City of Baraboo v. Railroad Commission of Wisconsin

Stevens, J.(1) So far as the navigable rivers of Wisconsin are concerned, “the state may refuse its permission to the riparian owner to build a dam and may attach conditions to its consent, such as the height, strength, mode of construction, etc., of the dam, and perhaps other conditions.” Water Power Cases, 148 Wis. 124, 150, 134 N. W. 330. “If the legislature may wholly refuse permission to erect a dam or other structure in the navigable waters of the state, it follows that it may grant such permission upon such terms as it shall determine will best protect the interests of the public.” Fox…