Lake district is wise to appeal

Editor, the Gazette:
The Rock Koshkonong Lake District is right to appeal the judge’s decision. He left many questions that only an appellate judge can decide.

We live on the river and do a lot of boating and fishing on the lake and river. We also have a pier that requires a lot of water to float a boat. A few individuals on this lake would like to see the lake turned back into a rice patty. But the majority who live on the river and lake would like to see at least 7 more inches of water in July and August.

We all can live with the lake level drawn down after Labor Day to a point if it would help the lake. The winter drawdown happens too late in the fall. They wait until all amphibians have hibernated for winter. They then draw the lake down and expose them to elements and they perish. It either has to happen earlier or not draw down the lake as much.

But the most important part is that we property owners aren’t the only ones who use the lake. It would benefit all users who enjoy this body of water. So many people come here from all over to use the water for so many different activities, and our migrating friends stop here in the fall and spring and rest for a while. It’s a pleasure to watch all of them enjoy this beautiful water system.

ROBERT HOLTY
Edgerton

Tax to support DNR picks up steam

From the Milw Journal Sentinel

...At the Wisconsin Conservation Congress Meetings April 14, Cobb introduced a resolution to have the Wisconsin legislature enact a one-eighth of 1% statewide sales tax to be used as general operating funds for the Department of Natural Resources.

...As for Cobb's resolution, it will likely appear in the 2009 spring hearings questionnaire. Since it includes elements of money, the DNR and politics, some will want to squash the air out of it, some may want to kick it out of sight. Others may want to carefully deposit it in the goal.

Conflict of interest concerns don't stop DNR donations

From the Milw Journal Sentinel

The Natural Resources Foundation said Wednesday it will donate an estimated $500,000 to the state Department of Natural Resources this year.

The nonprofit group also outlined preliminary plans to raise up to $100 million over 10 years to protect public lands in Wisconsin.

On Wednesday, Charlie Luthin, executive director of the foundation, provided a $221,000 donation to the endangered resources program of the DNR.

The foundation has received substantial funding from American Transmission Co. of Pewaukee, which owns and builds transmission lines in Wisconsin. ATC donates $300,000annually to the foundation.

Questions have been raised in the past about the donations because some of the proceeds from ATC eventually become donations to the DNR, and ATC needs environmental approvals from the DNR for its projects.

Mike McCabe, executive director of the Wisconsin Democracy Campaign, said the donations were not appropriate.

If a dispute over an ATC project arises, he said, "the public will have every right to ask whether the department is pulling punches."

But DNR Secretary Matt Frank said he saw no problem, noting that money comes at "arm's length," from ATC to the foundation to his agency. Franc Fennessy of ATC, a former administrator at the DNR, said the DNR sought changes years ago to ensure that the foundation had separate financing and did not share employees with the DNR.

Luthin said the foundation's funding, including contributions from ATC, plays an important role in protecting the state's natural resources. With that in mind, the foundation is studying the feasibility of a major fund-raising campaign to help support public lands, including those owned by the DNR. Luthin noted that the Legislature's expansion of the land-acquiring Stewardship Fund - from $60 million to $86 million annually starting in 2010 - will open up new lands to state ownership. However, Luthin said it was doubtful the state would have adequate funding to manage and restore habitat, control invasive species and protect endangered species.

_________________________________________________

Yet another example of the DNR being the most political agency in state government.

And $86 million a year for land acquisitions is not enough?

What a Difference 5 weeks make.....

FROM NOAA


Chart from April 18th -

DJ's Shortstop - Milton (Charlie's Bluff)

Another Blog Post HERE

This Memorial Day weekend, Heide and I were on the hunt for a good burger and fries. We hopped on the teal and cream Harley and headed for my old bartender friend Dan's place out Charlie's Bluff way. DJ's Shortstop I had visited a couple weeks ago for a good fish fry. In the spirit of the World Wide Web audience, Charlie's Bluff is an area not far from Milton, Wisconsin in a neighborhood on Lake Koshkonong.

Just as with the fish fry, our cheese burgers were put together with a "thoughtful" presentation. Because I work weird hours in the media world, my afternoon burgers were my first meal of the day. And therefore, because I was hungry I ordered onion rings and mushrooms. I believe the onion rings were beer battered. And the breaded mushrooms really hit the spot. The burgers came with flavored fries as well. There were such a heap of crispy fries we could not finish them.

