Major Great Lakes Diversion Rules Discussion In Chicago June 10

I'm reposting this earlier item I had put up about the big meeting in Chicago, on June 10th.

There will be a discussion there directly relevant to Waukesha's diversion application - - and, I'd ask also - - whether Waukesha's diversion plan, since it includes delivering Lake Michigan water to portions of Pewaukee, Genesee and the Town of Waukesha, must also have the approval of those local governments, too.

Thirty-Five Groups Call For Stronger Great Lakes Diversion Rules

A very large coalition of organizations across the Great Lakes wants formal rules in place before requests for diversions of water piped outside the Great Lakes basin have their pivotal, regional review.

The first such application has been filed by Waukesha, WI, but is in the most preliminary phase of review by Wisconsin's Department of Natural Resources and has not reached the other Great Lakes states or the Regional Body and Council managing the Great Lakes Compact of 2008 for broader consideration .

The Compact sets up review procedures, but the Regional Body and Council have yet to write rules for how to process an out-of-basin application.

At a June 10 meeting in Chicago, regional Compact officials will decide whether to issue interim rules - - the organizations want final rules issued instead - - prior to Waukesha's application being considered.

There is plenty of time for regional officials to get their ducks in line, as the DNR's review will easily take six months to a year - - perhaps longer if substantial rewriting is required, or if the eventual public hearings also surface new and better analyses for Waukesha and the DNR to consider.

In fact, officials in charge of drafting Waukesha's application delayed submitting the final draft to the DNR until six weeks after the Waukeska Common Council approved an earlier draft for submission to the DNR, and there is a dispute over whether that final draft needs a Common Council vote.

Note also that the Wisconsin DNR is performing its review without having written its administrative rules defining how a Wisconsin community should draft an application.

I have been writing about this point for some time now. Sample from a year ago, here.

Or more recently.

Yes, the DNR is offering guidance to Waukesha, and is writing a plan for analyzing the application, but without traditional and legally-binding administrative rules, the procedure will be ad hoc.

The other Great Lakes states should not repeat Wisconsin's 'no-rules-first' mistake.

More information here.