Constituent question re: Dam Operation, Private Property and Trees - UPDATED

We have had a house on Lake Koshkonong for five years. We are on East Lakeside (south west corner of the lake) and we suffered through the historical flood and lost our walkway to the nice beach we had. So we replaced the walkway at our own expense and now, this year we have two massive floods in our wetlands and have lost our lake front completely. We lost all our trees by the lake and one tree fell on our dock and destroyed it also. All the people at this end of the lake has suffered the similar demise. We have all lost trees on our lake front area now--which is another costly mess which the residents in this area will have to take care of.

I have checked the RKLD site and read the recent newsletter. There is an striking absence of discussion about the loss of property and trees of those individuals off the wetlands on the lake because of the problems with flooding and poor control by the dam. I wonder if these losses have even been viewed by the members of your organization.

Given that we are new homeowners, maybe we don't understand the 'history' of the lake sufficiently.

I invite you to visit our end of the lake. You can see the destruction from the public walkway to the lake in the Lakeside Subdivision or walk down our property to our walkway (1231 E. Lakeside Dr). Are there funds to assist landowners that have continual losses over the last few years due to the lake flooding?

It is a discouraging too see our lakefront now, especially the loss of very large trees on our property due to the flooding. Please take the time to come view the destruction.

Thank you for your time,
Linda Laatsch
David Carley
____________________

Linda -
I have sent our scientists out to your shoreline and they will have a report for me shortly. We will be back out again on Thursday sept 2 to view many sites like yours
Thanks for your patience!
Brian Christianson
____________________________

Brian --



We toured this section of the shoreline in April or May via boat. This is a stretch where the shoreline looks like a small beach with forest or forested wetland in the interior -- you can't see the homes from the water, only the trails and some docks. We may have photographs that show Ms. Laatsch's shoreline, but I couldn't identify it for certain.


I don't doubt that they've had tree falls in the last month, not sure what she means about losing the shoreline -- the beach is probably still submerged, but I doubt that it has gone away altogether.

Regarding the issues she raises, first, elimination or control of flood water levels is impossible given the hydrology and hydraulics of the river and the lake, as you know. Second, it is true that this is one of the few areas of private residential shorelines that are not armored against erosion loss, because the high ground is so far back from the lake shore. Putting a breakwater in front of this property may prevent some of the wave driven erosion that leads to tree falls, but could also produce unwanted fine sediment accumulation between the breakwater and the shoreline, unless the breakwater was a long-distance offshore, in which case it'd be quite expensive.

Rob
_______________

Brian, Rob and Jon,

Stan and I were conducting the first half of the lake aquatic vegetation survey today on the lake and went by what I think is the Laatsch property.

They do have a tree or more that dropped and caused damage to the boardwalk and pier. Some other tree drops were also observed in the vicinity but no apparent damage resulted from these.

This is a relatively common occurrence in floodplain forests as these trees have very shallow root systems (pancake roots) that do not go deep and in the sandy substrate at this location, would not be very strong even if they did. When these sandy substrates are saturated or inundated they are not stable and tree drops result.

Stephen J. Hjort
Eco-Resource Consulting, LLC
_______________________

I am not sure exactly where this is but we (Rob and I) did go along the entire shoreline this spring/early summer and did view numerous tree falls along the shore and some were in this area of the lake.

Unfortunately some of this damage and repair/removal comes with the territory of this, and most other lakes, especially in floodplain forest environments. Tree falls are a natural occurrence in this type of shoreline habitat.

Area of complaint regarding flood damage

View Larger Map

Duck Drop at Fins SATURDAY

2 pm at Fins in Newville

Proceeds to benefit Occupaws - dogs for the disabled.

Rhythm on River in Fort Saturday

Jefferson Daily Union

...The annual summer-ending block party is slated for 5 to 11 p.m. in the municipal parking lot between South Water Street East and East Milwaukee Avenue overlooking the riverwalk. Everyone's favorite hits from the '80s will be performed by longtime local favorite APEX from 7 to 11 p.m.

Meanwhile earlier, downstream along the Rock River, the second annual Boys & Girls Club of Fort Atkinson Duck Race will be held at Lorman-Bicentennial Park. Participants are encouraged to arrive at the park starting at 3 p.m. for fun, youth programming information and duck ticket purchases. The race is set for 5 p.m.

July 2010 Rain Articles

From the Milwaukee Journal Sentinel

Lake Koshkonong Level Aug 2010

Aug 1 Lake Level = 781.16

Aug 28 Lake Level = 777.96

Drop of 38.4 inches in 28 days.

