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Citizens air disgust about lost river access

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About 70 citizens shared their opinions and stories about public access to the Mississippi River by crossing the railroad tracks during one of two listening sessions at the De Soto Community Center Thursday morning. Sen. Jennifer Shilling hosted the session along with Wisconsin Railroad Commissioner Yash Wadhwa and Deputy Manager of the Upper Mississippi Wildlife Refuge Tim Yager. (Photo by Correne Martin)

By Correne Martin

Sen. Jennifer Shilling ridiculed the absurdity of the railroad trespassing law now enforced for Wisconsin sportsmen desiring to access the Mississippi River during a listening session she hosted regionally at the De Soto Community Center Thursday morning. Living in La Crosse near the railroad tracks by the golf course, Shilling sarcastically wondered if golfers unintentionally hitting a ball over the tracks would not be able to cross to retrieve it.

A change in 2006 to Wisconsin state law removed an exemption allowing people to walk directly across railroad tracks in order to fish, hunt and trap along the Mississippi River. Shilling is among those state legislators in favor of keeping public river access available to the people.

The 70 people in attendance at Thursday’s session may have laughed at the senator’s wit, but the seriousness of the matter was evident in the words of those citizens who spoke against the railroads’ actions to deny people’s constitutional rights to fish and hunt on public lands.

“We’re the ones who live here, but [the railroad companies] tell us what they want,” declared Kirk Holiday, a De Soto resident who has utilized the river his whole life. “I’m gonna be taking my grandkids fishing this summer and if they want to put us in jail, I’ll be the first one to go.”

Prairie du Chien’s Bill Howe, the self-declared oldest man in the room, was one of the first to speak. “Twenty-six percent of railroads are not on their own lands, but, all of a sudden, it’s not our right to access them anymore. We never bothered with the documents but now we’re having to pay attention,” he shouted. “We need to work together. We are the future of use. We do not want to be the future of abuse.”

According to media reports, the Wisconsin Department of Natural Resources has identified at least 124 spots where shore access requires crossing tracks; a department memo said the law could be “the largest loss of public access to public waters in the history of the state.”

About 218 miles of BNSF Railway’s tracks separate most of Wisconsin from the Mississippi River and the 240,000-acre Upper Mississippi River National Wildlife and Fish Refuge. According to the Federal Railroad Administration, there are 212 public and private crossings.

Wisconsin’s Railroad Commissioner, Yash Wadhwa, who was appointed by Gov. Scott Walker to the role in January, said his office’s major goal is to make the railroad operation in the state as safe as possible. He explained that state and federal wildlife officials have compiled a list of about 26 locations along the river where new railroad crossings could be installed to compromise on the issue. Those sites will soon be analyzed, more meetings held and then the costs studied to determine how many designated crossings might be added.

However, a private crossing can cost $30,000 to $50,000, Wadhwa said, and public grade crossings can cost more than $500,000.

“This is not only a western Wisconsin issue; it’s a statewide problem. The additional crossings are good but they are not the answer,” responded a Safari Club representative who drove over three hours from Waukesha to De Soto to share his opinions.

Others agreed, saying such a costly compromise is not necessary. Instead, the majority agreed that common sense on the part of citizens and some sort of liability relinquishment on the part of the railroads is all that’s needed.

“People who want to get hit on the railroad tracks are going to get hit on the railroad tracks,” the Safari Club rep said, alluding to intoxicated or suicidal individuals who account for most trespasser casualties.

“People dying on the tracks are dying at legal crossings,” added Mark Schultz, representing the city of La Crosse. “This issue is not about accessing private property in the essence of the usual sense. It’s about accessing a piece of private property for a public purpose. It’s the people’s land and water, not the government’s.”

Frank Lemay, of Ferryville, also dismissed the compromise. “Your approach seems to be point access,” he stated. “But we need access all the way up and down the river.”

Pat McCabe, who lives 150 feet from the railroad tracks in De Soto, said he’s been crossing the tracks for decades and will not stop. “We’re trying to fix something here that’s not broken,” he pointed out.

According to Shilling, legislative efforts to alter the trespassing law have failed twice in the past year. One bill passed the Assembly but died in the Senate; the other was vetoed by the governor in July.

Commissioner Wadhwa and Shilling both encouraged the crowd to share their complaints and suggestions with their state representatives. Wadhwa said the Federal Safety Board is also accepting comments on safety at this time.

“If we don’t get a satisfactory solution, we will introduce it again and again,” Shilling said.

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