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Show 800 WISCONSIN relating to soils, waters, forests, fish, wildlife, and other natural resources" of the State. One subcommittee of the council deals with water. The Soil Conservation Board is attached to the University of Wis- consin. Its primary responsibility is to work with soil and water conservation districts. In addition to the above agencies, the State laboratory of hygiene (department of health and social services), the State geologist, the university extension division of the University of Wisconsin, and the water resources center at the University of Wisconsin perform some functions related to the State's water program. 3. Surface Waters 3.1 Method of Acquiring Rights21 :1 A. RIPARIAN RIGHTS Riparian rights are, of course, geared to ownership of land abut- ting a natural watercourse 28 and attach only to such land as may be classified as "riparian." Apparently the State supreme court has not defined what constitutes riparian land, and it is uncertain whether it would apply the so-called chain-of-title or unity of ownership test.29 B. WATER USE PERMITS (1) For agriculture and irrigation Agricultural and irrigation permits are authorized by statute,30 and are discussed at further length in section 3.2, infra. These permits may be acquired by filing an application with the Depart- ment of Natural Resources. The application sets forth such informa- tion as the point on a particular stream where the surplus water is proposed to be diverted, the nature of the diversion works, the amount of water and the times when it is to be diverted. The canal or other diversion works must be completed within 2 years from the filing of the application, and no work on such diversions may be commenced until plans are approved by the department. After notice by publication and by mail to interested persons, a public hearing is scheduled. The permit apparently must issue if (1) there is surplus water or (2) if there is no surplus water, but riparians to be injured by the proposed diversion have consented. Permits may not be granted in certain trout streams. It is significant that the department is required to review annually all permits issued since August 1, 1957. At the time of such review, the department may revoke any permit after finding that the with- drawal is "detrimental to other riparians." There are no statutory guidelines as to what constitutes a detriment to riparians, and there appear to be no requirements for notice and hearing on revocations. » Ellis, note 2, at 203-06. zoHermansen v. City of Lake Geneva, 272 Wis. 293, 75 N.W. 2d 439 (1956). It Is Immaterial whether the riparian owns the bed of the stream. 89 See generally W. Farnham, The Permissible Extent of Riparian Land, 1 Land and Water L. Rev. 31 (1972). 30 Sec. 30.18. |
