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
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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
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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.