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Chain O'Lakes Protective Ass'n v. Moses

Citation: 2 ELR 20110
No. No. 143, 193 N.W.2d 708/53 Wis. 2d 579, (Wis., 02/01/1972)

All natural resources in the State of Wisconsin are impressed with a public trust for usage and conservation as a state resource, according to common law. Any statute requiring a riparian owner to obtain a permit to divert water is a derogation from common law and must be construed strictly. Under the wording of the Wisconsin statute, a veterans' home did not have to receive a permit to divert water from a lake to another watershed.

Counsel for Appellant
William A. Chatterton
321 So. Hamilton Street
Madison, Wis. 53703

Counsel for Respondent
Robert W. Warren
Attorney General
229 Loraine
Madison, Wis. 53703