DJ's is out in lake country. I grew up not far down the road as the crow flies. We finally got Heide out to Dan's. She could not join me when went there for fish. It is a culture we share as she grew up in lake country of Walworth County. With tip and sodas we got out of there for under 25 Bucks.

Give DJ's a try - they are cool with Cool Dadio - I am betting you will not be disappointed. You will find them at 11601 North Lake Street out on Charlie's Bluff off Lake Koshkonong. Call (608) 868-5855 for more information.

Why Bloggers Don't Get Paid - UPDATED

A Janesville blogger pipes-off...

"(RKLD) have put their own self-serving economic benefits and interests as the driving force to over-rule the decision achieved by the DNR's fine balance between economic and environmental impact concerns. "

__________________________________________________

What a crock. Ask Menard's or any other hundreds of WI businesses about the DNR's "fine balance between economic and environmental impact concerns."

In fact, in our case, they steadfastly refused to consider economic impacts.

My guess is this blogger drives a VW van and has his mother send him food money each month.

UPDATE:

How wrong you are, once we the district lose our property rights to special interests others will follow.

Blogger said...I don't understand exactly what you mean but I think the RKLD and the Gazette read far too much into Dillon's extraneous words. The RKLD needs more than an opinion on reasonableness to wrest powers from the DNR.But if you're running on the fear of losing property rights, that's a different story all togeher from the lake level issue.

Anonymous said...
No one is wrestling the DNR’s power away from the Agency.This is more than just a water level issue, it is property rights being awarded to a small special interest group and the rest of the property owners “be damned”What they did was far from being impartial and the Administrative Law Judge completely excluded others property rights, which has great economic consequences, even though it was presented at the hearing.

More Emails Re; the Appeal

To MR Bill Sickler,

You can withdraw from the district, it's called sell and move.

Your Neighbor

Thanks for the info, Brian…I also support the direction that the board has taken regarding the appeal (I didn’t realize there was a meeting until I read the editorial in last night’s paper)…

Daniel J. McCue

Brian,
You have my full support. Hopefully, our case will be heard by judges that will understand our concerns.
Jerry

Feel the Board has made the correct decision and are behind you to continue the appleal process.

Mel & Pat Larson

Dear RKLD Board of Commisioners,

Keep up the good work and fighting the good fight.

Thank you for all of your hardwork.

Sincerely,

Dave Clement

More Public Comments Re: Appellate Court

No!
I believe we have to think of the future cost past the next challenge.

The economy being what it is and with a government that is openly lying about the cost of living being low when in 2007 the COL went up 7.9% (SS went up 2.3%), the resources are not there to pay higher taxes just so some guy from Illinois can drive his 24 ft monster on the river.

If I could withdraw from the district, I would in a heartbeat.

Bill Sickler
Ellendale Road

Another Note to the Board re: Court Appeal

I'm in full support of the boards decision to appeal.

Terry Walsh

Note to the Board re: Court Appeal

Brian, Thank You and the Board for voting to continue the fight.


Being a 25 year elected full time Township Highway Commissioner I understand the considerations that should go into any expenditure of the taxpaying money.


Since its inception I have been pleased with the conduct of the Lake District, those involved have made the right decisions.


We will prevail before its over.


Thanks again,

Rick Burnidge

District to appeal lake ruling

MILTON TOWNSHIP — The debate over water levels on Lake Koshkonong is headed to the state appellate court.

The Rock Koshkonong Lake District Board voted unanimously Thursday night to appeal a circuit court decision upholding a denial from the Wisconsin Department of Natural Resources to raise the lake’s level 7.2 inches in summer and eliminate winter drawdowns.

The district first made its request to the DNR in 2003. Since then, the case has moved through a series of appeals, including a circuit court decision released May 12.

The lake district can continue its battle at little cost to residents, district Chairman Brian Christianson wrote in a press release Thursday.

The district estimates landowners will pay a special assessment of $5 per parcel for the appellate court case and an additional $12.50 per parcel if the case goes to the Wisconsin Supreme Court.

