Friday, March 20, 2009

Could Waukesha Legally Spend Federal Funds On A Great Lakes Diversion...

Or could the federal government even grant Waukesha money to use for a diversion - - study or implementing that study - - without the prior consent of all eight Great Lakes Governors, wonders water expert Dave Dempsey?

I disclosed Waukesha's Congressional efforts to obtain up to $87 million in federal funds for its probable Lake Michigan diversion and other water projects, perhaps involving Milwaukee County or city programs.

This is the language in the US Code restricting the use of federal funds relating to the study of the feasibility of diversions outside the Great Lakes basin that Dempsey cites:

Approval of Governors for diversion studies

No Federal agency may undertake any study, or expend any Federal funds to contract for any study, of the feasibility of diverting water from any portion of the Great Lakes within the United States, or from any tributary within the United States of any of the Great Lakes, for use outside the Great Lakes basin, unless such study or expenditure is approved by the Governor of each of the Great Lakes States. The prohibition of the preceding sentence shall not apply to any study or data collection effort performed by the Corps of Engineers or other Federal agency under the direction of the International Joint Commission in accordance with the Boundary Waters Treaty of 1909.

TITLE 42, CHAPTER 19B, SUBCHAPTER IV § 1962d–20, U.S. Code

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