Federal Clean Water Act Lawsuit is Filed Against Cranberry Operation to Stop Point Source Phosphorus Pollution that is Contributing to Degradation of Unique Wisconsin Lake

HAYWARD, Wisconsin (February 29, 2024). Courte Oreilles Lakes Association, Inc. (COLA) and the Lac Courte Oreilles Band of the Lake Superior Chippewa (LCO Tribe) commenced a citizen lawsuit on February 28, 2024, under the Federal Clean Water Act (CWA) in Federal District Court in Madison, Wisconsin, against the Zawistowski cranberry operation to stop unpermitted discharges of phosphorus, a recognized pollutant under the CWA, through point sources, such as canals and ditches, into Lac Courte Oreilles (LCO), an Outstanding Resource Water, which is a unique designation that applies to fewer than 1% of lakes in Wisconsin.

Unfortunately, COLA and the LCO Tribe are forced to take this action because the Zawistowski cranberry operation has rejected all of COLA’s offers to assist the operation in addressing this problem, including $100,000 to install a closed system consistent with cranberry operation best management practices.

“It is unfortunate that it has come to this,” said Chris Bedwell, the president of COLA. “With the Zawistowski cranberry operation’s refusal to reduce its phosphorus to levels that are sustainable for the lake and to work with COLA and the LCO Tribe on this issue, COLA and the LCO Tribe have no choice but to commence the citizen suit under the CWA.  Nothing less than the recreational use of LCO, its sport fishery, property values, and the Tribe’s spiritual, cultural, and subsistence use of the lake are at stake.”

Learn more about COLA’s efforts to protect the water quality of Lac Courte Oreilles—the fifth-largest natural lake in Wisconsin at 5,039 acres, and a rare, two-story, cold-water fishery. As part of this goal, COLA is committed to helping provide the science and lead the way in reducing pollution, to serve not only Lac Courte Oreilles and its watershed, but also other Wisconsin lakes and the organizations that support them. Visit www.cola-wi.org for more information.

Contact:

            Alf Sivertson, alf.sivertson@sivbar.com, 651/778-0575

            Christa Westerberg, cwesterberg@pinesbach.com, 608/251-0101

COLA and the LCO Tribe have served cranberry operator with Notice of Intent to File a Citizen Lawsuit Under the Federal Clean Water Act

Cranberry Operation Served with Notice of Intent to File a Citizen Lawsuit Under the Federal Clean Water Act for Point Source Phosphorus Pollution that is Harming Unique Wisconsin Lake

HAYWARD, Wisconsin (December 12, 2023). Courte Oreilles Lakes Association, Inc. (COLA) and the Lac Courte Oreilles Band of the Lake Superior Chippewa (LCO Tribe) have served cranberry operator William Zawistowski with notice of intent to file a citizen lawsuit under the Federal Clean Water Act (CWA) for discharging phosphorus, a recognized pollutant under the CWA, through point sources, such as canals and ditches, into Lac Courte Oreilles (LCO), an Outstanding Resource Water (ORW), which is a unique designation that applies to fewer than 1% of lakes in Wisconsin. (View 60 Day Notice).

Unfortunately, COLA is forced to take this action because Zawistowski has rejected all of COLA’s offers to assist Zawistowski in addressing this problem, including $100,000 to install a closed systemconsistent with cranberry operation best management practices.

“It is unfortunate that it has come to this,” said Chris Bedwell, the president of COLA. “With Mr. Zawistowski’s refusal to follow the industry’s best management practice for closed water recirculation systems* and his refusal to work with COLA and the Tribe on this issue, COLA and the Tribe have no choice but to give him the 60‐day notice of the commencement of the citizen suit under the Clean Water Act. Nothing less than the recreational use of LCO, its sport fishery, property values, and the Tribe’s spiritual, cultural, and subsistence use of the lake are at stake.”

During the 60‐day notice period, COLA and the Tribe will still be available to discuss effective remedies and actions which will ensure Zawistowski’s future compliance with the Clean Water Act and all applicable state water pollution control laws. COLA and the Tribe request that any person reviewing this announcement direct all inquiries to COLA Communications.

