TEST TW WEATHER

October 6, 2009 Appeals Court to consider whether local governments have authority to protect water quality from large livestock facilities

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The Wisconsin Association of Lakes filed a motion to submit an amicus
brief in a case now before the state Court of Appeals that may
determine to what extent local governments can control the siting and
operation of Concentrated Animal Feeding Operations (CAFOs) within
their jurisdictions.

CAFOs have more than 1000 animal units and are required to get a point
source pollution permit under the federal Clean Water Act. Wisconsin’s
CAFOs make up less than 1% of Wisconsin’s farms but produce 10% of the
manure. Manure runoff from fields and/or detention ponds can cause
short-term and long-term problems for lakes.

The operation of livestock facilities affects water quality, the
recreational value of lakes, and the economic value of riparian lands.
Polluted runoff from agricultural and other sources is Wisconsin’s
number one water quality problem, negatively impacting an estimated
90% of Wisconsin’s lakes.

Under the current interpretation of livestock siting statutes by the
Circuit Court, Wisconsin cities, villages, and towns have the
authority to protect public safety, heath, and welfare by using their
zoning and police powers. The Wisconsin Association of Lakes is
supportive of this ruling.

In the case before the appellate court, the plaintiffs argument would,
if accepted by the court, eliminate the power of local governments to
adopt and enforce zoning and other police powers to protect their
citizens in any matter subject to the Livestock Siting Board’s
statutory review jurisdiction.

How does manure runoff effect lakes

Keeping many animals in a limited amount of space concentrates the
pollution they generate. The volume of manure produced can exceed the
land’s storage capacity. Manure runoff from detention ponds and/or
saturated land can have disastrous effects on our groundwater and
drinking water supplies, lakes, and rivers.

Immediate consequences of manure spills include fish kills, and an
influx of nutrients that can trigger smelly algae blooms. Spreading
manure on saturated lake watershed soils leads to reoccurring and
long- term negative impacts on our lakes by contributing to chronic
phosphorus loading.

Manure pollution undermines the private and public investment property
owners and taxpayers are making to keep our lakes clean, safe, and
healthy. Property owners bear an undue burden when their lake quality
and property values decline because of pollution elsewhere in the
watershed.