How Stalled Is Waukesha's Water Diversion Application? Some Perspective

You can get an idea of how slowly the City of Waukesha's Lake Michigan water diversion application is moving (the DNR is conducting the first of many reviews, with an Environmental Impact Statement procedure, plus reviews in seven other states and two Canadian provinces yet to happen) by reading through this posting from May, 2009:

Basic questions still on the table were being asked for the record and at public meetings years ago:

...Waukesha Mayor Larry Nelson confirmed that Waukesha will forward a diversion application by the end of this year, but will ask for permission to withdraw 25% less water, or up to 18.5 million gallons daily, than the 24 million gallons discussed earlier, Nelson said.

Eighteen-and-a-half million gallons is still twice Waukesha's daily usage, and even with growth and likely annexations adding future water utility customers, it is still not clear why Waukesha would seek such a substantial surplus of water.

Some other interesting nuggets from the meeting:

Nelson said even though Waukesha had nine years in which to fully meet federal clean water mandates,  the city would be moving forward with its diversion application now because of the complex, multi-state review, and because there could be delays if groups opposing a diversion filed a lawsuit, or if one of the Great Lakes states turned down the application and Waukesha needed to litigate.

Nelson also said Waukesha would soon release lengthy responses to a set of questions posed to the city months ago by local and statewide conservation and environmental groups.

A link to the questions, submitted nearly five months ago, is here.

Among those concerns are:

How will Waukesha manage to send back treated water to Lake Michigan through a yet-to-be named tributary - - perhaps Underwood Creek, or the Root River - - without causing flooding or environmental damage to the tributary;

Will Waukesha will agree to close off its existing wells, or keep them in reserve;

Does Waukesha intend to discharge some treated diverted water into the Fox River through its existing sewage treatment plant knowing that the water will flow towards the Mississippi River, not the Great Lakes, as required by the Great Lakes Compact?

In fact, some of these questions go back to 2006 and pre-date the adoption of the Great Lakes Compact now governing Waukesha's current diversion application:

Environmentalists and others concerned about suburban sprawl question the need for a diversion of Lake Michigan surface water to Waukesha.

They argue that Waukesha needs to better manage the water resources it has and that receiving fresh supplies of Lake Michigan water would encourage even faster growth and more diversions elsewhere.

Questions about how underground water moves to, from and near Lake Michigan, and how surface and underground waters in the region interact are at the center of widespread legal, political and academic debate in Wisconsin, and across the Great Lakes.

Continuing scientific work by federal and University of Wisconsin-Milwaukee researchers, and by staff and consultants for the Southeastern Wisconsin Regional Planning Commission, should produce more facts and interpretations about the science of water in the next 12-18 months.

Those findings could help the legislature write Annex-implementing legislation in 2007, and several Wisconsin environmental and wildlife organizations want the new law to strengthen provisions concerning diversions, conservation planning and public participation in water policy-making.

SS Badger Still Hoping For Coal-Burning Extension

Operators of the SS Badger, the Great Lakes last coal-fired ferry that the US EPA is trying to wean off its dirty, ash-producing fuel, has been told its application for an extension is incomplete.

I've been following the issue - - and the Badger's daily dump of coal ash into Lake Michigan during the sailing season - - for years.

Here is the entire history from the EPA and a recent entry:

On July 18, 2012, EPA notified Lake Michigan Carferry that the permit application submitted on May 23, 2012 was incomplete, consistent with 40 C.F.R. § 124.3.  EPA identified that the application did not contain the five coal ash samples and two ambient lake water samples required by EPA in its letter dated February 24, 2012. 

EPA acknowledged that the company had submitted additional effluent samples that may address the deficiency identified in EPA’s letter, but that the effluent data could not be fully reviewed prior to the end of sixty day period set out in the regulations.  EPA will complete the effluent data review and then notify the company of its determination on the completeness of the application.

Yet Another Enbridge Pipeline Break In Wisconsin

Remember when the Journal Sentinel urged regulators to allow the pipeline firm Enbridge to expand operations in Wisconsin - - but didn't highlight the company's already-tacky record in the state?

Well - - it's happened again.

Hard to keep track of these.

And I love the line in the news story describing a spill of 67,200 gallons as "minor."

You know - - like "minor" surgery. "Minor" when it happens to someone else!