*NRCS Conservation Practice Standard Irrigation and Drainage Tailwater Recovery (Code 447) (February 2023)

Victory for Lac Courte Oreilles!

The Site-Specific Criterion for Phosphorus of 10 μg/L is Finally Approved by the State of Wisconsin!

The site-specific criterion (SSC) of 10 μg/L for phosphorus for Lac Courte Oreilles was approved by the Wisconsin State Legislature following the recommendation of WDNR’s Natural Resources Board and Governor Evers. The rule will soon be recorded in the Wisconsin Administrative Register.

This is a tremendous victory for Lac Courte Oreilles. The SSC proposal to lower the limit from 15 to 10 μg/L was first sent to WDNR in March 2016 by COLA and the LCO Tribe. Now, nearly seven years later, we’ve finally been rewarded with an acknowledgement that the LCO lakes deserve greater protection.

A huge challenge remains. The new 10 μg/L phosphorus standard can only be reached by voluntary actions because all sources of phosphorus on LCO are currently regarded as “non-point” under the Clean Water Act. This means that there are no regulatory measures available under federal or state law to control phosphorus pollution.

More than 40% of the readily-controllable phosphorus is coming from the cranberry marshes on LCO. The discharges from the marshes can be cleaned up by recycling water by the use of holding ponds. COLA, the LCO Tribe, and the WDNR will renew efforts to bring the cranberry growers into an alliance dedicated to reducing phosphorus pollution.

A final thanks to all who, over the last seven years, have written letters, attended meetings, and otherwise supported COLA and the LCO Tribe. This has been a rough road, but well worth traveling.

Now let’s celebrate a much-needed victory on behalf of the LCO lakes.

The Standard for Site Specific Phosphorus is Approved the Governor!

On September 7th, Governor Evers signed his approval to lower site-specific phosphorus criteria in Lac Courte Oreilles to 10 ug/L. Unfortunately, efforts for meeting this criteria are on a voluntary basis. Nonetheless, the rule was proposed by the Natural Resources Board on July 6th after a unanimous vote.

The next step in the process will be reviews by the Wisconsin Legislative standing committees; one in the Senate and one in the Assembly. We can expect a 30-60 review that will wrap up by the middle of November.

Stay tuned for updates on this initiative!

To view the approval letter, click here.

The site specific criterion 10 μg/L for phosphorus was approved by DNR’s Natural Resources Board

A Unanimous Decision!
Update From NRB Meeting

The site specific criterion (SSC) of 10 μg/L for phosphorus was approved by DNR’s Natural Resources Board at its June 28, 2023 hearing. Many thanks to Alf Sivertson, Brian Bisonette, and Mike Persson for appearing on the lake’s behalf at the hearing. Thanks also to Kristi Minnihan, DNR’s Water Quality Standards Specialist – Bureau of Water Quality, and all the DNR science that provided the justification for the new standard.

As all of us know, a huge challenge remains. The SSC needs approval by governor Evers and the state legislature. Most important - the new 10 μg/L standard can only be reached by voluntary actions because all sources of phosphorus on LCO are regarded as “non-point” under the Clean Water Act. There are no regulatory measures available under federal or state law to to reduce phosphorus.

This means that all of us need to redouble our efforts including eliminating fertilizer use on lake properties, reducing impervious surfaces, maintaining septic systems, installing protective shoreline buffers to reduce runoff, among other actions.

The agriculture sector really needs to step up as well. More than 40% of the readily-controllable phosphorus is coming from the cranberry marshes on LCO.

Let’s hope that ALL will unite behind attaining the new SSC. The discharges from the marshes can be cleaned up by recycling water through the use of holding ponds. COLA, the LCO Tribe, and the DNR will renew efforts to bring the cranberry growers into an alliance dedicated to reducing phosphorus pollution.

A final thanks to all who, over the last six years, have written letters, attended meetings, and otherwise supported COLA and the LCO Tribe. This has been a rough road, but well worth traveling.

Now let’s celebrate a much-needed victory on behalf of the LCO lakes.

Aquatic Invasive Plant Treatment Plans 2023 (updated as of 6/12/23)

There have been some recent updates from what COLA had previously announced about treatment of aquatic invasive species (AIS) in the LCO lakes. At the end of this notice, there are suggestions about the best way to stay current on AIS treatment plans and other lake issues.

