DNR Oversteps Bounds, State Supreme Court Rules
For the City-Times
The Wisconsin Supreme Court ruled Tuesday that the Department of Natural Resources overstepped its authority in regulating the water level of Lake Koshkonong.
In a 4-3 decision the court said the DNR ignored evidence of a detrimental economic impact from lower water levels at the Jefferson County lake and accepted economic arguments that supported its initial decision.
The case came after the DNR denied a petition to raise the high water mark on the lake.
Prosser said the DNR “inappropriately relied on the Public Trust Doctrine” when making its decision.