Slow/no wake decisions cause waves

From the WI State Journal

...Sup. Robin Schmidt, of Monona, has drafted an ordinance amendment that would set an objective standard for when the slow, no-wake order would go into effect on the Yahara lakes.

...Don Heilman, a Mad-City Ski Team board member, said waves from boats don't cause any more damage than waves from wind, but nonetheless he supported setting an objective standard.

...County Executive Kathleen Falk relies on input from Land and Water Resources Department director Kevin Connors, who considers not only lake levels, but also the amount of sun, humidity and wind, the long-term weather forecast and how water is flowing out of the Yahara chain, spokesman Josh Wescott said.

"One potential disadvantage of setting a certain level is not accounting for the number of factors that can cause lake levels to fluctuate in a short amount of time, potentially leading to slow, no-wake orders being issued for relatively short periods of time which might confuse the public," Wescott said in an e-mail.

Developing a better SNW order

Brian,

While the slow-no-wake restriction application and removal do seem to be inconsistent, I think that it would be wise to have a good discussion with the Town Boards – at a time when everyone isn’t frustrated – about the topic with affected user groups. I think that it would be good to draft a sample policy or guidance as an example of what should be done and make that as a presentation to the Board(s). The problem with the court situation is that you never know what you will get in the end, and even if it is good (which I lack faith in), it severely limits the ability to fine tune the guidance in the future (and no matter what, something will need some fine-tuning in the future). You didn’t ask for them, but those are just my thoughts…

XXX
________________________

Those discussions with the town boards and the sheriff’s department have been ongoing dating back to my 2 terms on the Fulton Town Board. The Town of Fulton already has a “policy” of when the SNW order is enacted, however, not only is their policy far too strident but towns do not have the authority to order Slow No Wakes.

State law gives that authority to counties only, and counties are not allowed to delegate that authority.

So, the legal action RKLD is taking is a required first step to encouraging the county to re-write their ordinance in compliance with state law and hopefully, with input on how best to enact a process for future SNW orders. Below is text from the most recent attempt to work with the county. It was sent June 2009 and RKLD never received a response.


I am sure the process will play out without need for court action.
Best,
Brian Christianson
Chair, RKLD
_________________________

JUNE 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.

Continual flooding on Rock River raises frustration levels

Janesville Gazette

...There’s an obvious explanation for some of the flooding: In the last few years, the Rock River basin has gotten a lot of rain.

Rainfalls near Janesville have topped 40 inches every year since 2006, and rains this year already total around 30 inches, the USGS reports. That’s something of an anomaly, considering that from 1990 to 2005, annual rainfalls topped 40 inches just three times.

...The requirement, like DNR mandates at the Indianford Dam, is designed to keep the river flowing at a natural pace, regardless of manmade barriers.


...Shapiro said the Aqua Jays also plan to publicly support the Rock-Koshkonong Lake District in the district’s ongoing court battle against the Wisconsin DNR.

The lake district seeks to raise summer levels at Lake Koshkonong by 7.2 inches, in an effort to improve boat access, while at the same time eliminating DNR-mandated winter drawdowns at the lake, which send an influx of water south along the Rock River.

“If there’s anything that can be done to better manage and control the water levels, it needs to be done,” Shapiro said. “That’s not just for water skiing. It’s for residents and all user groups along the river.”

Is this Official?? SNW is ordered by the County

Memo


To: Sheriff Bob Spoden, Rock County Sheriff’s Dept.

CC: Ed Marshall, Town of Janesville

Tom Presny, Parks Director, City of Janesville

Lori Williams, Rock County Parks Director

From: Evan Sayre, Town of Fulton Chairman

Date: August 26th, 2010

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, we are requesting that the slow no wake restriction be lifted as of Saturday, August 28th, 2010.

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

Thank you!

FEMA rejects request for individual aid

From the Milw Journal Sentinel

...FEMA guidelines give greater consideration to damage to first floors of homes or above. Basement damage warrants a lesser "affected" designation, and much of the damage to Milwaukee homes from the July 22 storms was to basements.

Lake Koshkonong Graphs from Ken B - Thanks!!

Brian,
I saw your post about the lake dropping slowly, and decided to do a historical comparison with the USGS data archive.

I lined up all of the floods over 10 feet since 1987 as they are receding past 9.5 ft. I also calculated the daily change rate. Both graphs are shown here: (SEE BELOW)

So our current drop rate of -1.6 inches per day is about average. And we can expect to get to 7.5 ft in about 10 more days, unless we get more rain. It is interesting that the fastest drop rate of -3 inches per day was after the big flood of 2008.

Do you have the history of the dates when No-Wake was lifted for these floods? It would be interesting to plot those data points on the same graph.

Ken Brey
_______________________________

Thanks Ken!!

