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Lack of Compact Stalls Water Flow to the Suburbs
New Berlin mayor "frustrated" by Lazich's tactic

by Dennis A. Shook




(click for larger version)
September 20, 2007
There will be no Lake Michigan water for New Berlin in the near future, and the city may have its own state senator to blame.

The special Legislative Council Committee failed to reach a consensus on a Great Lakes Water Compact that would set new rules for Lake Michigan water. Eight U.S. governors and the heads of two Canadian provinces have signed the compact, though it would still need to be ratified by their legislative bodies and then by the U.S. Congress.

But state Sen. Mary Lazich (R-New Berlin), a committee member, wanted to make several changes to the compact. Those changes would then have to be accepted by all involved parties. A number of committee members said the changes rewrote the preliminary compact agreement, ultimately causing its death, or at least lengthy delays.

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Lazich said she objected to the compact allowing governors from other states to prevent water from being sold to communities, like New Berlin, that straddle the sub-continental divide. The divide is considered the boundary of the Great Lakes basin in Wisconsin. Michigan Gov. Jennifer Granholm has said she will oppose and veto the diversion of water to any community that is outside the Great Lakes basin, including New Berlin.

"I cannot agree to a compact that gives another governor veto-power over Wisconsin water," Lazich said. Of course, Lake Michigan water does not belong to any one state.

Lazich also wanted to change the language in the compact so that Mukwonago, which is in her district and is partly located outside of Waukesha County, could also access Lake Michigan water. Waukesha has been seeking to purchase Great Lakes water as well.

The compact as written allows communities that are completely located within the county, even those west of the basin, to apply for a diversion of Lake Michigan water.

Lazich added that Milwaukee is using its water to try to force her support for the compact.

"We shouldn't have to say 'Mother may I' to Milwaukee," Lazich said of water access. "This is an extortion issue by Milwaukee and I don't take kindly to that."

Officials from Milwaukee and the state of Wisconsin have said they would treat the compact as law once it passes the state Legislature, without waiting for the other states to act. Leaders from both the city and state said they would support the sale of water to New Berlin at that point.

New Berlin Mayor Jack Chiovatero said he was "frustrated" with Lazich over the issue. He said the senator told him that legislators in Ohio were going to scuttle the compact anyway, and that Lazich wanted the special committee to join with Ohio in rewriting the compact.

Looking at Alternatives

The problem facing New Berlin is that it needs a clean water source by next summer because radium levels in its city water exceed federal allowances. New Berlin officials argue that the best source for clean water is Lake Michigan, through the city of Milwaukee.

But Milwaukee Mayor Tom Barrett said he will wait until there's a decision on the compact.

"I will not sell water until there is a compact in place for Wisconsin," Barrett said. "I am hoping that Gov. (Jim) Doyle will grab the bull by the horns and help shepherd a compact through" the state Legislature.

Chiovatero said he has been talking to Milwaukee aldermen in the hope that they might advocate for selling Lake Michigan water to his suburban city.

"I told them that they have the wrong impression that this is going to fuel development in New Berlin," the mayor said. "We're pretty much all developed and we have plenty of our own water if we use the filters. But it is a health and safety issue. Yet when I met with (Mayor Barrett) on selling us water, he said, 'It's beyond you and I.'"

Doyle was unavailable for comment. But his spokeswoman, Carla Vigue, said the governor is already working on a compromise that could be passed by the state Legislature. Vigue said she could offer no details, however.

Lazich said she intends to introduce her own version of a compact to the state Legislature this fall. But state Sen. Neal Kedzie (R-Elkhorn), who chaired the special committee, said the state Senate, controlled by Democrats, is unlikely to pass a Republican plan. Similarly, state Rep. Jon Richards (D-Milwaukee) said he would also propose a compact version. But Kedzie pointed out that Republicans control the Assembly, making passage of a bill written by a Democrat unlikely.

However, Richards said his proposed compact bill could win bipartisan support "and will allow us to have a fresh start at this."

Kedzie said it is possible that another special compact committee could be formed in a year or so. He said that a nonpartisan setting is the most likely way to work out differences.

With a stalemate likely to be in place for the near future, New Berlin Mayor Chiovatero said he is considering other options.

"Milwaukee was my preference, because we already receive some water from Milwaukee," Chiovatero said. He added that Oak Creek or Racine could be alternatives if Milwaukee isn't interested.

Chiovatero said the city could also install radium remediation filters, which would allow the city to use its current water supply.

"But that's going to cost about $5 million" to install, not to mention operation costs, he said. "Still, we need an answer now."

Todd Ambs, administrator for the Water Division of the state Department of Natural Resources (DNR), confirmed that the city would likely need an alternate source of water by next summer. Ambs, who spent five years representing Wisconsin during the compact negotiations, said New Berlin had been given an extension by the DNR on its radium remediation efforts during the compact talks. And he said the state would likely give its permission for a water sale from Milwaukee to New Berlin if the compact passes. But now that the compact appears to have stalled, that extension would likely end.

Forcing a Lawsuit?

Lazich has hinted that New Berlin might bring a lawsuit to try to force accessibility to Lake Michigan water. Ambs acknowledged that the compact was conceived out of fear that the existing rules for Great Lakes water regulation—known as the Water Resources Development Act (WRDA)—could be ruled unconstitutional. That would leave the region with no established rules to prevent states outside the region from seeking the water and rapidly depleting the resource.

One committee member, Jodi Habush Sinykin, said that communities like New Berlin and Waukesha "have been less than subtle in expressing" that they would likely sue in their quest for water.

"But the folks in those communities have to understand that such an approach would have the people foot this very expensive (litigation bill)," she said.

Richards said the anxiety about a lawsuit is real.

"That has definitely been the fear," Richards said. "There are cases winding their way through the courts now that would overturn WRDA. I know Waukesha was considering that strategy at some point."

Many are frustrated by the failure to reach a committee agreement, but said it was not unexpected.

"I'm not that surprised that something of this magnitude would take more work," Ambs said of the compact. Illinois and Minnesota have already passed the compact as offered, but Ambs noted that "the average length of time for compacts to pass in the U.S. is eight to 12 years."

There is no near-term deadline for passing the compact, as it must be passed by all eight states involved and Congress to become law in the United States.

What's your take?

Write: >editor@shepherd-express.com.


View images.
Comments
Radium Filtration
September 20, 2007 | 02:15 PM

Just install the radium filter system and call it a day.

Lawsuits and continued efforts on the debate will probably end up costing more.

Adam
Lack of Compact Stalls Water Flow to the Suburbs
September 24, 2007 | 10:28 PM

The Polar icecaps are melting. Won't the run-off increase the volume of the Great Lakes? I think we should make plans to give water to whomever wants it(california, Arizona, etc.) and keep the levels down. I think our selfishness will be our downfall.

Valerie Vernon

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