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New Berlin's Water Woes May Not Be Over
Talks, yes. Sale, not yet.

by Dennis A. Shook

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July 19, 2007
Despite the headlines, New Berlin residents shouldn't believe that officials have found a short-term solution to their long-term water problem.

While a letter from the state Department of Natural Resources (DNR) allows New Berlin to begin "technical" discussions on purchasing Lake Michigan water from the city of Milwaukee, it doesn't mean New Berlin will be able to access the water in the near future.

Contrary to some interpretations, the letter from DNR Secretary Scott Hassett does not allow the communities to conclude any water deal without state approval. And that could depend on the ratification of the regional Great Lakes Water Resources Compact by the state Legislature.

"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 [Water Resources] Compact," Hassett wrote. "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."

But Hassett did not state that a deal was absolutely dependent on compact passage.


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A Straddling Community

New Berlin is considered a "straddling community" under the new compact proposal. That means the subcontinental divide that marks the border of the Great Lakes basin passes through New Berlin, roughly along the same route as Sunnyslope Road. The parts of the city to the east of the divide can—and already have—purchased Lake Michigan water.

New Berlin has been ordered by the Environmental Protection Agency to clean up its water supply, which has radium. So the suburb has turned to Milwaukee for more water.

Milwaukee has placed the request on hold until the pending compact is approved. That pact would allow for the diversion of Lake Michigan water west of the basin as long as an equal amount of wastewater is returned to the basin.

While negotiations for the compact continue, the DNR letter last week said the cities could start working out the details on how such a water deal might be implemented.


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Todd Ambs, DNR's water division administrator, said Hassett's letter to New Berlin Mayor Jack Chiovatero was sent to avoid any delays in a potential water agreement, providing the compact has been passed in Wisconsin. But that passage is hardly assured and there is no firm timetable.

Ambs said the DNR believes it can allow the diversion for New Berlin once the state passes the compact, rather than wait for all eight states involved to pass legislation.

"We would not even have a requirement to notify the other states" for straddling communities, he said.

Ambs said the New Berlin situation differs from the city of Waukesha, which is also seeking Lake Michigan water. Waukesha is not a straddling community like New Berlin, but would be considered part of a straddling county under terms of the proposed compact.

"So New Berlin and Waukesha are in very different places" on accessing water, he said, adding that the Waukesha application would require approval by all eight states bordering the Great Lakes.

Ambs said along with solving the radium problem, New Berlin will send back more water than it uses, so the deal will actually improve Lake Michigan water levels.

Ambs said he was optimistic the state would pass the compact within two years.

Holdup in the Legislature

A special Legislative Council Committee on the Great Lakes Water Resources Compact, which met Tuesday, has until mid-September to reach a compromise on the compact. One legislator who serves on that committee and has opposed the compact is state Sen. Mary Lazich (R-New Berlin). She has said the compact would allow other states to block a diversion of water to New Berlin.

Chiovatero, who has meetings this week with Milwaukee Mayor Tom Barrett to discuss water access details, said he sees Lazich as the major obstacle to solving the city's water woes.

"These are her people ... she lives here," Chiovatero said of Lazich, who could not be reached for comment. "She has Lake Michigan water herself and she's enjoying it. So let everybody else [enjoy] it. This is just a political thing going on that has me upset," he said of her opposition to the compact.

The mayor added that, in a month, he is supposed to decide on whether the city should spend $4 million to clean up the water supply. However, it would not have to spend that money if the compact is passed. "That [remediation cost] would raise the water rates here 21%," he said.

Barrett has indicated some willingness to consider such a sale. But his spokeswoman Eileen Force confirmed Barrett wanted to have the compact ratified before agreeing to sell Lake Michigan water.

Jodi Habush Sinykin, counsel for Midwest Environmental Advocates and a member of the compact committee, agreed with Ambs that New Berlin would directly benefit by supporting the compact.

"It's been difficult to understand why the New Berlin politicians have opposed the compact when it offers the best mechanism for them to move forward toward a diversion," she said.

Sinykin added that if New Berlin were to try to sue for a diversion under the current rules, it could take up to a decade to work its way through the courts.

She said she did not oppose the two cities holding talks.

But state Rep. Jon Richards (D-Milwaukee), who has opposed the idea of Milwaukee selling water to New Berlin, maintains the suburb should not be able to discuss a diversion until the compact is approved. He called the talks "a step backward" for compact approval.

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Today In Milwaukee
Bob Marley’s second-oldest son Stephen Marley plays an 8 p.m. show at The Rave tonight. He’s the Marley offspring most likely to satisfy traditional Bob fans. Unlike, say, Damian Marley, who toasts over grittier dancehall beats, Stephen Marley sticks to the uplifting roots rock that his father perfected. Stephen also seems to have inherited his father’s vocal chords, which at times can make for an errie listen (especially when he covers his father’s songs).


Novelist Laura Moriarty details the push-pull relationships between mothers and daughters in her newest book, The Rest of Her Life. When a popular, successful 18-year-old girl accidentally hits and kills a schoolmate while driving the family car, her mother begins to realize exactly how strained her relationship with her daughter has been. Moriarty reads from this emotionally intense book tonight at 7, at the Schwartz Bookshop in Brookfield.


Isolation and alienation have seldom been captured on film as bluntly as they are in La-bas, a 2006 documentary shot from the perspective of a woman locked away in a Tel Aviv apartment. There’s not much in the way of story beyond that, and viewers never definitely learn why she’s confined herself to the apartment (is she sick? Depressed? Afraid?) Many of the shots, however, are gorgeous, especiall the ones that gaze out the window and spy on others far less alone than the filmmaker. The movie screens tonight at the UWM Union Theatre for free as part of the Experimental Tuesday series.


Of course, if you like your movies to be less, uh, harrowing, you could always just catch a 7 p.m. screening of The Wizard of Oz at the Times Cinema. The classic 1939 musical doesn’t contain much rumination on solitude, but it does feature a singing lion.

POLL- Pabst Farms Interchange
What do you think regarding the Pabst Farms I-94 Interchange?
It's outrageous. This is a pure subsidy to private businesses. This former farmland is now worth a fortune, thanks to the average Wisconsin taxpayer
A more modest exit should be built with the developer paying the lion's share of the cost.
This is good for business. It's called progress and the state taxpayers should foot the bill
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