Note to Board re: SNW Orders

My name is Kenneth Brey.  I am a full-time resident in Mount Prospect, IL, a suburb of Chicago.  Along with my parents and family presently own two river-front properties on the lower Rock River, one at 539 E. Applewood and one at 10427 N Ellendale Rd, Edgerton.

 

I have been a regular summer weekender of the Rock area since 2004.  I own a recreational motor-boat which is registered in Wisconsin and primarily moored and operated on the Rock.  I enjoy cruising the river and lake, waterskiing, and relaxing by the river’s shore. 

 

My family and I have made significant investments in Rock County through acquiring and maintaining property, paying property taxes, and rebuilding after the 2008 flood.  We have invested in improving the Rock River water quality through the new public sewer system along Applewood installed in 2010.

 

I am a Registered Professional Engineer in the State of Illinois.

 

Since 2004 I have been interested in the No-Wake policy along the Rock River because of its impact of my enjoyment of water-skiing.  During an imposed no-wake period it takes about 1 hour to travel upstream from Applewood to a point on Lake Koshkonong which is greater than 200 yards from any shore and where high-speed boating is permitted.  This is equal to 50% of my travel time from Chicago to Edgerton, and is not insignificant.  Also, on all but the most calm of days, the water skiing conditions are actually better on the lower Rock river than they are on Lake Koshkonong as wind gusts as low as 10 MPH can stir serious waves on the lake, whereas only the strongest of winds make significant waves on river.  I greatly appreciate the ability to ski right in front of my dock while making responsible and safe use of the state’s natural resources, and that is why I have been coming here for the last 7 years and plan to continue.

 

I recognize that this river system floods, and that the imposition of no-wake restrictions during times of extreme high water are necessary for boater safety and to prevent incremental erosion damage that would be caused.  I have read the complete hydrology reports provided by the Lake District and have done my own analysis of some of the USGS gauge height and flow data.  I consider that I have a good idea of how this drainage basin and river system works.  My opinion is that the Lake District and Brian Christianson also understand very well how it works. 

This year, on May 27^th, 2011, the Town of Fulton lifted a no-wake restriction after a typical spring flood that had reached 10.07 ft at the USGS Newville gauge.  The daily average water stage on May 27^th was 7.83 ft.  After a busy holiday weekend of boating on the river at a height of 7.8 feet, there were no reports or complaints of shore erosion caused by boating.  That is because the river was well within its banks, and there would not have been any damage had the level been as high as 8.5 feet. 

 

The ordinance before you today seeks to limit this beneficial and constitutionally guaranteed use of our fine natural resources for no justifiable reason by imposing a no-wake restriction at 7.5 ft. 

 

The Town of Fulton has controlled No-Wake imposition through dubious authority delegated by Rock County.  It has a stated policy which it has never followed consistently.  In 2010, the town clerk explained to me in writing that the policy is to remove no-wake when “levels reach around 7-7 1/2 feet”.  This policy was not followed in this case, and should never be followed. 

 

Our river does not rise and fall between binary levels.  It has the potential to stay at any level for long periods of time based on the flow rate into the lake through the upper Rock River.  A nebulous policy such as was stated by the town clerk cannot be relied upon. 

 

I applaud the movement to establish a firm rule which can be consistently enforced and which provides a safe boating environment and protects the shoreline from boat-wake erosion.  However, this rule should be based on science and engineering.  I believe the level in your proposed ordinance, 7.5 ft, is not based on sound engineering and artificially restricts boating for the benefit of people who do not like boats.  I urge you to amend and pass the proposed ordinance with a trigger at 8.5 ft, or to reject the proposed ordinance.