It could be eight months or more before the appellate court releases a decision, said William O’Connor, attorney for the lake district. The two sides will file written briefs with the three-panel judge, and the panel could take anywhere from three to six months to make a decision, he said.

The DNR is not surprised by the lake district’s decision to appeal but believes the circuit court was correct in its interpretation, said Ken Johnson, DNR water leader for the south central region.

Lake District Board Votes to Continue Legal Challenge

Dillon Decision Gives Hope to Fishing and Boating Enthusiasts

The Rock Koshkonong Lake District (RKLD) Board of Commissioners voted unanimously Thursday to continue their fight for amended lake levels they say will improve safety, navigation, fishing and wetland restoration on Lake Koshkonong and the Rock River.

“The Board voted to finish what we started,” said Brian Christianson, Lake District Chairman. “The judicial system rarely sees a case like ours, and for minimal cost, we can get closure to complex legal questions, that so far, are left unanswered.”

Christianson said the board negotiated limits to the legal fees required to move forward to the Appellate Court and possibly further to the State Supreme Court. It is estimated that the special tax applied to each parcel within the lake district boundary would pay an additional $5.00 to cover legal fees for the appellate court, and an additional $12.50 per parcel should the case proceed to the supreme court.

“Government can be a bully sometimes,” said Christianson. “Individual property owners usually give-up fighting with the DNR because the legal fees climb too high. But for less than $20.00 each, the cost to move forward was judged to be a good investment.”

Koshkonong lake district should appeal

Editorial from the

Janesville Gazette, May 22, 2008


We’ve had a change of heart.


Two years ago, an administrative law judge sided with the state Department of Natural Resources and ruled that raising the level of Lake Koshkonong 7 inches in summer and eliminating winter drawdowns were not in the public interest. We then urged both sides to put this longrunning dispute behind them, move on and work together.


But since Rock County Judge Daniel Dillon again upheld that decision May 9, we’ve decided to urge the Rock Koshkonong Lake District and supporters of higher water to appeal. Here’s why.


First, Brian Christianson, the lake district’s chairman, quickly heard from many residents that they want the district to appeal. About one-third said keep fighting; about one-third want the district to move on, and the final third were undecided, he told the Gazette.


Second, the district has already sunk up to $500,000 into the legal battle, and an appeal would cost little more because there are no oral arguments in an appellate court.


Third, Dillon said the court must sustain the DNR’s reasonable statutory interpretation, “even if the court believes that another interpretation is equally reasonable or even more reasonable than that of the DNR.” Was Dillon suggesting the DNR is being unreasonable? Christianson says Dillon’s views seem to leave the door open for an appeal.


Finally, and perhaps most important, if the district doesn’t appeal—and it’s meeting at 6:30 tonight to discuss it—advocates of higher water will never be able to put their frustrations to rest and will always wonder what might have been.


This battle has raged at least since 1979 and continues to pit neighbor against neighbor. The DNR has on its side those who enjoy duck hunting and fear damage to wetlands and other waterfowl habitat. Residents and business owners who want more water will never be satisfied if the district abandons the fight now. Homeowners on a shallow lake that’s a Rock River flowage backed up by the Indianford Dam gaze at docks on dry land and wish they could use their boats. They wonder why they must pay high property taxes for waterfront land on a lake they can’t always enjoy. Businesses bemoan the loss of revenue from summer residents who stay away when water is low.


We only hope that when the legal process is exhausted, the two sides haven’t become so bitter that they can’t set sail together on other projects to enhance the lake.

River restrictions lifted

You can launch your boat on the Rock River in Rock County this weekend, but you’ll have to keep your speed to the minimum on the parts of the river near Janesville.

A slow, no-wake zone continues in Janesville Township and the city of Janesville this weekend, said Tom Presny, the city’s parks director.

“While the river levels continue to drop, some private property, such as docks and shoreline, remain under water,” according to a city of Janesville news release.

The river is open to normal boat speeds upstream from Janesville Township, starting roughly at
Camp Indian Trails, Presny said. The towns of Milton and Fulton lifted their slow, no-wake restrictions today.

A slow, no-wake restriction continues on Clear Lake in Milton Township, however.

