Two Major Purchases to Protect Waterways in Wisconsin
By Derek Strohl

Wisconsin’s largest private land purchase for conservation and an unlikely corporate buy-out have protected the Chequamegon Bay watershed on Lake Superior and the headwaters of the Wolf River, which flows to Lake Winnebago and on to Lake Michigan.

Chequamegon Bay on Lake Superior, Credit: Ted Cline

The Nature Conservancy (TNC) turned over purchase rights of 21,322 acres of land to the Bad River Band of Lake Superior Tribe of Chippewa Indians, whose original reservation boundaries included the land. TNC and the Bad River Band have signed a Memorandum of Understanding regarding the future management of the land. Bad River Tribal Council Chairman Eugene Bigboy said of the transfer, "The heart and soul of any reservation, aside from its people, is its land. This purchase enables the Band to get back precious land that was once thought lost forever."

The lands included in this transaction are composed of multiple parcels ranging in size from 20 to 3,500 acres and covered mostly by forests and wetlands. They are connected through a network of streams and rivers to the watershed that empties into the Kakagon/Bad River Sloughs and the Chequamegon Bay. The Sloughs play a key role in providing clean water to the Chequamegon Bay, helping to keep the bay healthy and highly sought after by anglers, boaters, bird watchers, and other nature enthusiasts.

Many acres of corporate-owned forest land in the United States have changed hands over the past five years. In Wisconsin alone, more than 90 percent of corporate-owned forestlands have been sold or re-sold since 1997. On the other side of Wisconsin’s Great Lakes Basin, the headwaters of the beautiful Wolf River have been protected from a zinc-copper mine that has been in the planning and permitting process on and off since 1969. The new owners will withdraw any mining applications.

The Sokaogan Chippewa Community Mole Lake Band, the Forest County Potawatomi Community,and the Mole Lake tribe have purchased the mining project land from the mining applicant, Nicolet Minerals Company (NMC). This victory is being hailed as the result of a unified effort on the part of the tribes, sporting groups, and other rural residents who have historically been at odds with one another.

"This purchase protects the Wolf River, the wetlands and the groundwater of Northern Wisconsin," Gus Frank, Chairman of the Forest County Potawatomi Community stated. "We all depend on the waters and natural resources of the Northwoods - for recreation, to bring tourists to our State, and, for the Tribes, to sustain our traditions. We’re proud to be a part of protecting this area for future generations."

Both tribes have vehemently opposed the mining proposals at the site for years. Under those proposals, the mine would affect water and increase sediment in Swamp Creek, which flows into Rice Lake on the Mole Lake reservation, just west of the proposed mine site. The Potawatomi reservation is also nearby, to the northeast. The tribes said the problems with the current mine proposal are numerous. For example, both the mine and a tailings dump would contain perpetually toxic wastes. The mine and the 16 million tons of wastes in the dump would be neverending sources of groundwater contamination. In addition, the mine waste dump would eventually fail, potentially releasing massive amounts of additional contamination.

*Text for this article graciously provided by The Nature Conservancy-Wisconsin Chapter and Debra McNutt and Zoltan Grossman of the Midwest Treaty Network.

Isolated Wetland Protection in Wisconsin

In Wisconsin, the January 2001 U. S. Supreme Court decision in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers (Corps) triggered a flurry of activity. Legislators quickly drafted a very simple bill that states that dredge-and-fill projects in non-federal wetlands are still subject to Wisconsin’s water quality certification process. The Corps sent "non jurisdiction" letters to the applicants of wetland projects affecting more than 99 hectares, stating in effect, "Your wetland is an isolated wetland, over which the Corps no longer has jurisdiction." We lost more wetlands in those four months than we usually do in a year.

Then-Governor Scott McCallum, several legislators, 57 of our 72 counties, and a coalition of more than 70 conservation organizations representing more than 400,000 Wisconsin citizens demanded protection for our isolated wetlands. Wisconsin Wetlands Association spearheaded the campaign by hiring a lobbyist and printing and distributing thousands of postcards that citizens sent to their lawmakers and to the Governor.

The campaign succeeded, as Wisconsin Act 6 was signed on May 7, 2001, four months after the SWANCC decision. This bill simply grants the Wisconsin Department of Natural Resources (DNR) authority to apply its water quality certification standards to non-jurisdictional projects. The bill gives the DNR enforcement power, specifies the use of the 1987 Manual in delineating wetlands, and includes exemptions similar to the 404 program. This bill maintained the status quo for wetland protection. The bill’s only compromise is the requirement that the DNR review a permit within 30 days and issue a decision within 120 days of receipt of the complete application.

Our candid discussions with the builders community not only helped us to win this landmark bill; it also has won us a long-term working relationship with new partners, as we have since cosponsored a wetland restoration workshop with the Wisconsin Builders Association. The moral of the story, never repeated enough: invite all stakeholders to the table.