Wisconsin's DNR has apparently signed off, for now, on a proposed diversion of Great Lakes water to supply New Berlin, Wisconsin. That means a 21-year-old federal law that requires the approval of all eight Great Lakes governors, the Water Resources Development Act (WRDA), does not figure in the state's position. Sad day. Even though this does not constitute a formal approval -- New Berlin still needs to take several steps to get access to more Lake Michigan water -- it is not a good sign.
July 13, 2007
Mayor Jack Chiovatero
City of New Berlin
3805 S Casper
Drive
New Berlin WI, 53151
Dear Mayor Chiovatero:
The Department of Natural Resources Division of Water has
completed its review of the Amended Sample Application For Straddling Community
Water Diversion for the City of New Berlin, Wisconsin, submitted by Steven H.
Schultz, P.E., Ruekert Mielke, and
received on March 9, 2007. As part of
the review the proposal was evaluated in comparison to the basic principles of
the Great Lakes Compact and current State Administrative Rules.
Based on this evaluation the proposal does not require a
water loss approval under ch. NR 142 Wis. Adm. Code. Approvals are required from the Department for
the construction of any new water supply facilities under chs. NR 108 and NR
811 Wis. Adm. Codes. At this time no
other additional information is necessary for evaluation in comparison to the
Compact.
Thank you for your cooperation and assistance in the
Department’s evaluation and information efforts related to the Great Lakes
Compact.
Sincerely,Todd Ambs, Administrator
Division of Water
July 13, 2007
Mayor Jack Chiovatero
City of New Berlin
3805 S Casper
Drive
New Berlin, WI 53151
Dear Mayor Chiovatero:
The Department of Natural
Resources, on behalf of Governor Jim Doyle, is authorizing the City of New
Berlin to immediately begin discussions with potential water suppliers to
determine the feasibility of securing Lake Michigan water for use by those
residents of New Berlin in the west side of the city who are currently served
by the Milwaukee Metropolitan Sewer District (MMSD). The Department is also instructing New Berlin to bring any agreement reached with a
jurisdiction to provide water to New Berlin
back
to the Wisconsin DNR so that we can ensure that any such agreement complies
with all aspects of New Berlin’s application for Great Lakes water. The review step will be required before any
water could flow from Lake Michigan to the west side of New Berlin.We have also informed other jurisdictions in the Great Lakes Basin that we will be happy to share that water provider agreement with them at that
time prior to completing our review.
This authorization enables your
community to move forward with technical discussions to determine if a
Lake Michigan water source can be secured to address radium
contamination, as you know, a serious public health concern with your water
supply. This authorization is limited to
the service area within the City of New Berlin.
We strongly believe that these
discussions must move forward now. If a
Lake Michigan source can be secured your application clearly demonstrates that
there will be NO adverse impact whatsoever on the water quantity in Lake
Michigan and the water quality of Lake Michigan water will be improved.
We also firmly believe that this
application meets the standards of the Great Lakes Compact – even though those
standards are not yet law. In fact, the
application and process went well beyond what is envisioned for communities
like New Berlin under the Compact. You are to be
commended for your excellent effort.
Again, we wish to stress that a
final decision can only be made once we are satisfied that any water supply
agreement that you negotiate clearly complies with all aspects of New Berlin’s
application. The final review and how it
will be conducted will be heavily influenced by the status of the state
legislation here in Wisconsin to ratify the Great Lakes Compact.
In short, we need to pass the
Compact in Wisconsin. If the Compact is law in Wisconsin by the time New Berlin reaches an agreement with a water provider, the path to the completion of the
final review will be much easier to walk.
Thank you for your cooperation in
this matter.
Sincerely,
Scott Hassett, Secretary