Try using the labels below to fiund past posts on SNW - I have been attaching the lables below to each post we have on the blog over the past 6 years - over 3000 posts and it has taken some time.

Brian

Lake Koshkonong Change Rate

Lake Koshkonong Level as Floods Recede

Will drop below 778 Saturday

Lake Level = 778.21

DNR Summer target - 776.2

Lake Koshkonong has another 2 feet to drop.

With no rain, levels will begin dropping by 2+ inches a day next week as the water recedes from the banks.

Authorities SHOULD have the SNW removed by Monday at the current rate of decline and lack of precipitation - but don't bet on it.

Monday prediction - 777.61

SNW south in Janesville

Good morning Tom,

I’m writing about the river levels again. I understand that there are several jurisdictions involved in either imposing or lifting a slow/no wake order for the Rock River between the Centerway Dam and the Indianford Dam, but I wanted to share some information with you.

On June 25 the City of Janesville and Towns of Janesville, Milton, and Fulton issued slow/no wake orders. At that time the Afton gage showed 7.41; the Indianford gage showed 13.49 and the Newville/Lake K gage showed 8.59.

As of today, August 25, the Afton gage is showing 7.21; the Indianford gage shows 13.36; and the Newville/Lake K gage shows 8.37. These levels are lower now than they were on June 25, yet the slow/no wake order remains in effect.

Furthermore, the forecast for the next 10-plus days looks fantastic…sunshine nearly every day!

On behalf of all of the homeowners on and user groups of the Rock River, I respectfully request that the City of Janesville take the lead and remove the slow/no wake order for the Rock River in the City of Janesville. I believe the townships will follow suit and remove the slow/no wake order for their portions of the Rock River as well.

Please know, too, that we support you and the City of Janesville in efforts to protect shorelines and provide for the overall safety of everyone when the river is high and/or flooded. With very little time left this summer, it is in the best interests of everyone for the river to be open without restrictions as quickly as possible now that the levels have dropped below the June 25 levels when the slow/no wake order was imposed.

You are welcome to forward this message to the townships and the sheriff if you wish.

Thank you for your consideration and your continued support of our organization.

Respectfully yours,

Joel Shapiro
Rock Aqua Jays Water Ski Club, Inc.
President

Lake Koshkonong in No Hurry

Lake Level = 779.07

Still dropping just 1 1/2 inches per day.....

RRKA Corn Boil Saturday

At Sunset
Corn Boil Noon to 5pm
Boat Races start at 1pm - ish.

This is not a RKLD event.

Stay Away August Rain

NOAA

Will SNW Be Removed by Labor Day Weekend?

Tough to say for certain - we need to drop another 16 inches or more for the county to remove the SNW order; and their orders are very ambiguous when SNW is applied and removed.

Here is what has happended in the past 18 days -

August 1st
Lake level = 781.16 - inflow = 7,480 cfs

August 18th
lake level = 779.34 - inflow = 3,740 cfs

Nearly a 22 inch drop.

Labor Day weekend begins Friday, September 3rd; 16 days from today. So, absent more rain deluges, and as the level recedes off the shoreline banks and we begin to drop at a faster pace than currently, we should reach a level to remove the SNW the week leading into Labor Day weekend.

Response/Replies to the Jefferson Newspaper

Chris -
Who was invited to this meeting from the RKLD Board? Who from the RKLD Board attended?

If "anger directed at the lake district" is your copy, then did you bother to ask the questions above?

"Our farms have been here for over 100 years," one farmer said."

The Dam at Indianford has been there for 150 years.

My anger at your elementary level journalism includes the fact that you never bothered to call the RKLD. No one speaks for the RKLD other than the RKLD.

You have called and we have talked on several occasions in the past - I and my phone number are not foreign to you and your employer.

If you worked for me, I would terminate you immediately for gross negligence.

Brian Christianson
www.RKLD.org
608-884-9444
__________________________

Hi Brian,

Thank you for the e-mail.

While I understand your frustration, I think it is misdirected. If you are upset about the board not being specifically invited, then you should contact Dennis Kutz.

Chris Welch simply covered what was said at the gathering. This was not an instance in which Chris was writing an issue-oriented story and was calling both sides for a point-counterpoint. He simply wrote about what was said and the farmers' comments. It is no different than covering an annual meeting or a town board session ... he just reported on that event.

We have written many stories about the dam, lake level and RKLD through the years and this is the first time I have heard the farmers' concerns. I found it newsworthy. That's why Rep. Jorgensen advised that they speak up at the RKLD meetings.

I would suggest that you write a letter to the editor responding to their concerns, as well as contact Dennis Kutz directly and talk with him. We would be happy to write about future discussions you both have on the matter.

