Tuesday, May 13, 2008

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