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2008AP3170 Lake Beulah Management District v. DNR

By: WISCONSIN LAW JOURNAL STAFF//July 6, 2011//

2008AP3170 Lake Beulah Management District v. DNR

By: WISCONSIN LAW JOURNAL STAFF//July 6, 2011//

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Natural Resources
High capacity wells

The DNR has the authority and a general duty to consider whether a proposed high capacity well may harm waters of the state.

“Particularly relevant to this case, and supporting the DNR’s expansive duty in this regard, the Wisconsin’s Environmental Decade v. DNR court cited several chapters of the statutes, which charge the DNR with managing water resources, and concluded that those statutes act as the State’s delegation of its public trust duties to the DNR. 85 Wis. 2d at 527-28 (citing Wis. Stat. chs. 29, 30, 31, 33, 144 (1977)). This court further concluded that Wis. Stat. § 144.025(1), (2) (1977), which provides nearly identical language to that currently in Wis. Stat. § 281.11 and § 281.12, served as a legislative delegation of the State’s public trust duties to the DNR, specifically regarding its authority to consider the public trust when regulating the chemical treatment of aquatic weeds and algae. Wis. Envtl. Decade v. DNR, 85 Wis. 2d at 527-28. Similarly, we conclude that, through Wis. Stat. § 281.11 and § 281.12, the legislature has delegated the State’s public trust duties to the DNR in the context of its regulation of high capacity wells and their potential effect on navigable waters such as Lake Beulah. After examining the role of the public trust doctrine, we turn to the language of the relevant statutes.”

Affirmed in part, and Reversed in part.

2008AP3170 Lake Beulah Management District v. DNR

Crooks, J.

Attorneys: For Appellant: Laing, Dean P., Milwaukee; Stuart, William Thomas, Milwaukee; Kreil, Jennifer A.B., Milwaukee; For Respondent: Ohm, Judith M., Madison; Sinderbrand, Carl A., Madison; Kent, Paul G., Madison; Neider, Barbara A., Madison

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