Thanks much,

Chris

Response to Jefferson Newspaper Article

Brian,
After reading with some amusement and some disgust the newspaper article about farmers against high water levels, the DNR once again did not do their job by not giving them all the information about what the dam really controls, maybe it's time to publicly to call them out and question them!

Why didn't Ms. Joesheff explain the spillway of dam at Indianford is below the lake level and the dam is nonexistent when we have too much rain?

Maybe she just forgot to tell them that even WHEN the Supreme court rules in favor of the lake district (which by the way is representing the people of this state against out of control BIG GOVERNMENT) and that their farm fields won't be under water, that they should be working more on keeping their run off from polluting our public waters!

Why would these people go out of the way to have a meeting and waste everyone's time without doing their home work, when they would have discovered that nobody, the DNR and Lake District can't fight Mother Nature. The farmers in the Lake District that quit going to meetings to understand how and what affects water levels, then bitch about it, shame on them!

The best example to answer annoying questions on what's going on and still wants to blame the District about high water, is to tell them to travel HWY. 59 and see all the high water that's been there since 2008 and just continues to go up every time it rains along HWY.59, Grass and Clear Lakes.

Do you think maybe there is a secret dam on Clear lake and it isn't being properly operated???

Or does that dam at Indianford control those 2 lakes also,what about lake Michigan, I heard that might be controlled by that dam in Indianford? Mike...

Farmers oppose lake-level hike

From the Jefferson County Daily Union

...About 30 farmers, Rock-Kosh­konong Lake District members and other affected residents met at the Dennis Kutz farm along Curtis Mill Road to talk a­bout continued high-water prob­lems with the Rock River that have been having a damaging economic effect on area crops and other agricultural uses.

...Josheff also commented on the rainfall the area has had lately.

"I looked at the rain gauges on the Indianford Dam and the one up in Milford," she said. "Over the last four months, the rain gauge at Milford had about 34 inches of rain; the one at Indianford had about 24 inches of rain. The average rain for Fort Atkinson is 34 inches annually. Milford just got 34 inches in four months, so that tells you we have gotten bigger rainfalls, and there is not a lot we can do about that."

...Some farmers who are part of the lake district said they stop­ped attending the RKLD meetings because they felt "drowned out" by the residents around the lake.

Eagle eye on Wisconsin's Rock River

Koshkonong eyes channel buoys on section of Rock River

From Jefferson Daily Union

...The Town of Koshkonong Board of Supervisors on Wednesday took action that might lead to the placement of channel marker buoys in the Rock River.

"Tonight we authorized the board to make an application for channel markers," Town Chairperson Tim Griep said. "There is a shallow, sandy bar area in the Rock River along Highway 106 that is a concern to us."

Rock River: The Black Hawk War

Lincoln and the Rock River

The Rock River still flickered in Reagan's memory

Follow-up re: Blackhawk Island Concerns

Dear Mr. Christianson,

Thank you for your response to my email.

Let me clarify; though my property has been in my family since 1970, I have been the owner for less than two years. I follow the information presented on the RKLD website. I'm sure a personal visit to one of the RKLD meetings would be much more educational. Unfortunately, my work schedule has not allowed it. I am somewhat familiar with the situation on Blackhawk Island, but I'm hoping to better inform myself at this time. I am attempting to find the answers to my questions, which is why I've contacted you among a few other involved individuals. Of all of those I've contacted Mr. Christianson, your response is most interesting.

For the record, my father protected our the shoreline there with riprap which he installed years ago with the permission of Jefferson County and the DNR. I have the paperwork if you, or anyone else, would have any need to review it. It's not my shoreline I'm concerned with. There is plenty of land on Blackhawk Island that is now government owned, as well as private property in low areas where water regularly is gaining access, in ways and at times, it has never done before.

The area of Blackhawk Island was declared to be within a floodplain after my father purchased the land, dumped thousands of dollars worth of fill on the property to raise it, and had already begun construction. No one is asking for taxi service, just egress to their own property....I'm sure you can understand that Mr. Christianson, just things any average resident might expect. I recognize and appreciate that emergency teams were available during the 2008 flood, but isn't it a shame that there may be an ongoing need for similar intervention more regularly, especially since that incident?

I thought that with your role within the RKLD and the fact that tax dollars from property owners on Blackhawk Island pay into that organization, you would have some knowledge, expertise, or insight into the direction things are taking specifically in regards to that area. Clearly, I was mistaken. I apologize for my ignorance, and taking up your time.

Have a wonderful day!

Sincerely,
Donna Panico
_________________________

Dear Ms. Panico –

As I review your previous email and the answers I provided, I am hard pressed to find where your concerns were not addressed.