Enbridge pipeline in Wisconsin ruptures

About 1,200 barrels of crude spilled into field

Updated: Friday, 27 Jul 2012, 9:45 PM EDT
Published : Friday, 27 Jul 2012, 9:30 PM EDT

GRAND MARSH, Wisc. (WOOD) - An Enbridge pipeline in Wisconsin pipeline, causing another minor spill.

Enbridge said that a drop in pressure in Line 14 near Grand Marsh, Wis. was detected around 2:45 p.m. CMT Friday.

The line was immediately shut down and isolated. Emergency crews were then sent to the site.

About 1,200 barrels were released into a field off County Road G, initial estimates indicate. That works out to about 67,200 gallons.

Sierra Club, Alliant Helping Clean Wisconsin's Dirty Air

It's been a rough year for clean air in Wisconsin, so hats off to Alliant Energy and The Sierra Club for working towards a settlement with the EPA that will help scrub more coal pollution from the air we all breathe.

Alliant Energy Corp. of Madison will shut down a coal-fired power plant in southwestern Wisconsin while adding pollution controls to a plant in Sheboygan to keep it running, the company announced Friday.

The company announced a $1.4 billion strategy for the power plants owned by its Madison utility, Wisconsin Power & Light Co., that will see the utility rely more on natural gas to generate electricity than it does today...

The Sierra Club was instrumental in getting the stinky Charter St. coal-fired plant shut down in Madison as well.

Results!

Cullen Tiff Over Committee Chairmanships Worked Out

Glad to see that State Sen. Tim Cullen (D-Janesville) and Majority Leader Mark Miller, (D-Madison), found a way to get Cullen leadership recognition and a path back to the caucus.

Cullen looked peevish for a few days and got significant assignments, including the chairmanship of a new mining committee.  Keep your eyes on that.

Prosser Recusal Strategy Moving Forward

State Supreme Court Justice David Prosser needs four justices on the seven-member Court to recuse themselves from hearing judicial ethics code complaints filed against him after his confrontation with Justice Ann Walsh Bradley last year, and today we learn he picked up Justice Annette Ziegler's proxy.

With Justice Patience Roggensack already on board, Prosser's four-member righty bloc will fall into line and the case will evaporate.

Since only the Justices can hear such complaints, the recusals end the process.  

Pfft.

You could say the Right has a chokehold on justice in the state, especially on and for the Court, too.

Special Interests Politicize Mining Bill

This is as blatant as it gets:

The state's largest business group is urging the Wisconsin Mining Association not to discuss mining legislation with Democrats and environmentalists until after the November election, when Republicans stand a good chance of regaining control of the state Senate and shaping a bill more to their liking.

The letter came under fire on Thursday from some of the parties involved, including Sen. Robert Jauch (D-Poplar), who said that Wisconsin Manufacturers & Commerce was trying to shut the public out of the process.

The letter sheds a public light on the political strategy of WMC, a powerful business group that has been trying to streamline the state's mining laws after a company with plans for a $1.5 billion iron ore mine in northern Wisconsin demanded major changes.

And about as hypocritical, too. Remember DNR Secretary Stepp's partisan complaining when the first bill went down to defeat?

Cathy Stepp is stirring the pot all over again on the mining issue, and bringing a divisive image to an agency, state government and issues that hardly needs it.

...what we saw happen was just kind of the Senate Democrats and (GOP) Sen. (Dale) Schultz throw it up in the air as if it was confetti at a labor rally...

Waukesha Water Deal Without Milwaukee Solves Problems, Creates New Ones

There was a faction on the Waukesha Common Council and in the city at-large that did not Waukesha entangled, as they saw it, in a contractual relationship with Milwaukee for water and the regional policy cooperation Milwaukee expected.

So a water deal with Racine or Oak Creek instead would ease that political strain in and for Waukesha, though it sets up a fresh obstacle for Waukesha in addition to the higher cost of bringing water from the farther-away municipalities:

There is the return flow issue, as the Great Lakes Compact requires diverted water to be returned as close to the point of withdrawal as possible. The return flow proposed in the diversion application - - the Menomonee River via Underwood Creek - - was designed with a Milwaukee withdrawal in mind.

I believe also that the Environmental Impact Statement being prepared by the DNR is evaluating that return flow as proposed with Milwaukee, too.

How fast could the science could be catalogued and studied should the Root River be used as a return flow route for a Racine sale to meet the EIS requirements and pass the eight-state muster for diversion approval, too?

