DNR legal review underway on petition to raise Big Lake Courte Oreilles; county to remain neutral

A petition to raise official water levels on Big Lake Courte Oreilles is currently under legal review at the Wisconsin Department of Natural Resources, Sawyer County staff told the Land, Water and Forest Resource Committee on June 1, 2025. The committee agreed to remain neutral while the DNR finishes its draft order, and the DNR will hold an official public hearing after legal review and notice.

The county's zoning and conservation staff said the Whitefish Lake Property Owners Association submitted the petition and that the DNR is reviewing an amended draft order that would set Big Lake Courte Oreilles’ minimum and maximum levels. "As of right now, it is back on the DNR's hands, going through again their legal review process of a amended draft order," the staff member said. "Once they approve the draft order, it'll be sent back to the county for additional review. Then the Department of Natural Resources will hold an official public hearing for the water level change." The staff identified the underlying order as a 1955 DNR order.

Randy John Jack, a cranberry grower who described five decades of farming adjacent to local lakes, told the committee he is concerned the DNR process lacks clarity and timely opportunity for public fact-finding. "I'm shocked that there's not a clear cut procedure from the DNR on how they address this," John Jack said, citing eroded shorelines and a telephone pedestal tipping toward the lake as evidence of historically higher levels.

John Jack urged clearer public involvement before decisions are made and questioned technical claims that raising Big Lake Courte Oreilles would affect Whitefish Lake. He described lake elevation terminology and multiple datums in current use that can differ by more than a foot, which he said contributes to confusion for residents and property owners.

County staff told the committee that the county has not taken a position for or against raising the lake and that the county's role has been to provide documentation the DNR requests. The staff member said the DNR's amended draft order remains with DNR counsel; only after counsel clears the draft will the county receive it for review and the DNR then schedule a public hearing. "The county has remained neutral in wanting to either raise or keep those water levels, but we have facilitated the documentation that the Department of Natural Resources needs in order to move forward with this petition," the staff member said.

Committee members discussed timelines and the difficulty of scheduling a hearing while legal review continues. The staff said the DNR generally must give at least two weeks’ public notice before a hearing and that the committee would likely have time to hear presentations from both proponents and opponents before the DNR’s hearing. Jane Getting of the Whitefish Lake Property Owners Association said she would present to the committee if placed on a future agenda.

The committee also heard related water-management updates: Nelson Lake underwent a drawdown last fall to repair a boat ramp and remained about 10 inches below ordinary water level at the time of the meeting. County conservation staff said a stop log was expected to be reinstalled later in the week and that full pool was anticipated by the Fourth of July weekend, weather permitting. The committee was also briefed on a point-intercept survey and grant-funded aquatic invasive species work on Lake Loretta to control curly-leaf pondweed.

The DNR has the statutory authority to amend official lake-level orders; county staff repeatedly emphasized that final decision-making authority on the petition lies with the DNR and that the county’s role has been primarily administrative and facilitative.

Looking ahead, the committee agreed it would schedule presentations from both the Whitefish Lake Property Owners Association and local opponents before the DNR holds its public hearing, if timing permits. The DNR contact named in public comments was Jacob Gruffner in Spooner; county staff said the DNR's legal-review timeline would determine the next formal public-notice step.

Sources: testimony and staff presentations at the Sawyer County Land, Water and Forest Resource Committee meeting.