| Anthony J. Gromacki, Chairman
W62 N215 Washington Ave.
Cedarburg, WI 53012
On July 16, 2013 the Supreme Court of Wisconsin ruled on the Rock-Koshkonong Case. They sent it back to the lower courts, in this case Rock County. The Lower Court must consider the economic impact on the properties. They also stated that the DNR has no authority past the OHWM, under the State Constitution, however they can regulate wetlands outside the OHWM under the Wis. State Statute 281.
These are the meeting minutes from last Wednesday. I didn’t write down who said what as hard to do in a teleconference, so just look at content. If you like me to add something or adjust please let me know. Once approved, I’ll post them on our website.
Teleconference Wednesday April 14th at 4M. Those that called in: Bruce Bowden, Colin Rayford, Doug Crane, John Kannard, Bob Winat, Dennis Green, Mike Hess and Tony Gromacki
Topics that were discussed:
Lake Bed Issue: It was discussed that if a Lake was not meandered during the Original Survey of the State that the underlying fee of the Lakebed was owned by the Riparian owner. We discussed that the DNR’s Attorney opinion is that the State was given all Lakes at the time of Statehood. Someone brought up that we must check back to the original patent to check this. The opinion that the public received the right to use the Water not the bed of the Lake in Trust was brought up. We thought that with the new Administration in Power now would be a good time to ask for a Attorney General Opinion on this Issue.
Meandered Rivers and Streams: It was discussed that Just because a River was meandered that the Riparian owner may still own to the centerline of the River. Again it was brought up that you should check the Patent of the Property
Severability Issue: We discussed that we should contact Renee Power to get DOA opinion of if an intermittent stream or perennial stream would have to severe a property. Someone brought up it doesn’t matter if it is one of the two, a stream is a stream. The real issue was if the stream was deemed Navigable. Again we discussed the issue of bad determination from the DNR on Navigability. It was discussed that some communities or Municipalities and a Statement in their ordinances to make it clear they don’t recognize the severability issue.
CFM: It was brought up that the Association of State Floodplain Manager’s is started up a Certification program. We just wanted to find out how this would affect Land Surveyor’s.
Position Paper: We felt we had discussed alot of good topics. It was brought up that we should start a WSLS Water Issues Position Paper on these items and posts them on our website. I’ll start a Position Paper and send it out, after I get the meeting minutes approved. Also to back up the Positions we need to check into case law or other determinations to back up our Positions.
On March 9th I was invited to speak at the Madison Chapter. So far I've been in contact with the Northwest, Southeast, Milwaukee and Madison Chapters. The items that the Chapters have expressed interest in are: The Lakebed Issue, Meandered River's, Floodplain Issues and we discussed how the WSLS Water Issues website can be used as a good resource for Water Issues pertaining to land Surveying. I've e-mailed my committee members and will set-up a meeting for the middle of April.