The DNR
removed nearly all of its climate change information and webpages Tuesday after I pointed out they had not been updated with Walker initiatives and gave a lot of credit to former Gov. Jim Doyle, so just in case someone at Walker's DNR wants to move, bury, kill or 'updated' this very important DNR page on The Public Trust Doctrine - - Wisconsin's constitutionally-mandated water- protection body of law defining our waters as a commonly-owned resources - - here is the page's unedited content with its historically-crucial explanations:
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 benefitted 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) 267-9868
Last Revised: Tuesday February 28 2012
No comments:
Post a Comment