Blackhawk Island is deemed a floodplain and there are risks with being allowed to build in such a zone (i.e. the need to add fill, as your father appararently needed to do to raise the land and the building that would rest on it). Did he not accept the risk, even as he spent “thousands of dollars” to alter the natural elevation of his parcel?

Your comment, “in ways and at times it has never done before,” can be attributed to the crazy unpredictable behavior of Mother Nature. It can also be attributed to the fact that Lake Koshkonong is part of a 2600 square mile watershed – the largest watershed in the Midwest and nearly as large in geography as Yellowstone National Park.

There is no denying that we have more rooftops, more driveways, more parking lots, more sidewalks – more impervious surfaces in the watershed than ever before. But that will happen with civilization and human activity. You and I both contributed to that fact when we built our homes here.

Knowing this, what is your question again?

Egress to personal property on Blackhawk Island should be protected by whom? The RKLD?

I would suggest that the road into and out of Blackhawk Island is the responsibility of your local town and county government.

And thank you for your apology. We are all busy with work schedules. Fortunately, there are those who are so passionate about protecting Lake Koshkonong for all user groups, that we volunteer our time to serve on the Board of Commissioners, and still manage to provide for our families. We don’t limit our time given to constituent questions, we just add to it.

Brian Christianson
www.RKLD.org
608-884-9444

Boaters rescue six from river

From the Janesville Gazette

...The incident started just before 6:44 p.m. Thursday, when the Town of Beloit police and fire departments and two deputies from the Rock County Sheriff’s Office responded to a call for six people in the Rock River.


The three adults and three children were getting out of the boat near a sand bar south of Townline Road near the Heron Bay subdivision, according to a news release from the Town of Beloit Fire Department.

The sand bars, which are in a wide bend in the river, are popular spots for boaters, said Town of Beloit Officer Janelle Jurkiewicz.

A near perfect summer for dragonflies

From the Milwaukee Journal Sentinel

..."Most of our flooding and heavy rains usually occur earlier in the spring or summer like May or June, which is early for the dragonflies to emerge," said Holleback. "But the flooding happened at the end of July and early August when they were emerging. It makes sense that we just timed the dragonfly hatch to go along with the influx of mosquitoes this year."

RESPONSE Re: Blackhawk Island - Flooding Concerns

Dear Ms. Panico –

You have asked a great many questions and since nearly every one has been addressed either at monthly board meetings, the annual meetings, the public workshops and/or the RKLD website, it is evident that despite your 40 years of experience on Blackhawk Island, you have not taken time to find those answers to your questions.

First, state law does not allow the Lake District to sponsor shoreline riprap for residential homeowners, as it does for wetland shorelines. So, protecting your shoreline property is the responsibility of each property owner.

As you stated, Blackhawk Island is famous for its flooding. And being in the floodplain (as designated by FEMA), residents live with the consequences. Certainly you are not asking government to provide a water taxi service to residents when the consequences of living in a floodplain are realized? The responsibility of your safety during traditional flood periods are your own, and in 2008 when record floods arrived, local, state and federal emergency teams were indeed in your area helping with those safety concerns.

Second, I will refer you to the blog link regarding your question on if the dam is being operated properly;

Are the Gates Open?

The spillway at the Dam is at a lower elevation than the elevation of the lake - which means, the ONLY time the Dam is holding back water in the lake is when the lake is at extreme LOW level.

Right now, the Dam is acting as though it is not even there - the river is flowing free over the top of the spillway and through open gates.

I trust now that you understand that RKLD and the Dam has no impact on high/flood water - you will pass on these facts.

You are correct to say that “it seems that a lot of emphasis is placed on boater's rights, duck hunter's rights, fish & plant species, water front property owner's rights in relation to water levels, etc…” That is exactly the mission of the RKLD to protect and improve Lake Koshkonong and the Rock River for all user groups.

We operate within the bounds of WI State Statutes and Chapter 33. Government has limited reach into property above the OHWM -- whether it’s private hunting clubs or private homes such as yours on Blackhawk Island. Private property is largely private and its safety and protection against flooding is largely the owner’s responsibility.

Brian Christianson
http://www.rkld.org/
608-884-9444

Email Regarding Blackhawk Island Flooding Concerns

Dear Mr.Christianson,


I am a property owner on Blackhawk Island. The property I own has been in my family since 1970. I was down to our home yesterday, barely I might add; and I was blown away by the amount of flooding we are experiencing once again.

In years passed, this was a "spring thing." Since the summer of 2007 it seems to be a situation that occurs on and off year round. With all of the talk of building islands on the lake, when do the powers that be think they might do something for the remaining property owners on Blackhawk Island?