As stated in our prior communications, COLA revised its Aquatic Plant Management plan in 2021 and followed up with specific AIS treatment plans over the last 12 months. The treatment plans were developed with the help of WDNR and the LCO Tribal Conservation Department, along with other aquatic plant experts and COLA members.

The plans combine use of mechanical and herbicide control. WDNR has reviewed and approved our permits for big LCO, although it did deny a portion of the permit for areas of Ashland Bay and the NW shore of the central basin for protection of critical walleye fisheries. We will continue discussions with WDNR on this issue in June, and we have recently applied for mechanical treatment permits for these areas. WDNR will not allow the use of Procellacor in little LCO in 2023 based on concerns about the herbicide’s effect (as yet unknown) on the wild rice beds in the Billy Boy flowage. It is still unclear whether alternative chemicals will be allowed. An attempt to use all mechanical harvesting in Little LCO is likely beyond the harvester's capacity and less effective than chemical treatment.  

COLA has completed treatment of invasive curly-leaf pondweed with Aquathol K herbicide during the week of May 30 in eastern Musky Bay. Herbicide treatments of Anchor Bay, Chicago Bay, Elto Bar, and the western shore of outer Stukey Bay with the herbicide Diquat will occur during the week of June 19th. This treatment should take no more than three days. Effective treatment is weather-dependent, so rescheduling is possible.
 
We hope to start mechanical harvesting in big LCO very soon. Mechanical harvesting in little LCO has been tentatively scheduled for June 20-23 and will be conducted by the LCO Tribal Conservation Department.

During herbicide treatments, yellow notification signs stating that herbicide treatment is occurring will be placed along the shoreline immediately adjacent to treatment areas. The signs will also list any water use restrictions. Signs will also be placed at public landings. Chemical fact sheets that contain water use restrictions and other information are available here (Diquat,  Aquathol-K, Procellacor). More information on COLA’s AIS plan is available on the COLA website and in previous email notifications sent on March 17, 2023 and May 17, 2023 to all on COLA’s contact list. 

Lake users are urged to subscribe to COLA email notifications including the newsletter, Short Ears, Long Tales. These notifications provide important updates including treatment plans, maps, and other information. You do not have to be a COLA member partner, just sign up. The most up-to-date information will come directly from COLA. There are several Facebook sites that include comments dealing with issues on the LCO lakes, but rather than rely on miscellaneous and sometimes poorly-informed postings, please rely on information coming directly from COLA. You can always contact COLA directly if you want to talk with someone in person.

Additionally, lake users are urged to use the COLA-wi.org website as a primary source of information about all matters relating to the LCO lakes. The site includes factual data on water quality, lake levels, shoreline restoration/development, invasive aquatic plants, fishery issues, and many other subjects.

Most important - the website provides the ability for users to record lake observations of such things as dead or dying fish, new invasive plant patches, or whatever the user feels important. These observation forms become action items for the COLA volunteers who will investigate and take appropriate action. 

Please help COLA protect the LCO lakes by communicating directly with us about matters that affect you. Thanks!

COLA Annual Meeting

8:30 am - 10:30 am
June 24, 2023
St. Francis Solanus Mission
13885 Mission Rd, Stone Lake, WI 54876

(more information)

Second Informational Meeting - AIS Management in 2023 & 2024

In mid-February, the Wisconsin Department of Natural Resources (WDNR) awarded COLA a $150,0000 grant for management of Aquatic Invasive Species (AIS) in the LCO lakes for the years 2023 and 2024. Additionally, a $4,000 grant was awarded to fund the Clean Boat/Clean Water boat launch inspections, along with a $1,400 grant for video cameras. COLA, through its members' donations of cash and volunteer work, is required to match at least 25% of total project costs. This support from WDNR and donations from members means that COLA now has the resources to protect the LCO lakes.

There will be an informational meeting about the management of the grant on April 5, 2023. For more information click here.

