WXOW News 19 La Crosse, WI – News, Weather and Sports |Court: Wis. man might have to restore stream
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Associated Press - November 25, 2009 6:15 AM ET
MADISON, Wis. (AP) - An appeals court judge says a northwestern Wisconsin man who illegally diverted a stream into a pond on his property may have to restore the original channel.
Matt Poehnelt of Holcombe pleaded no contest to constructing an artificial waterway without a permit and paid a $249 fine.
Poehnelt diverted a tributary of Cranberry Creek for the pond that eventually runs into the Holcombe Flowage, a popular recreational area.
A Chippewa County judge declined a request by the Department of Natural Resources to order Poehnelt to restore the original channel.
Appeals Court Judge Edward Brunner overturned that decision Tuesday. Brunner says the lower court erred by not considering the public's interest in protecting the environment and ordered additional proceedings.
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