It's obvious we are not high on the priority list, but something is going on down there that has changed the landscape significantly, especially since August of 2007. Though the water table has always been high in that area, and we've had our share of rain this year, the rain we've experienced most recently does not explain almost a foot of water on some areas of Blackhawk Island Road in such a short window of time.

According to some residents I spoke with yesterday, the water level was much higher earlier last week. My greatest concern is for some of the elderly residents of the area should they ever need an ambulance. In the dark of night, there would be no safe way to assist them without jeopardizing the lives of the responders. It would also be nice if residents could get their mail delivered regularly, and if "Johnny's" mom could get out to the grocery store to get some milk for his morning cereal.

It seems that a lot of emphasis is placed on boater's rights, duck hunter's rights, fish & plant species, water front property owner's rights in relation to water levels, etc. The citizens of Blackhawk Island pay taxes and spend money in the community too. Isn't their safety, and the protection of their property a concern to the governing authorities as well?

A lot of good it does raising your house, when you can't get in and out on the road located in front of it, except by boat.

I guess my additional questions are...Are the dams being manned and operated properly? It seems that we have no control over the water levels as they impact the area of Blackhawk Island and other surrounding areas.

I hate to sound simple minded and cynical, but what good does money being thrown at engineering studies for islands to control erosion along the lake accomplish, when we still can't seem to control the level of the water in these low lying areas?

Could the river be dredged, and the fill recovered from there be placed on the land that continues to so rapidly erode.

I'm just a concerned, tax paying citizen and I was hoping for some answers & insight to the direction that specifically the area of Blackhawk Island is heading. Can you help me?

Sincerely,

Donna Panico

A Sloowww Drop.....

Belleville Project

From Village of Belleville

ISLAND ENHANCEMENT AND HABITAT CREATION.

Dredge material will be placed around the existing lake islands to enhance the islands and create additional rare forested floodplain habitat areas. These materials will stabilize existing islands, made weak by sandy and shallow conditions.

Lake Decatur and the Sangamon River

Lake Decatur is a 2,800-acre (11 km2) reservoir located in the city of Decatur, Illinois, east of downtown. The city and lake both share the name of U.S. Navy Commodore Stephen Decatur. The lake is 613 feet (187 m) above sea level. Lake Decatur has a watershed of 925 square miles (2,396 km² or 592,000 acres) spanning 7 counties. The largest lake on the Sangamon River, it was created in 1920-1922.[1]

In the years since its completion in 1922, the aging Lake Decatur has suffered from extensive siltation problems. It was designed to sit atop relatively flat prairie land, and is vulnerable to deposits of silt eroded from farm fields in the 925-square-mile (2,396 km2) upper Sangamon River drainage area. From 1923 through 1983, Lake Decatur lost an estimated 35% of its designed storage volume.

Although this trend has since been slowed by ongoing dredging, as of 2004 Lake Decatur was described as having an average depth of only 8 feet (2.4 m). 2008 rainfall replenished lake levels although the dredging operations have failed to stem the loss of reservoir storage capacity; city officials considered, but ultimately decided against, constructing a second reservoir for water storage purposes.[2]

The Sangamon River is a principal tributary of the Illinois River, approximately 250 miles (402 km) long, in central Illinois in the United States. It drains a mostly rural agricultural area between Peoria and Springfield.

The Sangamon is impounded in Decatur to form Lake Decatur, constructed in 1920–1922 to provide a water supply for Decatur. This lake, formed by damming the main stem of the river, with no control over upstream land uses, has had major problems with siltation and agricultural pollution. The lake often has excessive nitrate levels from agricultural runoff.

Impoundment Dam in Grafton

News from Grafton

Jefferson County 2010 Flood

Blackhawk Island Road Photo

ROVING RIVER - Mid-summer rains have pushed Jefferson County-area rivers and lakes much higher than usual. Pictured are scenes of the flood's impact around Jefferson County. Above right, a private driveway off Blackhawk Island Road has become more of a moat.

Daily Union photos by Brian Knox II.

Interesting Article about DNR Authority

From the Lakeland Times

...The Tom Baer pier case makes this point explicit. In that case, the DNR hounded Mr. Baer for having piers they claimed interfered with the public's rights in navigable waters.

Baer said they didn't, but, in any event, he claimed the agency had no jurisdiction because the rule governing piers required a complaint from a third-party for the DNR to act. There had been no complaint, just DNR intervention.

The DNR, however, said it wasn't bringing the complaint under the specific requirements of the rule, but under a general Public Trust grant of authority found in state statutes.