Informational Meeting - Plans for controlling aquatic invasive species in 2023

Invasive plant species have become a major threat to the LCO lakes. In response, COLA, with the help of WDNR, initiated its first LCO Aquatic Plant Management Plan in 2011 and updated it in 2021. In 2023, COLA was awarded a two-year $150,000 grant from WDNR to control AIS. The LCO Tribe provided guidance and has been an essential partner in these endeavors.

In order to help inform and answer questions, a meeting concerning this project will be held for interested persons on Wednesday, March 15, 2023, at 4 to 5PM CDT, at Caribou Coffee in the Market Place Foods building. Seating is very limited (10 people). Presentation materials will also be published soon after the meeting.

Agenda items are: 1) Why should we do treatment; 2) Present AIS spread areas and types of treatment methods (herbicide, mechanical, divers, and manual) and rationale; 3) Types of herbicides being considered, effectiveness, methods, water use restrictions; and 4) Next steps, further notifications, and other agenda items.

We were severely limited in our venue choices for this meeting. Seats has been reserved for those who responded to COLA’s February 22, 2023 public notice of AIS treatment in the Sawyer County Record. There may not be space for others, but a call-in phone number is provided below for those who want to participate.

COLA expects to have additional communications on treatment, AIS prevention, and public AIS reporting protocols via email, the COLA newsletter, on our website, and USPS mail (as needed) throughout the coming season. 

Call-in Information:

One tap mobile
+16465588656,,5484530492#,,,,*056965# US (New York)
+16469313860,,5484530492#,,,,*056965# US

Dial by your location
       +1 646 558 8656 US (New York)
       +1 646 931 3860 US
Meeting ID: 548 453 0492
Passcode: 056965

Public Hearing on the Future of Lac Courte Oreilles

The Wisconsin Department of Natural Resources (DNR) is seeking public comment on a rule currently under development that would establish a site-specific criterion for phosphorus for Lac Courte Oreilles, a lake in Sawyer County. Phosphorus is the driving factor behind the exploding aquatic plant growth, algae blooms, poorer water quality, and ruinous damage to the lake's cold water fishery. The rule would revise the lake’s phosphorus criterion (SSC) from 15 μg/L to 10 μg/L to protect the lake’s cold water fishery. This rule is similar to an earlier version of the rule proposed for Lac Courte Oreilles in 2019 that was rejected by the Natural Resources Board in a tie vote.

After a contentious two years of refusing to leave the NRB board after his term had expired, board chairman Fred Prehn has finally resigned. This puts COLA in a much better position to finally prevail in our long struggle for a more protective phosphorus standard.

The Department is holding a public comment period and public hearing on the proposed rule. Materials for review are available on the DNR's Proposed Permanent Administrative Rules webpage under rule number WY-21-20.
 

The LCO lakes really need your personal involvement!

A public hearing with both in-person and virtual options will be held at 6 p.m. on Monday, January 23, 2023, at the Hayward DNR office, 16133 Nursery Rd., Hayward, WI, 54843. Participants may also join virtually using the following information:

• Zoom link: https://us02web.zoom.us/j/88432754855

• Meeting ID:  884 3275 4855

• Join by telephone: 888 475 4499

The public is encouraged to submit comments regarding this decision. Submit comments by Jan. 30, 2023 to:
Department of Natural Resources
C/O Kristi Minahan, WY/3
101 S. Webster St., PO Box 7921
Madison WI, 53707
Kristi.Minahan@wisconsin.gov or DNRAdministrativeRulesComments@wisconsin.gov

Here are some possible talking points when you compose your comments.

Voyages of the Eco-Beast

The Eco-Beast has been hard at work since mid-June. First stop, Musky Bay for curly-leaf pondweed, then on to those sites with the most Eurasian watermilfoil - Chicago Bay, Anchor Bay, and now it is in Little LCO. The Eco-Beast is much improved from last year, and multiple trailer loads of plants have been hauled away from the lakes. The volunteer effort has been outstanding. Still some issues - mechanical glitches and the need for even more volunteers. The low lake level has made it difficult to get the Eco-Beast into and out of the water. The trailer has been modified to make it a little easier. Much remains to be done, and it is clear that herbicides will be needed for 2023. Maps of AIS locations are being made and updated for treatment next year.