Wisconsin Valley Improvement Co. v. United States

EASTERBROOK, Chief Judge.

Wisconsin Valley Improvement Company operates dams and other improvements in or near the Wisconsin River. Some of the dams need licenses from the Federal Energy Regulatory Commission. When the Company proposed to renew one hydro-power license, the United States Forest Service asked the Commission to condition renewal on steps that would curtail flooding of federally owned lands and compensate the United States for the loss of use. The Company replied that it enjoys flowage easements over these lands — easements that, the Company maintains, arose by the passage of time…