We'd Be Back in Court, Even if We Prevailed...

The simple truth behind the board's decision to carry our case forward to the Appellate Court and if need be, to the Supreme Court, is that the DNR would have surely done the same, had the RKLD prevailed in Judge Dillon's courtroom.

The second motivator against stopping the legal effort was the expressed desire by some wetland owners to pursue a summer drawdown. Would the DNR listen to their wishes? The board decided it was a risk not worth betting on.

Even though some may disagree with the board's decision, we hope you agree that we have been 110% transparent, we have been frugal with your tax dollar, and we are passionate about protecting the beauty and value of Lake Koshkonong.

No Summer Draw Down!

Linn Duesterbeck said he would like the lake district to get a grant to study drawing down the lake in summer every eight to 10 years.

--Janesville Gazette, May 14, 2008

Several in our group have requested that we should actually ask for the lake levels to be lowered rather than raised....

...We also believe that the only way that a wetland group will support any raising of levels will be in conjunction with a summer drawdown.

--Attorney Buck Sweeney, May 6, 2003
________________________________

A full five-year time span, and they still show their true colors today.

Today = 778.42

The lake is dropping about 2 1/2 inches per day - should be down to below 778 by Friday.

Memo Re: Slow-No Wake

It is not official until the Rock County Sheriff's Department says it's official though......
______________________________________

Memo

To: Sheriff Bob Spoden, Rock County Sheriff’s Dept.
CC: Ed Marshall, Town of Janesville
Tom Presny, Parks Director, City of Janesville
Rock County Parks Director

From: Evan Sayre, Town of Fulton Chairman

Date: May 21, 2008

Re: Slow No Wake


The high water that we were experiencing has receded to a level we feel allows for the normal operation of water craft in our township. Therefore, I am requesting that the slow no wake restriction be lifted as of the Friday, May 23, 2008.

If you have any questions, feel free to call the Town Office at 608-868-4103.

Thank you!

DNR pushing NR 115 rewrite though Vilas remains opposed

From the Vilas County News Review

County opposition to revised statewide shoreline zoning standards won’t stop the Department of Natural Resources (DNR) from its mission of five-plus years.

Agency officials say they’ll take proposed revisions of the 40-year-old rules in Chapter NR 115 to the Natural Resources Board this summer, the results of which will be subject to legislative review.

If approved, the stricter regulations — including a 20% cap on impervious surfaces — would have to be incorporated into county zoning ordinances within two years.

The impervious surface standards have been the major stumbling block for counties such as Vilas, where waterfront property owners have been allowed up to 30% impervious surfaces on thousands of projects.

Vilas County Zoning Administrator Dawn Schmidt is a leading opponent of the latest draft revisions, saying the proposed process for determining impervious surfaces on lakefront lots is unenforceable guesswork.

Feedback Comments from Oxbow

Brian,
Appeal it.
Gene Ege
N309 Oxbow Bend Rd
______________________________________

Brian
I think we have to take our case as far as necessary.
Stopping now would be the true waste of time and money.
We have invested to much to stop now.
Rick & Tammy
Oxbow Bend.

Lake Levels Keep Dropping

Today = 778.6 ( A Drop of 6 1/2 inches since Friday)

Inflow = 2,620 cfs (7,100 on May 1)
Outflow = 3,900 cfs (8.140 on May 1)

Feedback Continued

Brian/RKLD,
Appeal all the way to the extents of the justice system.

There must be some level in the system where we can get the proper consideration for the Research and the Facts.

We support the lake level battle 110%.

Bruce & Lisa

Aqua Jays cancel Memorial Day shows

You need water for water skiing.

Just not too much water.

The Rock Aqua Jays Water Ski Show Team is canceling its Memorial Day weekend shows due to continued high water conditions. The team was slated to perform their first show of the season this Sunday evening and again on Memorial Day.

The Wednesday, May 30 show is still tentative.

The Rock Aqua Jays perform free water ski shows on the Rock River at Traxler Park twice weekly from Memorial Day weekend through Labor Day weekend. Shows start at 7:00 PM (6:30 PM in August).

