Update 10/16/2003: Good news! Shortly after posting our alert AW learned that the bill has been tabled. Rob Smage, an AW member and StreamKeeper, reported that at a public hearing on the 15th, Mr.Gunderson (the author of the bill) cited a multitude of calls expressing opposition to the Bill and essentially ‘pulled’ it. Attendees were allowed to proceed with their ‘testimony’, but it was greatly unclear just what the future of this bill is. After talking with a staffer, Smage reported that any of the following *could* occur:

American Whitewater Opposes Assembly Bill 506!

If passed, this bill would reduce conservation protections and access for hundreds of miles of popular whitewater rivers in Wisconsin, including the Wolf.

Wisconsin’s navigability laws are largely rooted in the Public Trust Doctrine and hold that navigable waters are held in trust by the Department of Natural Resources (DNR).  The courts have ruled that a navigable waterway is one which can float any watercraft even if only for one day a year.  A summary of the existing state navigability law is provided at http://www.americanwhitewater.org/access/navigability/reports/WI.htm.

The proposed change would limit navigable waters only to those which can float a boat for at least 6 months a year.

According to the Green Bay Press Gazette, the legislation is being driven by efforts of developers to circumvent building restrictions, such as property setbacks or new bridge construction, near rivers. Fishing and scouting access could also be threatened under the legislation. Portage and scouting access

The Wisconsin Wildlife Federation is publicizing the fact that the Bill would reduce navigability and remove protections on:

Ø      the Wolf River north of County Trunk Highway A in Langlade County;

Ø      significant portions and the tributaries of the Pine, Pike and Popple Rivers, all State Wild Rivers;

Ø      eighty-five to ninety percent of the streams in Door County;

Ø      the headwaters and significant portions of virtually all of Wisconsin’s

Ø      valuable trout streams;

Ø      in Southeastern Wisconsin, the only streams that would still be  

Ø      protected would be portions of the main stems of the major rivers like the Menomonee, the Milwaukee, the Fox and the Root; and

Ø      significant portions of streams in every county of the state would  

This would be the second serious blow to the public’s ability to enjoy state rivers in the past two years. Just two years ago portage and scouting rights were largely limited to a “keep-your-feet-wet standard (described at http://www.americanwhitewater.org/archive/article/898/).

CONTACT

Rep. Scott Gunderson, R-Waterford, rep.gunderson@legis.state.wi.us who authored the bill that would redefine navigability on state streams; and staff Mike Bruhn mike.bruhn@legis.state.wi.us and Gwen Ohlson  gwen.ohlson@legis.state.wi.us. Call toll free (888) 534-0083.

George Meyer, Executive Director Wisconsin Wildlife Federation.  George is Wisconsin’s former DNR Secretary, and is very involved with leading opposition on this issue; georgemeyer@TDS.net, 608-516-5545

SAMPLE LETTER

Senator Cathy Stepp

State Capitol

Room 7 South  

P.O. Box 7882,

Madison, WI 53707-7882

Representative Scott Gunderson

State Capitol

Room 7 West

P.O. Box 8952, Madison, WI 53708-8952

(888) 534-0083

rep.gunderson@legis.state.wi.us

Re: Assembly Bill 506, Definition of Navigable Waters

Dear Senator Stepp and Representative Gunderson:  

American Whitewater, a national 501.c.3 non-profit, wishes to express to you our strong concern and opposition to Assembly Bill 506 which proposes to establish a new definition of navigability for Wisconsin‘s lakes and streams.

American Whitewater opposes this bill because:

1. The bill removes regulatory protection from thousands of miles of Wisconsin’s valuable streams;
2. The bill violates the “Public Trust Doctrine” provisions of the Wisconsin Constitution; and
3. If instituted, the bill would pose a hardship to the recreational boating community by reducing public access to hundreds of miles of popular river and streams.

American Whitewater provides descriptions at http://www.americanwhitewater.org/rivers/state/WI/ of over 113 rivers in Wisconsin that are important for whitewater recreation.  Despite hundreds of years of use as public highways and for recreation, many of these sections would likely be found non-navigable under the AB 506 and would lose regulatory protection. Further the 6 month standard for navigability described under AB 506 would pose immense legal and Constitutional hurdles to landowners, recreationists, and agencies trying to determine navigability and access privileges. 

Please reconsider your support for this bill. If it truly is imperative to place the definition of navigability into the statutes, American Whitewater supports the Wildlife Federations recommendation to include the definition contained in AB 514. This definition, agreed to by the Wisconsin Legislative Council codifies the Wisconsin Supreme Court decisions on stream navigability determined over the last 130 years.

Thank you very much for your attention to this matter. Please contact me at 301-589-9453 if you have questions regarding this letter.

Sincerely,

Jason Robertson

National Conservation and Access Policy Director

American Whitewater

October 16, 2003

Cc:       Senator Neal Kedzie

Representative DuWayne Johnsrud

George E. Meyer, Executive Director Wisconsin Wildlife Federation

MORE INFORMATION

Wisconsin’s Green Bay Press Gazette recently reported (http://www.greenbaypressgazette.com/news/archive/local_12635691.shtml) that “State protection for thousands of miles of Wisconsin streams could be lifted under new legislation that would redefine what constitutes a navigable waterway.”

Wisconsin Politics

http://www.wispolitics.com/index.iml?Article=1927