Water transported saw logs to market, operated mills and transported barges. The regulatory scheme that developed in this context was designed to protect the navigability of waters and facilitate commerce. As part of this commercial purpose, the power to issue permits for the construction of dams and other obstructions in navigable water was given first to the Railroad Commission of Wisconsin and subsequently, the Public Service Commission of Wisconsin. In order to obtain a permit for specified activities in or near navigable waters, the applicant had to demonstrate that the activity did not materially impair navigation or impair public rights and interests. Our uses of waters have changed dramatically since the late 1800s.
Water is no longer our primary source of moving goods and commerce or source of power.
Recreational uses and domestic and commercial water uses are now predominant. The courts have acknowledged recreational and aesthetic uses are part of the public trust to be protected by the state. As part of the Kellett Commission reorganization in the 1960s, the Department of Natural Resources now administers the program. The DNR now looks at water quality, fish and aquatic life and aquatic habitat as key to its charge of protecting the public interest under Chapter 30. The Challenges with Chapter 30 Many of the aspects of Chapter 30 that made sense in the early 1800s create tensions today.