The Wisconsin Department of Natural Resources has redone its
departmental website, and that electronic reconstruction apparently rendered links inoperable I'd created for previous blog posts about the all-important
Wisconsin water-preservation portion of the State Constitution known as the Public
Trust Doctrine.
So here's a fresh link, plus the full web page content verbatim, titled "Wisconsin's Waters Belong to Everyone"
for your consideration - - especially in light of the Assembly's bad mining bill (still alive, under
the radar) and the wetlands deregulation bill that passed a couple of
weeks ago and which will lead to filling and construction in some
Wisconsin wetlands.
The web page quotes from a pivotal Court ruling that gets to the heart of the matter:
"A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin State Supreme Court justices in their opinion resolving Hixon v. PSC.(2)
The Public Trust Doctrine
Wisconsin's Waters Belong to Everyone
Wisconsin lakes and rivers are public resources, owned in common by all Wisconsin citizens under the state's Public Trust Doctrine. Based on the state constitution, this doctrine has been further defined by case law and statute. It declares that all navigable waters are "common highways and forever free", and held in trust by the Department of Natural Resources.
Assures Public Rights in Waters
Wisconsin citizens have pursued legal and legislative action to clarify or change how this body of law is interpreted and implemented. Watch how their efforts have benefited all Wisconsinites: "Champions of the Public Trust" [VIDEO length: 28:02]
As a result, the public interest, once primarily interpreted to protect public rights to transportation on navigable waters, has been broadened to include protected public rights to water quality and quantity, recreational activities, and scenic beauty.(1)
All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses.(2)
Wisconsin law recognizes that owners of lands bordering lakes and rivers - "riparian" owners - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public's rights are primary and the riparian owner's secondary.(1)
What are Wisconsin's stream and lake access laws?
Wisconsin's Public Trust Doctrine requires the state to intervene to protect public rights in the commercial or recreational use of navigable waters. The DNR, as the state agent charged with this responsibility, can do so through permitting requirements for water projects, through court action to stop nuisances in navigable waters, and through statutes authorizing local zoning ordinances that limit development along navigable waterways.
The court has ruled that DNR staff, when they review projects that could impact Wisconsin lakes and rivers, must consider the cumulative impacts of individual projects in their decisions.
"A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin State Supreme Court justices in their opinion resolving Hixon v. PSC.(2)
Sources:
(1) Quick, John. 1994. The Public Trust Doctrine in Wisconsin. Wisconsin Environmental Law Journal, Vol. 1, No. 1.
(2) "Champions of the Public Trust, A History of Water Use in Wisconsin" study guide. 1995. Wisconsin Department of Natural Resources Bureau of Water Regulation and Zoning. Champions of the Public Trust - PDF 1,390kb
For more information, contact:
Dale Simon, Waterway Protection Section
Bureau of Watershed Management
(608) 267-9868Last Revised: Tuesday February 28 2012
Must be new regulations for cleaning up Wisconsin's digital environment, for the sake of better better Department transparency. Without enough staff to keep up with the natural environment or genuine leadership nod toward the public interest, I'm not surprised that this was an apparent priority.
ReplyDeleteThanks for your continuing vigilance and timely information.
Thanks, James, for your diligence on this and the other environmental issues on which you keep us so well informed.
ReplyDeleteWhen I heard the DNR website had been updated, I feared that the Public Trust doctrine information would find its way to page 11, or off the website altogether. Great news and a great relief to know it is still there, a proud standard of a state that once led the way in big progressive ideas and a reminder to her citizens of today that we can yet restore Wisconsin to its former greatness.
PS: I was also relieved to find that the page does not contain any disclaimers such as "Sponsored by Goegebic Mining" or "Made Possible by a Generous Donation from Koch Industries."