2009 Letter to Rock County Sheriff that was ignored...

JUNE 10, 2009

Dear Sheriff Spoden;


The notice from the town chairman of Fulton to retain the SLOW NO WAKE (SNW) order for the Rock River - from Lake Koshkonong to the Indianford Dam – until June 12 is a perfect example of the arbitrary and baseless process the town chair has invoked in guiding the county’s posting and removal of SNW orders.

The inconsistent action by the town chair has caused confusion, hostility and limited business and recreational activity at a time when the lake/river level poses no threat to safety or property.

Friday’s (June 5) water level was 778.09 with inflow from the Jefferson Dam having dropped for 4 consecutive days. Saturday’s (June 6) edition of the Janesville Gazette reported that the Rock County Sheriff’s Department had removed the SNW order for the Rock River segment in Fulton Township “below the Indianford Dam” only.

Defining the river located in Fulton Township as SNW restricted and another segment as open and unrestricted only served to invite operation at full speed on both segments of the river. Reasonable people assumed when the river was back below the Ordinary High Water Mark (OHWM), as it was June 5, navigation restrictions were removed entirely and expeditiously.

The lake/river level was dropping by 2+ inches per day leading-up to this past Friday. Even with this weekend’s modest rainfall, levels continued to drop another 3 inches. Inflow from Jefferson that feeds Lake Koshkonong and the Rock River downstream also continued its downward trend. Subsequently, there is/was no justification to continue wake restrictions above the Indianford Dam.

The Rock-Koshkonong Lake District is mandated to file daily reports with the WDNR indicating inflow, outflow, water level and gate positions 7 days a week 365 days a year. We also post the same log reports on the RKLD website for public consumption. In comparison, Fulton Township has no such data monitoring requirements and has no ordinance defining the parameters when SNW should be applied or removed.

Furthermore, today’s (June 8) lake level is 777.66 and dropping. The shoreline is well below the OHWM and less than 8 inches above the level where RKLD has requested a DNR adjustment to their operating orders. Consequently, a lengthy, meritless period of SNW (June 12) adversely impacts the Public Trust Doctrine and the public’s right to recreation.

The RKLD respectfully requests that the Rock County Sheriff’s Department, charged with posting and enforcing SNW orders on Rock County navigable waters, consider immediate removal of the SNW order on the Rock River, above the Indianford Dam, located in the town of Fulton.

In addition, the RKLD offers to consult with Fulton Township prior to their consultation with Rock County, whenever conditions warrant issuing or removing SNW orders.

Brian Christianson
chairman, RKLD
608-884-9444