Ultimately, the courts threw out as silly and baseless the DNR's claim that the piers interfered with navigable waters, but along the way the agency's jurisdiction was upheld.
 Though the rule's language may have precluded the DNR from applying its specific provisions to the Baers' piers, the court ruled, nothing in the rule precluded it from bringing an action to halt a "possible violation of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters."

The DNR maintained, and the court agreed, the agency had not only a statutory authority but a statutory duty to proceed against the piers if it believed them to be a Public Trust violation.

Turkey Vultures

Is Janesville becoming the City of Vultures?
By GREG PECK
Thursday, August 13, 2009

"They're gross," my Gazette carrier told me.

"Bring your gun," a woman in my neighborhood told me.

I was instead shooting photos of the big black birds during my recent furlough. They're turkey vultures and have red heads. 

More of these vultures seem to be around here every year. They soar with wings outstretched in evenings and congregate atop large pines.

So what are they doing here? My guess is the lure of the landfill is too great.

City staffer Peter Riggs acknowledges that might be one possibility.

"I'm not sure where they feed," he told me by e-mail. But then he added, "We do have several that frequent the landfill, so it is reasonable to assume that is a food source for them. I know that Lake Koshkonong has numerous turkey vultures that feed off washed-up dead fish. So perhaps the local flock is feeding off the Rock River. This is pure spectulation."

Riggs says those by Lake Koshkonong have a bizarre roosting habit.

"About 30-40 of them fly in just before the sunset and roost in a large dead tree just off of the Mounds Country Club Golf Course. It is an eerie but interesting sight."

The birds are found throughout North America and have some disgusting habits. Their keen vision and sense of smell help them detect the gasses produced by the dead and decaying animals they feed on. They defecate on their own legs, evaporation in the feces or urine helping cool them. They feed their young by regurgitation. They also puke up semi-digested meat, a foul-smelling substance that deters most potential predators that might raid a nest. These puke balls, by the way, annoy my neighbor who wanted me to shoot them with a gun, not a camera.

Still, the birds have few predators. They do roost in large "community" groups, and flocks can grow into the hundreds. The Web site here says they generally raise two chicks each year. At that rate, how long before Janesville has hundreds?

Koshkonong Dropping VERY Slowly

Sunday 8-1 = 781.16
Today 8-5 = 780.89

Decrease of only 3.24 inches

Pray Mother Nature does not repeat August 2007

Record Rain August 2007

APPEALS COURT WANTS SUPREME COURT TO DEFINE DNR’S ‘PROTECT PROPERTY’ MANDATE

(Rock-Koshkonong Lake District, et al v. DNR)

Does the DNR’s mandate to “protect property” when considering water level decisions includes the economic effect on property values, business income and public revenues in the surrounding area? That’s the question the District IV Court of Appeals has certified to the State Supreme Court.

The case at hand focuses on the Rock-Koshkonong Lake District request for the DNR to raise water levels on Lake Koshkonong. The DNR denied the petition even though the district offered to prove raising the water level would economically benefit lake front property owners, lake-related businesses, and local municipalities. The hearing examiner excluded that testimony by concluding evidence of “secondary or indirect economic impacts” was inadmissible under Wisconsin’s Environmental Decade v. DNR. The DNR’s decision was affirmed by the Rock County circuit court.

Each Lake is Different....

Lake Puckaway

...Although a natural lake, Puckaway Lake has a small dam eight miles downstream. The Princeton Dam was built by the Army Corps of Engineers in 1897 in an effort to provide water deep enough for commercial freight steamers.

It was soon realized that plans for a transportation channel on the upper Fox River was never going to be feasible and the attendant lock was decommissioned by 1922.

Now under the control of the Wisconsin Dept of Natural Resources, what remains of the dam is controlled by 18 inches of stop-boards adjusted to raise water levels in the spring and lower it in the fall. These adjustments assure the correct water depth for nesting waterfowl and deep enough water to accommodate all outboard motors.

Lake Geneva pier battle stands in judge’s hands

From the Janesville Gazette

...He said the city cannot deny it amended its ordinance just because it added a subsection and gave it a different number.

“The city promised Marina Bay they could have a longer pier if the city ever amended its pier-head ordinance. … There was an amendment to pier-head ordinance. … I don’t understand how it could be considered anything other than an amendment,” he said. “I don’t think you have to amend by specific number to amend it (the whole ordinance).”

____________________________________

A 100 feet pier would be considered short on Lake Koshkonong...Yet another example of how we are NOT trying to become "another Lake Geneva." We WANT shorter piers here.

A (cleaner) river runs through it: Volunteers help clean banks of the Rock River

From the Janesville Gazette

...The effort was supposed to be a part of an effort all along the river’s 288 miles, from the Horicon Marsh to the mouth in Rock Island, Ill., but most areas called it off because of dangerous floodwaters, Peterson said.

