County of Sawyer, by George Cristy, chairman, Sawyer County Conservation Committee, Hayward, Wisconsin, and Richard Felber, land acquisition agent, Hayward, Wisconsin. A. M. Ryerson, Hayward, Wisconsin.

On the 25th day of February 1937, the Public Service Commission in Docket 2-WP-255 issued a permit to the applicant, Sawyer County, authorizing it to construct and maintain a dam across the north fork of the Chief River, a navigable stream, in the southeast quarter of the southeast quarter of section 16, township 41 north of range 7 west, in Sawyer County. The purpose of the proposed dam is to create a pond for recreation, the restoration of lake levels, and the preservation of property values. The dam will be known as the Tiger Cat dam. The Wisconsin Works Progress Administration established a temporary bench mark designated Bench Mark "A", consisting of a spike on the southeast side of an 18-inch white pine located 85 feet northwest from the west fill of the old Tiger Cat dam site. Assumed elevation 99.07 feet. (15 P.S.C. of W. 636)

A permanent bench mark is to be established when the dam is constructed. All elevations mentioned herein will be referred to the datum of said bench mark.

The normal elevation of the pond to be created by the Tiger Cat dam is at 90.0 feet. This elevation is approximately 13 feet above the stream bed. At maximum elevation the Tiger Cat dam will raise the normal elevations of McClaine Lake, Farnsworth Lake, Upper Twin Lake, Lower Twin Lake, and Burns Lake. At maximum elevation of the Tiger Cat dam there will be created a considerable flowage in the areas on the lower reaches of Twin Creek and the north fork of the Chief River in sections 15, 16 and 17, township 41 north of range 7 west. We mention the foregoing in order to present a more comprehensive picture of what is involved in the application now before us.

Round Lake is a large navigable lake located in township 41 north of ranges 7 and 8 west, Sawyer County. It is approximately 4 miles long and 3 miles wide. The normal elevation of the lake is at approximately 83 feet. In recent years the water level dropped to approximately 73 feet, or about 10 feet below normal elevation.

It is proposed to divert surplus water from the pond created by the Tiger Cat dam to Round Lake for the purpose of raising the water level to normal and maintaining it at that elevation. The water necessary to sustain fish life in the Chief River and to maintain a constant level in Callahan Lake located below the Tiger Cat dam will be passed at all times through a 12-inch pipe provided in the base of the Tiger Cat dam. The surplus water will be diverted through a series of lakes, depressions, and sloughs connected by four artificial channels, as follows:

Diversion Channel No. 1 will lead from the Tiger Cat pond to Burns Lake through the northeast quarter of the southeast quarter, the southeast quarter of the southeast quarter, and the southwest quarter of the southeast quarter of section 17, township 41 north, range 7 west. This channel consists of deepening the existing saddle or ridge between the pond and Burns Lake so that a greater amount of water can pass than would ordinarily pass.

Diversion Channel No. 2 will lead from Burns Lake to Placid Lake through Lot 1 and the northeast quarter of the northwest quarter of section 20, township 41 north of range 7 west.

Diversion Channel No. 3 will lead from Placid Lake to a natural depression or slough through lot 1, section 19, township 41 north of range 7 west.

Diversion Channel No. 4 will lead from the slough above mentioned to Round Lake through lot 2, section 18, and lot 2, section 19, township 41 north, range 7 west.

At the outlet of Diversion Channel No. 4 will be constructed a "Head Spillway" control dam with stop-log control gates. The crest of the control dam will be at elevation 89.5 feet and provided with removable stop logs to allow passage of a maximum of 150 cubic feet per second of water when the headwater has reached a stage of approximately 1.6 feet above its crest. The water of Placid Lake and the diversion channels between the control dam and Burns Lake, fed from the Tiger Cat pond, will vary from elevation 89.5 feet to elevation 91.5 feet during maximum diversion, but generally held at elevation 90.00 feet during most of the time. Placid Lake, in November 1935, was at elevation 80.63 feet.

Plans for the diversion channels, control dam, and other structures have been filed with the Commission and have been approved.

