{dissenting). I respectfully dissent from the majority opinion sustaining the judgment and order of the trial court denying the Conservation Department’s motion to remand the matter to the Public Service Commission for further testimony.
Sec. 23.09, Stats., states that the purpose of the Conservation Act (under which the Conservation Commission derives its powers) “is to provide an adequate and flexible system for the protection, development and use of forests, fish and game, lakes, streams, plant life, flowers, and other outdoor resources in the state of Wisconsin.” The Conservation Department is thus accorded by the legislature the *240exclusive authority to deal with all matters relative to our outdoor resources, which in the instant case consist of trout-fishing resources.
The decision of the Public Service Commission should be reversed as being “(e) arbitrary or capricious” 1 and the matter should be remanded to the Public Service Commission for further testimony. Sec. 227.20 (2), Stats., states that “upon review due weight shall be accorded the experience, technical competence, and specialized knowledge of the agency involved, . . .” In the instant case two agencies are involved. The Public Service Commission, created by the legislature, has the authority to grant permission to build dams, while the Conservation Department was granted authority and power to protect wildlife, game, fish, etc. In view of this, I believe that in the present situation the legislature intended that due weight should be given to the experience and competency of both interested agencies. The Public Service Commission did not give adequate weight to the expertise of the Conservation Department with regard to the proposed dam’s effect on trout fishing. For that reason the order of the Public Service Commission should be reversed and a further hearing held at which “due weight shall be accorded the experience, technical competence, and specialized knowledge” of the Conservation Department.
Sec. 227.20 (1) (e), Stats.