration tables at the annual meeting on Saturday, July 22.

If have your morning free, please contact Frank Micale for further instructions.

W7889 High Ridge Rd.
Ft. Atkinson, WI 53538
(920) 563-8518 Home
yukon@ticon.net

The program will start at 9am, so we would like to have our volunteers on site and ready to go by 8am.

Many thanks!

Saturday, July 22
Fort Atkinson High School Auditorium
8:00am

Lake Levels Drop

This morning, the second wicket gate was completely closed. At roughly noon today, three of the six slide gates were also closed - bringing gate closures to both wicket gates and half the slide gates.

Water level stands at 776.16, almost 1/2 inch below DNR summer target level of 776.2

Request for More Info

Brian;
I believe many of us follow the RKLD website on a regular basis and would like to read more on the Contested Case Hearing. The daily updates from the hearing made us feel like we were getting our money's worth. Can you post more info from the hearing, and secondly, when will the annual newsletter be sent?
Thanks,
Doug

I have notepads filled with info from the CCH, and I will post more on that, but, keep in mind, I am not an attorney, so my notes are just my observations.

The 2006 RKLD newsletter is being printed and mailed this week. I will post a PDF version on the Meetings and Agendas page.

July 4th Water Level Update

Today's water level is 776.35 - above the summer max of 776.33.

All gates are 100% open.

Happy Independence Day!

We hold these truths to be self evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness

July 3rd Water Level Update

This morning's water level is 776.29. One wicket gate is completely closed, all other gates are 100% open.

One wicket gate was closed yesterday, and then reopened when the USGS gauge at Fort Atkinson stopped providing data.

Lake Koshkonong Fireworks

Hi Brian,
I am a member and live on Blackhawk Island year round. Can you post on the website all of the fireworks dates, times and event sponsors for the 2006 independence holiday?
Thank you! Scot

The annual fireworks show on the lake is scheduled for Saturday, July 8th, on the north end someplace.

The RRKA is the sponsoring association. For more info, contact Frank Micale re: who all contributes to his group to make the show possible.

Rythym and Booms in Madison is tonight, Saturday. Janesville Jaycees' show is Tuesday night at Traxler Park. Not sure when Milton, Fort, Cambridge, Edgerton and other communities host their events.

July 1 Water Level Update

Today's lake level is 776.35.

All gates are 100% open.