Everyone Once In A While Greenland Melts...

So scientists will study one such event earlier this month in the context of climate change.

Walker To Speak At Harvard Government Conference On Education, But...

But would the Harvard Medical School have invited Col. Sanders to speak about nutrition?

I'm sure Walker will brag that he cut more money per-pupil from state public school budgets than any other state - - separate from almost $450 million excised from higher ed budgets - - but in case he forgets, here's the chart.

Romney Kicks Off Anglo-Saxon Appreciation Tour

That leaves me out and I'm okey-dokey with it.

But does he have a clue about American residential and voter demographics?

And who is advising him, and why does he want these ignoramuses around and speaking for him?

Walker Outspent Barrett 6:1 In Recall

But you have to get to graf eight for that factoid.

PolitiFact Finds All Four WI GOP Senate Hopefuls Speaking Falsely About Health Insurance

Wisconsin's conservative GOP Senate candidates share much in common when it comes to health care and President Obama.

Falsehoods, says PolitiFact - - with the field going four-for-four. What a coincidence!

The bottom line? A party with character issues.

Tommy Thompson:

Federal health care reforms amounted to ‘the government takeover of health care.’

Tommy Thompson on Thursday, June 7th, 2012 in a television ad:

Tommy Thompson says federal health care reforms are a ‘government takeover of health care’

Jeff Fitzgerald: 

Says "Obamacare" is "the largest middle-class tax increase in history."

Jeff Fitzgerald on Thursday, June 28th, 2012 in a tweet

"Obamacare" is largest-ever tax on middle class, GOP U.S. Senate candidate Jeff Fitzgerald says

Mark Neumann: 

"Obamacare" is the "biggest tax increase in American history."

Mark Neumann on Tuesday, July 10th, 2012 in an interview

Biggest tax hike in U.S. history? "Obamacare," says GOP U.S. Senate candidate Mark Neumann

Eric Hovde:

Says Obama health reform law denies millions "access to affordable insurance."

Eric Hovde on Tuesday, March 27th, 2012 in a blog post

Newcomer and Wisconsin GOP Senate candidate Eric Hovde says "Obamacare" denies millions "access to affordable insurance"

Comments Accidentally Deleted This A.M.

About Cullen, Waukesha water, light rail. Please resend.

Tim Cullen's Self-Centered Folly

The Janesville Senate Democrat (D -?) says his failure to land a big enough committee chairmanship from Senate Democrats is the reason he will bolt the caucus, become an independent and thus undo a year of grassroots struggle and fund-raising to take back the Senate.

Here's a part of his explanation, and in it there is a lot of "I":

"It's an insult to my district," Cullen of Janesville said. "I'm going to leave the Senate Democratic caucus. I will be bound by nothing they decide."

He may gain power as a swing vote courted by both parties, but will lose more in respect from Democrats and others who will see this for the ego trip it is.

Where's the loyalty to policies and ideas?

Remember that Cullen had thought about running for Governor in the recall election, but didn't have the money or support to boost a candidacy.

And he toured with Republican State Sen. Dale Schultz in the name of bi-partisanship.

This move by Cullen is less a clarion call for bi-partisanship, or leadership, than a loud, "look-at-me" Bronx cheer.

Milwaukee Council Rejects Waukesha Water 'Compromise' - - As Predicted

As predicted here, the Milwaukee Common Council rejected a plan by Ald. Jim Bohl to get water talks going with Waukesha.

And by the way, I'm sure Waukesha's note to Mayor Barrett didn't win any support on the Milwaukee Council, either.

Voter ID Is All About Race, And...

First of all, hat tip to James Causey for highlighting the results of a study that links strength of support for Voter ID (read: Voter Suppression) to negative attitudes towards African-Americans.

And to Barbara Miner for an earlier post, too.

Secondly - - I think you can say the same thing about the fringes of the Tea Party/birther movement and its freak-out since President Obama's election: it's all about an unwillingness to accept an African-American president, and African-Americans' full equality in this country.

Thirdly - - to its everlasting discredit, the mainstream [Sic] GOP has embraced Voter ID and the farthest right-wing's race-inspired paranoia to boost Republican electoral majorities, in Wisconsin and nationally.

The party of Lincoln!

