LRB-0258/2
MGG:skg:mkd
1995 - 1996 LEGISLATURE
March 21, 1996 - Introduced by Representative Black, cosponsored by Senator
Burke. Referred to Committee on Agriculture.
AB1062,1,2
1An Act to amend 94.26 of the statutes;
relating to: the effect of dams, ditches
2and drains used in the cultivation of cranberries on certain trout streams.
Analysis by the Legislative Reference Bureau
Under current law, the construction and maintenance of dams, ditches and
drains that are used in the cultivation of cranberries are exempt from any of the per
mitting or other regulatory requirements administered by the department of natural
resources (DNR) that cover dams and other structures that affect navigable waters.
This bill eliminates this exemption for such dams, ditches and drains if they affect
Class I trout streams. Under rules promulgated by DNR, trout streams are classified
as Class I, Class II or Class III. To be a Class I trout stream, the stream must contain
a high quality of trout habitat or must contain trout in adequate numbers to sustain
the trout population without stocking.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1062, s. 1
3Section
1. 94.26 of the statutes is amended to read:
AB1062,2,8
494.26 Cranberry culture; maintenance of dams, etc. Any person owning
5lands adapted to the culture of cranberries may build and maintain on any land
6owned by the person such dams upon any watercourse or ditch as shall be necessary
7for the purpose of flowing such lands, and construct and keep open upon, across and
1through any lands such drains and ditches as shall be necessary for the purpose of
2bringing and flooding or draining and carrying off the water from such cranberry
3growing lands, or for the purpose of irrigation, fertilization and drainage of any other
4lands owned by the person; provided, that no such dams or ditches shall injure any
5other dams or ditches theretofore lawfully constructed and maintained for a like pur
6pose by any other person.
These dams, drains and ditches shall be subject to chs. 30
7and 31 if they affect a body of water that is classified as a Class I trout stream by the
8department of natural resources under rules promulgated under s. 23.09 (2) (m).
AB1062,2,12
10(1) This act first applies to the building and maintenance of dams and the con
11struction and keeping open of drains and ditches that occur on the effective date of
12this subsection.