Level of Lake Koshkonong affects local economy

Editor, the Gazette:

I own a house on Lake Koshkonong. I spend most summer weekends there, as well as many others during the "off season." I vacation at the lake. I have a small sailboat and never tire of sailing on the lake.

Because of its shallowness, a slight drawdown greatly affects its recreational use. When it's very shallow, I forego weekends there and hope for higher water. When away, I'm not buying groceries or gasoline. I'm not spending in local shops or restaurants. I'm not paying for services in nearby communities. In short, I'm not spending money in lake communities.

Others with second homes on the lake choose activities and destinations away from the lake when its level drops. I love being there as much as possible, but when it cannot be used to its fullest, I look elsewhere to spend discretionary money.

There's a direct link to the lake level and the level of surrounding economic activity. When more people can use it to its fullest, they will.

To paraphrase a line from "Field of Dreams," if you fill it, they will come.

Koshkonong is a powerful economic engine for surrounding communities. In a lake as shallow as Koshkonong, 7 inches can make a huge difference. If the DNR would set the summer level 7 inches higher than the level it has been using, the positive economic impact to lake communities would be significant.

I hope this viewpoint won't be lost on the DNR.

DOUG ELWELL
Edgerton

Make Koshkonong usable for all

Editor, the Gazette:

I've been on Lake Koshkonong since 1949, and I'm tired of having to walk 50 feet to launch my fishing boat because there is no water under my 30-foot pier.

I would remind the smaller hunting group, regardless of its flawed evidence, that this lake has and still is for both fishing and hunting alike.

The environmental impact of a summer drawdown can be detrimental in many ways to this lake.

It's time to stop this foolish fighting and do what the environmentalists and the majority of the people (who pay taxes around this lake) need and want.

DR. BOB KARCZEWSKI
Fort Atkinson

Lake Levels Dropping at Steady Rate

May 1 = 781.14



May 16th = 779.14



That is a full 2 foot drop in 2 weeks.


With Memorial Day arriving early this year, (May 26th), it is likely the Slow-No Wake will remain in effect by the county.

Feedback XI

Brian,
Ellen and I are both for continuing the appeal.


We had to fight the Dane Co "Gestapo zoning Board" to build our lake shore house in 2004 and we won!

Hang in there and raise our apportionment if necessary on the tax rolls.

Someone in the State of Wisconsin has to have more sense that our Illinois Governor Go-blo-a-fish!!
Charge!
Larry

_____________________________

I read that Rock County tourism totaled more than $233 million last year. I have to wonder how much tourism money would drop if the wet ducks get their way. Sure go ahead and drain the lake every 8 to 10 years. I bet that all business owners would love to take a year off without pay and the respective townships would take a year off from collecting taxes also. Yeah sure. Drain the lake every 8 to 10 years, watch property values sink, watch the tax base sink and we have now created our own little sub-prime mess called Wetlands Muck.

Ben

___________________________

UNITED WE STAND, DIVIDED WE FALL!
This is a time to unite and show our support. If we stop now, we lose.


If you believe in higher water, we must take this fight to the highest court if necessary.


This is something we should do not only for ourselves, but for future generations that will benefit from our sacrifices to win this battle.

There should be no turning back. Let's do it! We can win this!

Gene and Pat Tonning

Feedback X

After reading the article, and if it's true that it won't be all that costly, (I hate giving money to lawyers) go ahead with the appeal.

Bill & Connie
__________________

All day yesterday everyone was talking about the BS decision, especially this:

"even if the court believes that another interpretation is equally reasonable, even more reasonable..."

That wording alone makes people want to fight this all the way.

Bob
___________________________


In reviewing comments regarding the disappointing decision from Judge Dillon I am starting to smell some dead fish.


Wetlands member Linn Duesterbeck has been quoted as saying "he would like the lake district to get a grant to study drawing down the lake in summer every eight to ten years.


Wetlands Chairperson Rick Persson is quoted as saying that "as a group, we're not advocating (summer drawdowns) AT THIS TIME." The key words here are AT THIS TIME. Time changes every second, and our time is now.

Please continue the fight.

Check out Public Posts

I must say, the posts HERE at the bottom of the Gazette article provided more information than the article itself provided.