Question from the Annual Meeting _ UPDATED

Hi, my name is Rich Plywacz, I was wondering if you could tell me the name of the lake up north, where they were granted permission to raise water level.

My next question is, why you did not recognize my hand,July 24th at the end of the meeting. I must have raised it 5 or 6 times ?

Do participants that want to speak, or ask a question are they limited to time, or number of questions, or comments?
________________________

Mr. Plywacz -

If my memory is correct, you spoke from the mic several times. I even had our hydrologist answer your questions directly, and although you did not seem to agree with the experts in this field of science, I continued to let you speak.

As in all government meetings, the chair reserves the right to limit time and/or frequency granted to each individual. No other individual spoke as long, or as frequent, as you.

I permitted this because your questions were reasonable and thoughtful. However, you were also asking questions that previous annual meetings have addressed in great detail. So, to be courteous of others in attendance, and their time, the chair moved forward with the agenda.

Attached are 2 files – the WORD doc is the RKLD, the PDF doc is the WDNR reply -- both are directed at the Appellate Court from April 1st of this year.

Brian Christianson

Chair, RKLD

http://www.rkld.org/
608-884-9444

____________________________________

UPDATE:

Well I just want you to know, the last comment I was going to make at the Annual meeting, was that I thought the RKLD board was doing a fine job. I know people never agree on everything, but there has to be leadership. I thank you for the your time, sending me the info on Eagle Lake.

Rock Aqua Jays unable to host show ski nationals

From the Janesville Gazette

...This is the second time in three years the team has had to relinquish hosting responsibilities as a result of flooding. The economic impact of the tournament has been pegged at $2 to $2.5 million by the Janesville Area Convention and Visitors Bureau.

Note From Rock Aqua Jays

Hello Brian,
I am writing to let you know that I read the blog post where Keith Ruud stated the following: “I suppose its so they can water ski down in Janesville.”

Such a statement is absolutely absurd. We are keenly aware that the gates have been open for the last two years and that the water is currently going over the top of the dam. We also know that the Indianford Dam is likely the most scrutinized dam in the state and would never ask that the RKLD operate outside of parameters set forth by the DNR except under extreme or emergency circumstances.

I want to go on record that the Rock Aqua Jays Water Ski Club, Inc. supports the Rock-Koshkonong Lake District in its efforts. Furthermore, we are taking the lead in organizing homeowners and other stakeholders from the Indianford Dam to the Centerway Dam (in Janesville) in an effort to find out why the river is constantly high/flooded and how we can resolve it.

Many of our own members, friends, and families own property on the Rock River between the dams. We are all frustrated with not being able to utilize the river due to continuous slow/no wake orders without any kind of guidelines for imposing such orders. Furthermore, we are frustrated with the amount of tax money the DNR is wasting in fighting the RKLD’s efforts with regards to Lake Koshkonong. We are also questioning the whether or not North American Hydro (operator of the Centerway Dam) had permission or the legal right to add an extra level of boards in the spillway at that dam.

If you have time in the coming weeks, I’d like to meet with you to discuss how best to organize the homeowners and other stakeholders to create an association to deal with the challenges we face on the portion of the Rock River between the Indianford and Centerway Dams.

Kind regards,
Joel Shapiro
Rock Aqua Jays Water Ski Club, Inc.
President

____________________

Joel –

We LOVE the Rock Aqua Jays and residents here will appreciate your note.

Also, I can’t tell you how many times I get asked about inviting the Rock Aqua Jays to the Lake/Newville area for a special performance.

You and I have talked about that through the years, as well as relatively recent talks with Gerry. The Aqua Jays are a treasure to our region and Traxler Park provides an unrivaled amphiteater atmosphere - it is just a shame Mother Nature keeps hitting us with unseasonal weather that causes us to postpone conversations about brining a show upstream.

Let us know when you would like to meet.

Your riparian neighbors to the north.

Brian
Chair, RKLD.org

Koshkonong has Crested

Yesterday
lake = 781.16
inflow = 7,480 cfs
outflow = 8.380 cfs

Today
lake = 781.1
inflow = 7,340 cfs
outflow = 8,230 cfs

Gates and Flooding

Brian,

To underscore your point in the last blog post, we are currently experiencing 8,230 cubic feet per second (CFS) of water passing over our dam at Indianford. Normal for August 2 is 643 CFS.

It’s happening because we had a much wetter July than usual, and then we were slammed by 6” or more of rain over a gigantic area.

The Rock river drains a third of Southeastern Wisconsin and every drop of rain eventually comes past our dam.

Ken Brey