DNR Urges Progress on Great Lakes Compact, Discussions About New Berlin's Great Lakes Water Plan

The Wisconsin Department of Natural Resources has completed its review of an application by New Berlin for diverted Lake Michigan water, and has sent letters to New Berlin officials making several points about New Berlin and the bigger picture - - adoption of the pending Great Lakes Compact.

The letters, reproduced below as text, highlight that:

a) The New Berlin application is acceptable, but more DNR and other approvals are still required.

b) The Great Lakes compact needs adoption by Wisconsin to rationalize future application procedures;

c) Discussions should begin with entities that may ultimately supply New Berlin with Lake Michigan water and treat the returned wastewater.

The Compact would establish first-time rules, procedures, conservation expectations and other standards for eight Great Lakes states as applicants in their boundaries seek diversions of water from the Great Lakes.

Here are the texts of the DNR letters, with the bigger picture letter first:

101 S. Webster St. Box 7921 Madison, Wisconsin

53707-7921 Telephone 608-266-2621 FAX 608-267-3579 TTY Access via relay - 711

Jim Doyle, Governor Scott Hassett, Secretary
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

cc: Steven Schultz – Ruekert Mielke
Rick Johnson – New Berlin
Jill Jonas – DG/2
Todd Ambs – AD/5
Chuck Ledin
Rhonda Volz – SER

Second letter:

101 S. Webster St. Box 7921 Madison, Wisconsin 53707-7921 Telephone 608-266-2621 FAX 608-267-3579 TTY Access via relay - 711

Jim Doyle, Governor Scott Hassett, Secretary

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

cc: Steven Schultz – Ruekert Mielke
Rick Johnson – New Berlin
Jill Jonas – DG/2
Todd Ambs – AD/5
Chuck Ledin
Rhonda Volz – SER