The big problem to public access to totally private waters that exist as a private utility or government property is the liability issue. What the state legislature needs to do is to pass a very comprehensive Public Doctrine law that absolves private utilities, private corporations, non-profit organizations (land trusts, etc.) and state and local governments from any kind of liability for allowing the use of their properties for the public good (recreation, fishing, hunting, hiking, etc.) These laws would be similar to the laws protecting landowners when a hunter/landowner both sign the Consent to Hunt form. The process would probably require getting a permit like you do for fishing the Saugatuck Reservoir, the NYC reservoirs, etc. or hunting on some of the utility properties like the CL&P lands. The state could use a "carrot & stick" approach of providing some tax relief for those organizations that step up to allowing public access (the carrot) or if they don't step up, then (the stick) in the form of a tax assessment for the taking of public resources from the Public Doctrine resource portfolio. So they would pay a tax surcharge or penalty, even for a non-profit organization, if they disallow public access. That would be my Bill if I were an elected member of the state house or senate.
If I remember correctly, Kenosia water is pumped into West Lake and doesn't go directly to the treatment plant so I gotta wonder how much some fishermen on the ice at Kenosia would affect the water quality It was a few years ago the city was going to install a walking path around Marjorie Res. part of which is in New Fairfield not danbury. All sorts of issues to question this draconian approach to fisherman.
The more I think about this the more irrational the actions of the City of Danbury are regarding kicking people off of Lake Kenosia. Lake Kenosia has a state owned public access with a parking lot. You pull up, park on state property and walk out on ice which is nothing but frozen water which is owned by the state. You cut a hole in the ice and catch a fish swimming in the water. The state owns all fish, game, and fowl in the state. The City of Danbury is a passive user occasionly pumping water up to a city reservoir, water which is immediately replaced by the Still River and its aquafir. So what gives the City of Danbury any right to kick any person off of Lake Kenosia? This is even worse than the Bantam Lake boat launch owned by the Town of Morris if anyone remembers that saga. The State's Attorney General agreed with the claim that the Town of Morris violated the Constitution's 1st Amendment's Right to Assemble clause. So the Town of Morris was forced to allow all public access through their boat launch even though they owned the land. The Town of Morris in their wildest dreams would not consider banning ice fishing on Bantam Lake. Danbury does not even own the land at the state boat launch on Lake Kenosia. Access to Lake Kenosia is through state owned land controlled by the DEEP, to water owned by the state and managed by the DEEP, to a water source used by the state as a special channel catfish fishery BUT the City of Danbury has veto power over the state and the DEEP to disallow ice fishing? I don't think so. Their only claim to Lake Kenosia is a passive water use as part of the city's water management plan approved by the state. The state through the DEEP control everything having to do with Lake Kenosia and Danbury controls nothing. Lake Kenosia is not a City of Danbury owned reservoir, it is a state owned body of water, surrounded by a combination of state land, private lands, and some City of Danbury land. I can virtually guarantee that the land under the water has no title to it as is the case with most natural bodies of water in the state. The DEEP needs to take action on this issue and defend the rights of the people.
#1555852 - 01/25/1410:34 PM
Re: Kenosia lake Danbury
[Re: Griff05]
Resdog
Member
Registered: 06/20/06
Posts: 2118
Loc: Danbury/Bethel
I just tweeted the mayor he is very active on twitter. I tried to get the town to fix the road in front of the house my girlfriend and I purchased to no prevail took on tweet and a picture to the mayor and the road was fixed in front of the house no more bottoming out. I'll wait for his response.
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