Wisconsin Statutes
Wis. Stat. § 94.26 (2026)
Cranberry culture; maintenance of dams, etc
✓ current as of July 2026
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94.2694.26 Cranberry culture; maintenance of dams, etc. Any person owning lands adapted to the culture of cranberries may build and maintain on any land owned by the person such dams upon any watercourse or ditch as shall be necessary for the purpose of flowing such lands, and construct and keep open upon, across and through any lands such drains and ditches as shall be necessary for the purpose of bringing and flooding or draining and carrying off the water from such cranberry growing lands, or for the purpose of irrigation, fertilization and drainage of any other lands owned by the person; provided, that no such dams or ditches shall injure any other dams or ditches theretofore lawfully constructed and maintained for a like purpose by any other person.
94.26 AnnotationThis section exempts cranberry growers from the permit requirements of s. 30.18 for diversion of water for agricultural purposes. State v. Zawistowski, 95 Wis. 2d 250, 290 N.W.2d 303 (1980).
Notes of Decisions
Cited in 3
cases, 1980–1989 · leading case: State v. Zawistowski.
State v. Zawistowski (Wis. 1980). “1973, which would require him to obtain a permit or whether his operation is governed by sec. 94.26, Stats. 1973, the “cranberry law,” in which case he was exempt from the permit requirement.”
Tenpas v. Dep't of Nat. Resources (Wis. Ct. App. 1987). “The Department of Natural Resources (DNR) appeals from a summary judgment declaring that sec. 94.26, Stats., exempts cranberry growers from compliance with sec.”
Tenpas v. Dep't of Nat. Resources (Wis. 1989). “However, the power to control cranberry dam maintenance has already been granted to the owners of those dams in sec. 94.26, Stats. The DNR cannot also control the maintenance of those dams without diminishing the previously conferred rights of cranberry dam owners.”
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