Take a moment to read through the posts. It is surprising to read that there are folks out there who believe Lake Koshkonong is under a DNR fish consumption advisory - it is not an itemized lake, nor is the river, in all of Jefferson/Rock Counties.

And others say the lake district should be attending public meetings on mercury levels, others say the Lake District should focus on improving boat ramps - though nearly every boat ramp is either county property or private property.

Other posts are about our attorneys and their fees and claiming the lake district has bought them new cars and fancy vacations - or maybe it is fancy cars and new vacations.

As the saying goes, everyone hates lawyers...until you need one.

But overall, most folks see the lake district's legal challenge against the DNR as a "David v. Goliath" battle. DNR is arguably the biggest, most powerful state agency in Wisconsin. Their authority and their "deference" rarely is contested.

Until now.

David prevailed over Goliath with a sling - and stones.
- I Samuel 17:50

Rock County ranks 13th in tourism spending

By Stan Stricker
From the WCLO newsroom:

A state study shows tourism spending in Rock County totaled more than $233 million last year.

Janesville Area Convention and Visitors Bureau Director Christine Rebout is pleased Rock County ranked 13th in the state for spending. Rebout considers the ranking good, considering it compares to areas like the "Dells" and the "Home of the Packers".

Rebout says Janesville's location makes it very convenient for travelers, especially those from Illinois looking for a taste of what Wisconsin has to offer.
_______________________________________________

How much does Lake Koshkonong/Rock River contribute to the $233 million tourist dollars? 10%? 20%? Maybe more?

Koshkonong translates into roughly a $46 million asset, likely more.

To add your comments, click

HERE

From the Gazette Blog II

AnkleDeep
May 15, 2008 at 11:35 a.m.
The Lake District must keep fighting the 'good fight' for plus 7.2" of additional summer water level. It's the difference between needing a 300 foot pier or 100 foot pier to safely moor a boat on Kosh.

The following is from the DNR's Pier Regulation information:

Figure 2. Pier Length
A pier may extend to the greater of:

A.) the three-foot water depth, or

B.) where there is adequate depth for mooring a boat, or using a boat hoist or boat lift.

With the existing, meager summer lake levels, how far out do you really need to go with a pier to reach 3-foot of water, enough to moor an average size Koshkonong boat? Does the DNR weigh the safety issues of extremely long piers jetting into navigable waters vs. giving us a reasonable amount of water to float a boat?

I really don't think the DNR took our big lake into consideration when writing their pier regulations. The right hand of the DNR doesn't seem to know what the left is doing, again. The wetlands group?

...it smells of self-serving 'land barron' mentality. It's a worth while investment to let our little Lake District be the giant killers.

Go ahead, fight the 'good fight' for us to the end! Quiting now would be a definite loss.
T.

Feedback Rolls On

Continue the Good Fight
Considering the investment the RKLD has already made in pursuing the DNR through the court system, it would be foolhardy not to continue to pursue all legal avenues. All of the extra taxes assessed so far for the fight would be wasted. As appeals at this level require very little additional cost, we should carry out the process to the Wisconsin Supreme court if necessary.

If Judge Dillon had ruled in our favor, the DNR would certainly appeal and continue to spend our own tax dollars to overturn the decision. The success of this case will set several legal precedents that will weaken the DNR's positions on wetland regulation and property value recognition.

They will not accept defeat and will fight on tooth and nail. If we give up now, it could be another 20 plus years before we can get the momentum to move against the DNR again. Winning the 7" increase in lake level is the first step in improving the quality of the lake for the future.

RKLD Supporter - Wisconsin Tax Payer
__________________________________
You're Got to Fight On!
Anyone who is familiar with attorneys and the legal system knows that one different judge sitting in one different chair can change the course of events of the many that came before them. At this point, what have we got to lose? Take the case all the way up – and with any luck
someone new will be in the chair!
_________________________________
Appeal It!
Amy and I support the continued appeal process.
Larry

Feedback VIII

Brian,

I, like most of the Lake District members, am very disappointed with judge Dillon's decision. I believe we must appeal this ruling as far as we can go.

I would also like to know the details of the proposed LKWA's request for a summer draw down.

Northwest Jerry

Feedback VII

I encourage RKLD to shift its efforts to something that most of us can agree on, such as improving the quality of the water so that the fish are safer to eat.

