RKLD Surreply -- No Basis for DNR Criticism

In any event, criticism of the Montgomery analysis is no substitute for the Department’s obligation to establish an evidentiary basis for a proposed order that considers the:

-- repairs to the dam’s discharge capacity,
-- the relocation of the water level benchmark from the dam to the lake,
-- the elimination of the 6-inch flashboards
-- and the re-determination of the OHWM at least 1.4 feet above that determined when it last modeled the system in 1982.

The Petitioners are at a loss to explain how the DNR can discharge its statutory duty to "protect property" or establish a water level order that serves the interests of navigation and other public rights without developing and using a fundamental tool (a hydraulic model) that addresses the Lake Koshkonong’s situation as it exists now.