HomeMy WebLinkAbout91-049 - � February 7, 1991 # 91-49 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: ENDORSE STATE EFFORTS TO PRESERVE
FOX RIVER LOCKS SYSTEM
INITIATED BY: CITY COUNCIL
WHEREAS, the U.S. Army Corps of Engineers has been conducting a
Section 216 Disposition Study for the Fox River Project and is propos-
ing to dispose of said project by transfer of ownership to the State
of Wisconsin or other local governmental entity based on the premise
that the project no longer fulfills its original authorization; and
WHEREAS, the Governor of the State of Wisconsin has challenged
certain assumptions in the Section 216 Study that commercial
navigation was the only authorization for the project and
demonstrated, after further legal research by the Corps, that flood
control was also a basis of authorization for the project; and
WHEREAS, the U.S. Army Corps of Engineers has acknowledged that
the water regulation portion of the project including ownership and
maintenance of the dams, management of flow in the Lower Fox River and
concurrent management of lake levels in the Winnebago Pool is
nationally significant and critically dependent to the economy of the
Fox River Valley; and
WHEREAS, the Governor has negotiated in good faith with the U.S.
Army Corps of Engineers in behalf of the State of Wisconsin and the
affected local governmental entities relative to the navigation por-
tion of the project and feels that he cannot in good conscience accept
the terms of the Corps ' offer for the transfer of ownership of the
navigation system to the State of Wisconsin; and
WHEREAS , the U. S . Army Corps of Engineers, having failed to
transfer the navigation portion of the Fox River Project to the State
of Wisconsin, is now turning to local governmental entities directly
impacted by land holdings of the Fox River Project with offers to
transfer appropriate portions of the project within local governmental
entity jurisdictions to said entities; and
WHEREAS, the Common Council of the City of Oshkosh agrees with
the negotiating stance of the Governor of the State of Wisconsin; and
WHEREAS, the Common Council of the City of Oshkosh recognizes
that the U.S. Army Corps of Engineers has let the physical condition
of the navigation portion of the Fox River Project deteriorate through
a program of deferred maintenance;
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" + February 7, 1991 # 91-49 Cont'd.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City
of Oshkosh, that the U. S . Army Corps of Engineers be required to
maintain ownership and management of the dams for purposes of
regulating water flow in the Lower Fox River and lake levels in the
Winnebago Pool.
BE IT FURTHER RESOLVED that the U.S . Army Corps of Engineers
return the navigation portion of the Fox River Project to a restored,
well maintained state before consideration be given by a non-federal
entity to accepting transfer of ownership from the Corps.
BE IT FURTHER RESOLVED that the proper City officials are author-
ized and directed to communicate this position statement to the appro-
priate governmental agencies and to take any necessary and appropriate
actions to implement this resolution.
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