The state says it may be unsafe for me to eat (as a woman) Muskie in any quantity and more than 8 ounces per month of walleye, pike, and a bunch of others. Eight ounces is hardly anything!

Let's do something about it. Isn't this something we can all support, including the wetland lovers? That way *everyone* feels they are getting their tax dollar's worth.

Catch more flies with honey, you know... I don't mind you raising my taxes, but I don't feel the money would be wisely spent on further appeals.
Happy spring,
Anne
_____________________________________________

Posted by JimP
The carp are being sold for human consumption throughout the US and contain no Heath Advisory.

The original link I provided is this one

http://dnr.wi.gov/fish/consumption/Fish%20Advisory%2007%20PCBs.pdf

and clearly shows that the Rock River & Koshkonong are not listed in the Health Advisory for Human Consumption.

Is there a change that fish may be contaminated in the future, certainly, but for now it is not.

No Summer Drawdown!!

"This lake really only gets used from Memorial Day to Labor Day from a recreation, boating, navigation standpoint, and here you're going to take critical summer months and you're going to drain the lake," he said.

Summer drawdowns would create untold damage to recreation, public enjoyment and fish habitat on the lake, Christianson said.

In fact, one argument for continuing to appeal the case is to not give ground to the wetlands association, he said.

"We know that the minute we lay down, the next step will be for the wetlands owners to call for a summer drawdown."

Feedback VI

Knowing this, and knowing how much we have spent, I don't believe we have any choice except to continue to pursue this.

I can't help but thinking about the guy who tried to get his two parcels out of the District, and had to take his case to the Supreme Court before he won!

At that point, we couldn't justify doing anything from a District standpoint, and let it drop.
Ryan

Feedback V

Today is a difficult day, however, we can not lose site of what we want.

I agree that we need to continue the fight.
Steve Proud

I wonder about the unlikely success if this were appealed further.

It appears that Dillon has focussed on the DNR's long-established mission
to "protect life, health and property" for the general public (including duck
hunters and tree huggers) vs the narrowminded riparians.

In this framework, a higher court is unlikely to overturn the DNR
David

As a long time resident of Blackhawk Island recovering from a 100 year flood record, I write to voice my support for the Rock Koshkonong Lake District.

The RKLD wants to increase the water level on Lake Koshkonong by 7, small inches during the summer dry season. Why would a person living in a flood zone support higher water levels? Because it is good for the environment and helps all who enjoy the lake.

The summer drawdown is supported by the Wetlands Club as they seem to believe that it protects "their" wetlands somehow. I suggest they do as RKLD has done by saving the Indianford dam and put their money where their heart is by building taller rip-rap walls. This would protect them from much more than a small 7 inches as I'm sure the walls are breeched during the regular floods.

Any argument that the level needs to be lowered during the summer lacks common sense. Do they possess a rain stopper? If so why didn't they use it to protect themselves from "invasive" species during the most recent flood?

Koshkonong is a gift to us all. If we need to take this issue to the Wisconsin Supreme court, so be it. Spare no expense.

(Please withhold my name and call if you need to know why).

Feedback IV

We should appeal until all options are exhausted.

Remember what I said about the wet Landers going after the summer drawdown, well now you know its true, we need to fight our rights now, all of you have to remember, we spent literally 100 of thousands of dollars to prove it would not infringe on any ones property rights.

The studies and legal fees to get here were big dollars; appeals won't cost huge dollars and because of the length of time involved we probably wouldn't even need to charge more than the $45 we are already charging.

I also know the people I talk too want us to continue our fight for a more reasonable water level for the summer and not such a drastic drawdown in the winter.
James

Feedback III

Brian,
I am sorry to learn of the decision for the lake owners and users. The legal language is somewhat problematic for a bunny hugger like me but I think I get the message loud and clear, "the DNR is God as far as water and wetlands are concerned (with great deference)"!
Steve

Feedback II

I have been a homeowner at the lake for 15 years and a visitor for decades before that.

In the time your organization has been in existence you have probably purchased several new cars and paid for some nice vacations for the attorney which you employed.

However, the lake level hasn't changed significantly ( a few inches?) during that same period. Comments???

