Friday, August 3, 2012

DNR Says Waukesha Water Seller Must Supply Additional Municipalities

The DNR seems to have made up its mind on a key portion of Waukesha's Lake Michigan diversion application - - the breadth of an expanded water service territory - - before it has finished reviewing the application, released an Environmental Impact Statement, held hearings, taken input and decided whether to send the application on to seven other states and two Canadian provinces for their reviews.

I can't see how this process [Sic], helps Waukesha with the other states - - all of which must sign off on the application before a diversion could be begin - - as none of the other municipalities Waukesha added to its diversion application have sought Lake Michigan water or meet other eligibility criteria.

Water can only be diverted outside the Great Lakes basin in a limited number of circumstances under the terms of a multi-state Compact Wisconsin approved in 2008 where water need is proven and all other reasonable options are unavailable.

11 comments:

THIRSTY said...

The arrogance of it all..

Anonymous said...

Not 1 drop.

Anonymous said...

They could just drink pee, right?

Bill McClenahan said...

The same law you cite -- Wisconsin's adoption of the Compact in 2008 -- is the law that created water supply service areas for anyone applying for water under the Compact, at the request of the Doyle Administration. That same law says the water supply service area must be consistent with the sewer service area. I don't remember you objecting at the time or urging Governor Doyle not to sign the bill.

James Rowen said...

I also remember the law said that by 2011, the state needed to adopt administrative rules that would govern the application process - - and which has yet to be completed, and leaves the process open to question.

James Rowen said...

Bill - - I posted during the Doyle administration and before Waukesha completed its application that Wisconsin law required the state to have in place by 2011 the administrative rules governing the construction and processing of a diversion application, and that rule-making is still not complete.

An example is here: http://thepoliticalenvironment.blogspot.com/2009/09/time-enough-after-more-than-15-months.html

That is dubious process #1.

#2 is SEWRPC creating a water service territory map for the application without a hearing, so the map was crafted by fiat, administratively - - defeating the public input thrust of the Compact.

A. Wag said...

Thank you Scientist, Economist, and Legal Scholar, Stepp.
Your brilliance is exceeded only by your beauty.

Eye On You said...

There are so many dubious processes at work here, we're going to need multiple sets of fingers and toes to track them all:

#22: Installing Dan Vrakas's former Chief of Staff on the PSC, just in time to make critical, pro-diversion decisions.

#3: Slipping into the legislation that the water service areas must match the sewer service areas.

#65: Having the Waukesha Common Council change its rules to limit public comment before the Common Council meetings.

#4 - #20: Etc.

#23 - #64: More of the same.

#66 - infinity: And so on.

Yes, Mr. Bill, you're the orchestrator of an infinite number of dubious processes, dirty tricks, and behind-the-scenes manipulations. You'd better triple-check with the lawyers to be sure it's all legal.

Anonymous said...

Bill,
How does Waukesha justify the service area need for Lake Michigan water with the 2008 definitions of the compact for a diversion exception?

The current service area serviced by the WWU is under a mandate by court order to make all sources compliant by 2018 to the federal and DNR radium level (which can be achieved by adding radium filters to all wells without a Lake Michigan diversion). Other than a few households which had well contamination in the proposed expanded service area, the water from current shallow well sources is not from the WWU and is not affected by water from the WWU court order.

The communities in the expanded service area plan don't appear to meet the compact criteria.

This is a problem for the DNR and Waukesha now that the DNR made a ruling.

Eye On You said...

Say, Mr Bill. Have you sent a thank you note recently to the taxpayers of Waukesha for their largesse in granting another fat contract extension to McClenahan and Associates? Surely the little McClenahans must be grateful to be kept in pencils and Nikes for another year. Lots of Waukesha Dads might wish they could do the same for their kids.

Anonymous said...

BTW Bill,
The Town of Waukesha doesn't have a need and will not be required to connect. So does this mean that the City (current service area) can lay claim to all 18.5 million gallons per day without an additional drop going to the Town if they want inclusion in the service area?

Beware Townies! Make sure any agreement you agree to spells out a guranteed amount of Lake Michigan water for your community.

Think of that value if the city wants to buy your rights to water should you not develop and use your lotted amount.

Think like Milwaukee before you go into that closed door meeting Tuesday. Or you will be sorry.