NOW, THEREFORE, upon the application and upon the files, records, and proceedings herein, the Public Service Commission makes the following findings:

That the application complies with Chapter 31 of the Statutes; that upon receipt of the application herein, the Commission fixed the time at not more than 8 weeks thereafter, and the place at the office of the Commission in the Capitol at Madison, Wisconsin, for public hearing thereon; that due notice of such time and place for hearing was given to the applicant and that the applicant caused a notice of such time and place to be published once each week for three successive weeks in the Sawyer County Record, a newspaper published in the city of Hayward, Sawyer County, within which county are situated all of the lands which will be affected by the diversion channels and other works mentioned herein, the first publication being on the 4th day of March 1937; that the applicant filed proof of the mailing of the notice of hearing and order for publication to every person upon whose land any part of the diversion channels or other structures will be located 20 days prior to the date of hearing; that the plans for the diversion channels and other works in connection therewith have been filed with the Commission and have been approved; that the applicant has not acquired title to or an easement on the lands upon which it is proposed to construct, maintain, and operate the diversion channels, control dam, and other works in connection with the diversion project or which will be flowed in the operation of said diversion project.

The Commission further finds that the diversion of surplus water from the north fork of the Chief River to Round Lake will not materially obstruct existing navigation or violate other public rights and will not endanger life, health, or property.

AND HEREBY THERE DOES ISSUE AND IS GRANTED to the applicant, the county of Sawyer, the permit provided for by Chapter 31 of the Statutes for diverting water from the north fork of the Chief River to Round Lake, as herein de

scribed, for the purpose of restoring Round Lake to its normal elevation and maintaining the water level at normal.

IT IS ORDERED, That the applicant refrain from constructing upon the lands of another the diversion channels or other works authorized by this permit until it shall have acquired the right to do so as is provided in Section 31.14(11), Statutes.

The Commission reserves jurisdiction for the purpose of determining the amount of water which may be from time to time diverted pursuant to this permit.

[2-U-1]

INVESTIGATION, ON MOTION OF THE COMMISSION, INTO THE RATES, SERVICES, PRACTICES, AND ACTIVITIES OF THE WISCONSIN POWER AND LIGHT COMPANY AND ALLIED CASES

[2-U-810]

IN THE MATTER OF AN INVESTIGATION, ON MOTION OF THE COMMISSION, OF THE ESTABLISHMENT OF A "LOW COST" RATE PLAN FOR ELECTRIC SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL-LIGHTING CUSTOMERS

Decided June 21, 1937

FINDING from a company analysis that the substitution of objective rates for present rates would save customers of Wisconsin Power and Light Company approximately $160,000, annually, the Commission authorized the company to discontinue present rate schedules and substitute proposed rates, as set forth.

SUPPLEMENTARY ORDER

BY THE COMMISSION:

Action in the present matter arises out of an application by the Wisconsin Power and Light Company for authority to withdraw its present standard rates for residential service and to substitute therefor the objective rates set forth in the Commission's order in 2-U-810, dated June 26, 1935 (9 P.S.C. of W. 381). The present standard residential rates of this utility were made effective by the Commis

sion's order in 2-U-1, dated October 26, 1933 (5 P.S.C. of W. 1). A summary statement of these rates follows:

RESIDENTIAL SERVICE
Fixed Charge

(Maintenance, taxes, depreciation and return on company investment on customers' premises; expenses of meter reading, testing, billing, collecting, and customer-accounting)-60 cents net per month.

The following cities are included in Class II: Baraboo, Beaver Dam, Berlin, Dodgeville, Horicon, Mineral Point, Monroe, Portage, Ripon, Tomah, Mauston, Mayville, Lake Geneva, and Delavan.

(2) All communities not included in Class I or Class II.

Minimum Monthly Bill.-1. The minimum monthly charge under the foregoing rate for lighting service, including the use of motors of 2 horsepower or less individual capacity, and appliances (including stoves) of less than 2000 watts individual capacity, shall be the above fixed charge-60 cents net per month.

2. For heating and cooking installations above 2000 watts individual capacity, the minimum monthly charge (including the above fixed charge plus energy at the foregoing energy rates) shall be $2.50 net per month.

Prompt Payment of Bills.—Customers' monthly bills will be computed at the net rates, and there will be added to the total net bill a sum equivalent to one (1) cent per kilowatt-hour of energy consumed during the month, but in no case will this amount be less than 15 cents nor more than $1.00.

This sum will be deducted from the gross bill when prompt payment is made in accordance with the utility's standard rules, "Bills and Bills Payable".

The aforementioned order in 2-U-810 made the residential low-cost rate plan effective with service rendered subsequent to the first regular meter readings on and after August 1, 1935. This order further provided that after the utility had operated under the plan for a 12-month period it was to furnish the Commission with a complete statement and analysis of the results of such operation. In this particular case the Wisconsin Power and Light Company, at the expiration of the 12-month period, chose to make a complete consumer-analysis of all residential customers, in