It has been suggested that the most practical way of preventing or rather minimizing the destruction of fish life is to excavate channels from the potholes to the reservoir proper to allow fish to escape during the winter months, and to maintain these channels each year, since it is a well known fact that the channels will partially fill up every summer due to current and wave action.

It appears, however, from Exhibit 30 that to channel the 17 potholes above described will require the removal of 2243 cubic yards of material. This excavation is rather expensive, since it may be necessary to do considerable hand digging. Some of the digging could undoubtedly be performed with a floating dredge. The channels would have to be re-excavated and maintained every year.

It also appears from the testimony that there may be a great many potholes similar to the 17 which have been located and described. From the testimony it would also appear that the 17 bars which have been tabulated are only a relatively small number of the total number of similar bars in the Rest Lake Reservoir. If the minimum pond level is raised the number of bars which require channeling will very likely be greatly reduced.

The remedy demanded by the petitioners is to set aside the minimum pond level established in 1915 and to fix a new and higher minimum level at 6 feet on the gauge. This would permit the respondent to vary the pond level only 212 feet. This minimum would deprive the respondent of the use of 38 percent to 51 percent of the capacity of the Rest Lake Reservoir. The annual value of this capacity to the power companies is approximately $25,000.

At the hearing certain legal questions were raised concerning the jurisdiction of the Commission to change the levels at the Rest Lake dam. These questions have been referred to the Attorney General for an official opinion. Pending the determination of its jurisdiction, the Commission feels that the public interest requires the entry of the following order providing for a plan of operation which has been consented to by the owner and lessee of said dam.

IT IS THEREFORE ORDERED, That the minimum reservoir level which may be maintained in the Rest Lake Reservoir at the dam during the period of November 1 to the time of

the spring breakup of the ice shall be at a gauge height of 5 feet 0 inches. From the time of the spring break-up until April 15, the water shall be raised to a minimum level of 7 feet 3 inches on the gauge, provided the minimum discharge required by law and rainfall and runoff will permit. During the period from April 15 to July 1, the water shall be raised from 7 feet 3 inches to approximately 8 feet 6 inches, which is the maximum level which may be maintained at any time, provided the minimum discharge required by law and rainfall and runoff will permit. From July 1 to September 1, the water may be drawn not lower than a gauge height of 7 feet 3 inches. From September 1 to November 1, the water may be drawn to a stage not lower than 5 feet 0 inches on the gauge. At no time shall the reservoir be lowered at a rate exceeding 2 inches per day. At no time shall the reservoir be lowered after the ice sheet forms in the early winter and before the ice breaks up the following spring. The water surface may exceed the minimum levels fixed for the various periods of the year at any time, provided that the rate of lowering the reservoir thereafter does not exceed 2 inches per day.

IT IS FURTHER ORDERED, That the Improvement Company employ a patrolman to patrol all of the reservoirs operated by the Improvement Company during both the filling and draw-down periods, the patrolman to record the location and elevation at which water begins filling each of the potholes, and also the elevations at which the potholes are cut off from the main reservoir during periods of the lowering of the water stages.

IT IS FURTHER ORDERED, That the Improvement Company start a program of dredging the bars between the potholes and the main reservoir so as to allow fish to escape when the reservoir is lowered, and spend not less than $1000 per year on this work so long as this plan of operation is followed, or until the objectionable conditions are overcome.

IT IS FURTHER ORDERED, That this program of operation, inspection, and dredging shall continue for a period of 5 years from the date hereof, unless otherwise ordered.

IT IS FURTHER ORDERED, That the Improvement Company report to the Commission once in 3 months as to the conditions found by the patrolman and the dredging work done.

Certain legal questions were raised in this proceeding which, because of the form of the order, are not now necessary to be decided.

The Commission will retain jurisdiction over this proceeding during the 5-year period for the purpose of making such modifications of this order as may be deemed necessary or advisable.

[2-R-663]

TOWN OF RADISSON

VS.

CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY

Decided July 8, 1937

AUTHORITY granted to the town of Radisson, Sawyer County, and the Chicago, St. Paul, Minneapolis & Omaha Railway Company to establish a public crossing at grade on the center line of section 17, town 38 north, range 7 west, where a private road now being used by the general public crosses the railroad tracks.

BY THE COMMISSION:

The petition in the above-entitled matter filed June 2, 1937, is an extract from the minutes of the regular monthly Town Board meeting held May 29, 1937, and certified by the town clerk the same day, reading as follows:

A motion was made, seconded and passed that the following resolution be adopted:

Resolved that the private road now being used by the general public, running from the center of section 17-38-7, (which center point lies in State Trunk Highway 27), south along the quarter line across the Omaha Railroad tracks to the north line of section 20-38-7 be added to the town road system and that the Public Service Commission of Wisconsin be asked to approve the crossing and notify the Omaha Railroad of same.

The hearing was held in Madison, Wisconsin, June 29, 1937, at which time no appearances were entered.

This matter originated with a letter from the town clerk dated April 15, 1937, and after some correspondence re

sulted in the above resolution. Letters from the respondent railway's attorney and superintendent, both dated June 11, 1937, indicate that the respondent has no objection to the proposed crossing and has an agreement with the petitioner by which the town will do the necessary grading up to the railroad track on each side and the respondent will install the crossing plank and signs.

It appears that this road was originally built as a private road by two farmers. The people west of Radisson found it to be a short cut to the village, and have been using it for about 12 years. The respondent railway has maintained a gate across this road, and the first communication from the town referred to above was a request for an order requiring the railway to remove that gate.

WE FIND that it will be advisable to allow the new crossing to be established and at grade.

IT IS THEREFORE ORDERED, That the town of Radisson, Sawyer County, Wisconsin, and the Chicago, St. Paul, Minneapolis & Omaha Railway Company be and hereby are authorized to establish a public crossing at grade on the center line of section 17, town 38 north, range 7 west, where a private road now being used by the general public crosses the railroad tracks.

[2-R-513]

WISCONSIN CONSERVATION COMMISSION

VS.

CHICAGO & NORTH WESTERN RAILWAY COMPANY

Decided July 8, 1937

DATE for the completion of grade-crossing changes in Devils Lake State Park, extended to December 31, 1937.

BY THE COMMISSION:

An order was issued in the above-entitled matter on March 10, 1936 (11 P.S.C. of W. 550), authorizing the construction of a new highway crossing at grade in the Devils Lake State Park and the abandonment of the two existing

grade crossings, one approximately 600 feet north and one approximately 900 feet south of the proposed crossing, and requiring the wigwag signals now at the north crossing to be moved to and installed at the new crossing, all of which work was ordered to be completed on or before May 31, 1936.

Under date of June 12 [23], 1936 (13 P.S.C. of W. 105), a supplemental order was issued at the request of the petitioner extending the date for completion to January 1, 1937. Similarly, a further extension issued January 27, 1937 (14 P.S.C. of W. 684), extended this date to July 1, 1937.

Again, under date of July 3, 1937, the petitioner states:

Due to the urgency of certain other projects and to the fact that the strength of the CCC camp at Devils Lake has been at a low point during the spring months, this project has not been completed. It is still our intention, however, to make these crossing readjustments, and I request that an extension concerning this proposed change be given to January 1, 1938.

WE FIND that it will be consistent with the public safety to grant this request.

IT IS THEREFORE ORDERED, That the date for completion of the work authorized in the above-entitled matter be and hereby is further extended to December 31, 1937, and this Commission notified of the date of completion.