

202. The term "water" in Wis. Stats. §86.16(1), which allows any person, firm or corporation to construct or operate pipes or pipelines for the purpose of transmitting water along, across or within the highway limits, with the written consent of local authorities with respect to highways under their jurisdiction, unambiguously includes wastewater. Thus, the Division of Hearings and Appeals had jurisdiction to hear an appeal involving a town's refusal to permit a city to construct a sewer interceptor in the town right-of-way. 5/31/02.

203. A town's authority to consent to the placement of pipelines in the town's right-of-way under §86.16, Stats., is limited both by the legislature's grant of authority to utilities as well as by the scope of the town's police power and a town cannot use that power as a bargaining chip to force a city to provide services to town residents that a city would not otherwise provide under its normal procedures and policies. Town of Barton v. Division of Hearings and Appeals, Case No. 01-1209 (Ct. App., June 6, 2002). 5/31/02.

204. Opinion concludes that city Stormwater Flood Control Project (SFCP) that is intended to prevent flooding and sewage infiltration of residential properties by providing funding assistance to city homeowners for inspections of and improvements to non-public portions of the city's sewer system, including backflow valves complies with the public purpose doctrine. 3/31/04.

205. Contains sample notice for use by municipalities that will not be marking the location of sewer and water laterals pursuant to 2005 Wisconsin Act 425 which expanded municipal obligations under the diggers hotline law. 12/31/06.