Waukesha Water Issue Has Broader Audience Than Us Locals

Media in southeastern Wisconsin are replete with coverage of the Waukesha water diversion issue. Laurel Walker of the Journal Sentinel weighs in, for example, here.

And certainly the issue is local, and what we think of as regional:

Can Waukesha find a willing partner to sell it water diverted from Lake Michigan - - Milwaukee, Oak Creek or Racine - - so there is delivery if Waukesha's formal diversion application is approved?

Will the DNR browbeat the Town of Waukesha in to the City's diversion application?

How expensive will the plan become if Milwaukee is not the supplier, and can a negotiation between Milwaukee and Waukesha get started despite conditions Waukesha and the DNR have rejected, at least for now?

But remember that there are other audiences and decision-makers farther away, and they are extremely important in the final analysis - - in fact, can make or break the application.

For Waukesha to receive the diversion, all eight Great Lakes governors must give their approval, and Canadian provincial leaders along with First Nation officials there are permitted input, though not a vote, as the Great Lakes are a shared resource held in trust, with no owner.

This much larger regional review - - beyond the border at 124th St. or the authority of the DNR - - is where critical issues like Waukesha's plan to return the water as treated, wastewater, or Waukesha's interest in sending water beyond its current borders to four smaller municipalities gets sticky.

And where the DNR's support for the wider distribution - - hung on the very thin reed of mapping decisions by SEWRPC, an advisory regional planning body run by unelected officials - - could easily raise eyebrows, and worse, in the other states.

The Waukesha application is the precedent-setter under a 2008 statutory Compact, and all the reviewers in the others states, and in Canada, are likely to follow every word and comma in the submission.

And in the DNR's processes and findings, too, because when the application goes out for the wider review, it goes with the DNR seal of approval, too.

A few years ago, the DNR sent out a smaller diversion request on behalf of New Berlin to the other Great Lakes states and Canadian regulators for an informal, courtesy review - - a different set of standards applied - - and some tough comments delayed final approval.

You can read some of that, here, below, and factor that history into what lies ahead as Waukesha and the DNR make decisions that will be vetted by regulatory reviewers from Minnesota to New York to Canada with the power to say "yes" or "no."

New York: On Aug. 15, New York officials said the application was without key studies, complete data, adequate water supply descriptions, enough system and geological maps and “descriptions of the situation and feasible options.” New York opined that there was “no evidence that the applicant is aware of or familiar with the full range of applicable state and national regulations, laws, agreements or treaties” and cited other deficiencies or possible inaccuracies. Additionally, New York observed that “the statement of no cumulative impacts is unsupported by any data in the document and does not address potential cumulative impacts to Lake Michigan water levels, shoreline, other users, water-dependent natural resources, etc.”

Illinois: On July 14, Illinois officials suggested the application could be strengthened with data of “forecasts of future water use, both inside and outside the Great Lakes basin.” Illinois also suggested that New Berlin extend its sprinkling ban, evaluate the effectiveness of its conservation planning, and expand its search for well-water alternatives to its proposed Lake Michigan diversion that could eliminate the need for a diversion.

Michigan: On Sept. 25, the state of Michigan said it would not begin a formal review until a full-scale diversion application was received. On Oct. 31, its attorney general said that without a formal application meeting federal standards provided by the U.S. Water Resources Development Act, New Berlin could not proceed.

And all must say "yes" for Waukesha to move forward.

Walker Budget Cuts Cause Hike In GOP Enclave Taxes

Upscale, deeply red-River Hills turned out in droves for Scott Walker, so no complaining, please, about the increase in local school taxes there.

As a result of an estimated 14.4 percent reduction in state aid, the Glendale-River Hills School Board will likely increase its levy by 2.1 percent in the upcoming 2012-2013 school year.

Too bad the good progressives in the middle-class and working-class sections of the district got dragged along for the ride.

Ald. Bohl's Bold Two-Step Water Sale Plan

He suggests one negotiation for Milwaukee water with and for Waukesha, one separately including the smaller ccommunities Waukesha wants to serve.

Interesting proposal to get negotiations started, but I don't see Waukesha agreeing. It wants the whole enchilada now, and has the DNR in its corner.

And wants to be a new regional water wholesaler, so I don't see it accepting a piecemeal ptlan while Oak Creek and Racine purportedly are willing to sell Waukesha all the water it wants.

And while lawyers would decide if the Bohl plan would require a second diversion application, give the Milwaukee alderman credit for his initiative.