Friday, December 08, 2006

DNR Press Release

DNR News

Wisconsin Department of Natural ResourcesSouth Central Region Headquarters - Madison3911 Fish Hatchery Rd Fitchburg, WI 53711Phone: (608) 275-3266 TDD: 711
For Release: December 7, 2006
Contact(s): Ken Johnson, Regional Water Leader, Fitchburg: 608-275-3243Sue Josheff, Lower Rock River Basin Supervisor: Fitchburg: 608-275-3305

Lake Koshkonong
LAW JUDGE UPHOLDS WATER LEVEL & WINTER DRAWDOWN

FITCHBURG – An Administrative Law Judge has denied a request to raise water levels and end a winter drawdown on Lake Koshkonong, the Department of Natural Resources announced today.

The decision upholding DNR’s denial of a petition to raise the summer water level 7.2 inches and eliminating the winter drawdown on the 10,460 acre lake “hopefully puts this matter to rest and all parties, publics and citizens will now work together on improving the lake’s water quality,” said Ken Johnson, water leader for the agency’s South Central Region.

DNR’s decision and order is “necessary to protect the public rights in navigable waters and reasonably balances and accommodates….the promotion of safety and the protection of life, health and property,” wrote William S. Coleman Jr., in his 32-page decision dated Dec. 1. The parties have 30 days to appeal.

Mr. Johnson noted “it is obvious that many people care deeply about Lake Koshkonong and its management. This is a matter of great interest to many parties who live near the lake and who use it and the Rock River for active and passive recreation.”

“Like so many issues involving the use of public waterways, the Department must perform a balancing act between what’s best for the wildlife and fisheries resources, habitat and recreation,” pointed out the water leader.

The Rock River Koshkonong Lake District (RKLD) and the Rock River Koshkonong Association (RRKA) had filed a petition with DNR on April 23, 2003, requesting the changes in the agency’s water level order for Lake Koshkonong and the Indianford Dam.

DNR issued a draft Environmental Assessment (EA) in Dec. 2004, analyzing the proposed water level increase and held a public information meeting attended by about 150 people in Jan. 2005 to gather comment and answer questions.

After DNR denied the request, the RKLD and RRKA appealed the agency’s opinion to the state Division of Hearings and Appeals. A contested case hearing lasting 10 days was held in the Division’s Madison office in April, 2006, with the proceedings highlighted by about 600 exhibits and five sets of briefs.

Continued loss of valuable wetlands and harm to aquatic plants and wildlife were the principle reasons why DNR denied the petition, according to Mr. Johnson.

“The most important ecological change for Lake Koshkonong over the years has been the loss of wetlands and submerged aquatic plants. This loss has resulted from the maintenance of higher water levels, increased nutrient loads from the watershed and the introduction of common carp,” pointed out Mr. Johnson.

Average summer water levels of Lake Koshkonong have increased about 1.5 feet over the last 70 years and the “history of wetland loss in conjunction with rising water levels indicates (that) if the summer target water level is raised (by 7.2 inches), there would be a further loss of riparian wetland,” he added.

Lake Koshkonong is a natural widening of the Rock River, located about six miles upstream of the Indianford Dam in Rock County. The lake’s water level is managed by operation of the dam.

Most of the lake is situated in Jefferson County.