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| Navigable Waterways Under Attack |
| For many years state waterways have been protected under the Clean Water Act and the public trust doctrine, which protects natural resources for the public good. Historically, any waterways that are navigable have been protected, which encompasses most rivers, streams, and lakes. Recently, South Dakota and Iowa have used legislative means to alter what a navigable waterway is, and Arizona unsuccessfully attempted to do the same. Redefining what a navigable waterway is eliminates protections for certain bodies of water. Now, AB 506 has been introduced in the Wisconsin legislature to redefine navigable waters from "any body of water which is navigable" to "any body of water that, during a total of at least 6 months in the current calendar year, is capable of supporting watercraft carrying a person." The definition would apply to both lakes and rivers and would significantly diminish the protections of many natural areas. These areas include a portion of the Wolf River, coincidentally the area being considered for a metallic mining operation, and portions of the Pikes, Popple, and Pine rivers -- all designated as State Wild Rivers. The change would also eliminate protection for headwaters of a number of trout streams and large portions of most of WI's rivers and streams. The bill goes against WI's public trust doctrine and approximately 130 years of consistent WI State Supreme Court rulings. The current navigability test simply recognizes a body of water as navigable if there are periods of navigable capacity, without specifying when or for how long. In Priewe v. WI State Land and Improvement Company (103 WI 537) 1899, the WI Supreme Court affirmed that "the legislature has no more authority to emancipate itself from the obligation resting upon it, which was assumed at the commencement of its statehood, to preserve for the benefit of all people forever the enjoyment of navigable waters within its boundaries..." The sponsors of AB 506, including Representatives Krawczyk and Olsen and Senator Lasee [all members of the American Legislative Exchange Council (ALEC)], allege that there is a lack of a real definition that has lead to complications and confusion. The current definition of navigability was reaffirmed by the State Supreme Court in 1972, and needs no alterations. A similar move was tried in Arizona a few years ago, but was struck down by the Arizona State Supreme Court. The only people who are confused are the sponsors of this bill who seek to lift protections from a majority of Wisconsin's waterways and give them to a small number of special interests. |
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State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