Bill Breitzmann

Feedback I

Here are my thoughts!

We all knew it would be a hard fight but if we give up now I will bet that the next proposal from them will be a summer drawdown and we will be right back in court.

I’m for getting a reasonable set price from the attorneys, no more than 20K from (hopefully less) each firm (after discussions with them of course). I know damn well the people will support it if we can keep the tax reasonable.

With the amount of money we have in research and legal fees it would be stupid not to exhaust all of our options, especially now since the cost to continue is minor compared to what was needed to get this far.

We sure can’t drop out like they did in the Shearer case; hell if they wouldn’t have dropped out we wouldn’t be here today fighting this fight.

The words of the judge from the Shearer VS DNR at the time of ruling were something like this:

“It appears there is no opposition to the stipulation”. Shearer never won the suit; it was nothing more than a stipulation because there was no opposition.

No opposition just the duck hunters and the DNR????????

Jim

Opposing sides see different futures for lake

From the Janesville Gazette

... But at least one member of the Lake Koshkonong Wetlands Association, an organization that supports lower water levels, would like to go a step further. Linn Duesterbeck said he would like the lake district to get a grant to study drawing down the lake in summer every eight to 10 years.

“Wetlands, it’s good for them to drain out and dry up every so many years to actually improve the overall quality of the wetland,” he said.

Occasional drawdowns would regenerate vegetation and allow the district to eliminate unwanted species of fish and repair damaged shoreline, Duesterbeck said.

It could also increase the depth of the lake by compacting the mud at the bottom, he said.

But Duesterbeck’s view isn’t shared by the whole wetland association, Chairman Rick Persson said.

“As a group, we’re not advocating (summer drawdowns) at this time,” Persson said. “There’s not enough study and enough evidence to support that’s what we want to do.”

Christianson called summer drawdowns “completely unacceptable.”

Koshkonong residents divided over next step in court battle

From the Janesville Gazette

.."There is a school of thought from about a third of our constituents that we’ve got such a significant amount of time and money invested in this that we really ought to push this through to a point where we have no further options,” Christianson said.

That would involve taking the case to appellate court and, if necessary, the Wisconsin Supreme Court

From the Gazette Blog

greengina8
May 13, 2008 at 11:52 a.m.

Remove the dam and restore the wetland. The dam is the reason the Rock River is so turbid (dirty looking) downstream. The health of the river will improve if the dam is removed. Restore the area to it's natural state.

Judge upholds DNR in Koshkonong case

From the
Janesville Gazette

A Rock County judge has upheld the DNR and a previous court decision regarding water levels on Lake Koshkonong.

The DNR in 2005 denied a request from the Rock Koshkonong Lake District to raise the lake's level 7 inches in the summer and eliminate winter drawdowns. The lake district appealed the decision to an administrative law judge and, most recently, Rock County Circuit Court.

Judge Daniel Dillon upheld the DNR and the administrative law judge, even though he might have weighed the evidence differently, he wrote in his decision.

"This court, in applying great weight deference, must sustain the agency's reasonable statutory interpretation, even if the court believes that another interpretation is equally reasonable, even more reasonable, than that of the DNR," Dillon wrote

Dillon Decision is Here

On the HOMEPAGE

Sat June 7th MEETING

FISHING BAN
PROTEST

WHERE: Fort Atkinson (at the River Walk from pedestrian bridge east to Legion Dugout).


WHEN: Saturday, June 7, 2008. 10:00 a.m.

WHY: The city council voted to ban fishing on public funded land even though the public was greatly opposed.

Warning: Fishing in the area of the protest may subject the individual to a monetary fine for violating the "no fishing" ordinance. The demonstration is intended to be peaceful and orderly.

The non-profit Rock River-Koshkonong Association (RRKA)* is starting a Legal Fund. The fund will be used to hire a law firm to research the legality of the fishing ban. Donations are welcome.

Send donation to:
Rock River-Koshkonong Association
C/O Fishing Ban Legal Fund
PO Box 413
Fort Atkinson, WI 53538

Monies in excess of research fees and legal charges will be used to improve fishing opportunities in Fort Atkinson.

* In past years the Rock River-Koshkonong Association has donated over $200,000.00 to lake and river improvement projects.