In an action concerning declaration or partition of rights to water power, the court may appoint a referee and empower the referee to examine into any matters complained of, and upon reasonable notice to the owners or occupants of water power to enter upon and take control of the mills, machinery, flumes, gates, wheels and other appurtenances of such water power and to exercise such reasonable control of the same for such reasonable time and in such reasonable manner as will enable the referee to ascertain the respective rights of the parties and to determine the manner of using, applying and preserving the same.
842.06.Water power referee.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.06 lets a court appoint a referee in a water power rights case who, after reasonable notice, may enter and take reasonable, temporary control of mills, machinery, and other water power appurtenances to work out each party’s rights and how the water power should be used and preserved.
Full Text of Section 842.06
Plain-English Summary
Disputes over water power rights raise a problem ordinary partition cases do not: the property in question is often a working system of mills, gates, flumes, and machinery that someone has to operate while the dispute is sorted out. Section 842.06 answers that problem by letting the court appoint a referee in an action concerning the declaration or partition of water power rights, and by giving that referee investigative authority over whatever is complained of.
The referee’s power goes beyond paperwork. Upon reasonable notice to the owners or occupants, the referee may enter upon and take control of the mills, machinery, flumes, gates, wheels, and other appurtenances of the water power. That control is not open-ended: the referee may exercise it only for a reasonable time and in a reasonable manner, and only for the purpose the section describes — ascertaining the respective rights of the parties and determining how the water power is to be used, applied, and preserved.
Frequently Asked Questions
When can a court appoint a referee under this section?
In an action concerning the declaration or partition of rights to water power. Section 842.06 authorizes the appointment specifically in that kind of case.
What can the referee do at the water power site?
Examine into matters complained of, and, upon reasonable notice to the owners or occupants, enter upon and take control of the mills, machinery, flumes, gates, wheels, and other appurtenances of the water power.
Does the owner get notice before the referee takes control of the equipment?
Yes. Section 842.06 requires reasonable notice to the owners or occupants of the water power before the referee enters and takes control.
How long can the referee keep control of the water power equipment?
Only for such reasonable time and in such reasonable manner as will let the referee ascertain the parties’ rights and determine how the water power is to be used, applied, and preserved — not indefinitely.
What is the referee ultimately trying to determine?
The respective rights of the parties in the water power, and the manner of using, applying, and preserving it.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.06; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin water power rights partitionreferee control of a mill or dam wisconsinwater power referee authority wisconsin statutepartition of water power rights