LEGAL CHALLENGES TO PERMITTING LOW HAZARD DAM REMOVALS

摘要

According to the Association of State Dam Safety Officials (ASDSO) records, Wisconsin had 3653 state regulated dams in 2008, and ninety percent were low hazard dams. In 2002 the Wisconsin Department of Natural Resources (WDNR) had documented 50 dam removals since 1967, but today the WDNR lists the total of Wisconsin dam removals at about 100. The peak of dam removals in Wisconsin has apparently passed with 31 dams removed between 2000 and 2005. While many books and articles have been written about the technical challenges or decision-making processes of dam removals, this paper presents recent legal challenges to owners applying for removal or abandonment permits and contends that permit litigation has contributed to the peaking and subsequent decline of Wisconsin dam removal frequency.Litigation regarding dam removal has shifted12 from relicensing challenges13'14'15'16 supporting dam removals to contested cases challenging dam removal permit approvals. Initially, permit applications were contested for perceived property devaluation and recreational loss, but recent contesters are challenging dam ownership rights, dam roadway usage rights, riprap and geotextiles usage in restoration, and dam maintenance responsibilities (or negligence of it). This paper discusses recent legal challenges for low hazard dams using two case studies including the 2012 Grimh Dam removal (30-foot-high dam with 710 acre-feet of maximum storage) and the 2009 Woodley Dam removal (18-foot-high dam with 140 acre-feet of maximum storage).