Court settlement reached in 2021 Devil Creek fish kill

On Oct. 1, 2024, Wisconsin Attorney General Josh Kaul announced a settlement has been reached with the previous owners/operators of Morning View Dairy - Morning View Dairy, LLC, Erich W. Roth, the Erich Roth Living Trust, Heinz Roth, and Heinz Roth Living Trust - near Merrill. Wisconsin Department of Justice (DOJ) Public Protection Unit Assistant Attorney General Emily M. Ertel represented the State. Lincoln County Circuit Court and the State legislature’s Joint Committee on Finance approved the settlement on Sept. 26 wherein “the defendants agreed to pay $70,000 to resolve violations related to a fish kill in Devil Creek caused by the dairy in 2021,” a press release from AG Kaul said. $50,000 of the $70,000 settlement will be paid to the Wisconsin Department of Natural Resources for the fish killed, and the remainder includes forfeitures and surcharges, as well as court costs and attorney fees.
“The State alleged that a leaky valve on the dairy’s manure storage facility allowed manure to escape and flow into Devil Creek,” the release said. “DNR first received a report of contamination in Devil Creek on June 9, 2021. On June 10, 2021, DNR fisheries staff observed distressed, dying, and dead fish in Devil Creek from the dairy downstream to the creek’s confluence with the Wisconsin River. The manure caused the dissolved oxygen in the creek to drop to near zero and resulted in a complete kill of all species and sizes of fish over 3.8 miles of the creek.”
“The public can help ensure that violations of our water laws are addressed,” Kaul said. “Thank you to the person who provided the tip that led to the investigation in this case.” To report water contamination or a fish kill anonymously, call the DNR Tip Hotline at 1.800.TIP.WDNR (1.800.847.9367).