Difference between revisions of "Waukesha, WI - An Unprecedented Request to Divert Water from the Great Lakes Basin"

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|Water Project=
 
|Water Project=
 
|Agreement=
 
|Agreement=
|REP Framework=History <ref name = "EPA GL Basic" />
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|REP Framework=In December 2008 the Great Lakes – St. Lawrence River Basin Water Resources Compact was passed into U.S. federal and state law.  The Compact prohibited the transfer of Great Lakes water out of the basin for any use.  However, the agreement provides water diversion exceptions for “straddling communities” and communities within a “straddling county.”  There are multiple conditions set forth that a community in a “straddling county” must meet to be eligible to receive an exemption from the water diversion ban.  Such conditions are:
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(3.a) The Water shall be used solely for the Public Water Supply Purposes of the Community within a Straddling County that is without adequate supplies of potable water;
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(3.b) The Proposal meets the Exception Standard, maximizing the portion of water returned to the Source Watershed as Basin Water and minimizing the surface water or groundwater from outside the Basin;
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(3.c) The Proposal shall be subject to management and regulation by the Originating Party, regardless of its size;
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(3.d) There is no reasonable water supply alternative within the basin in which the community is located, including conservation of existing water supplies;
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(3.e) Caution shall be used in determining whether or not the Proposal meets the conditions for this Exception. This Exception should not be authorized unless it can be shown that it will not endanger the integrity of the Basin Ecosystem;
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<ref name = “CGLG Compact” />
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A community within a straddling county must meet all of the conditions specified in the compact.  When an application for water diversion is filed it is the responsibility of the Originating Party (for the case of the Waukesha, the Originating Party is the Wisconsin Department of Natural Resources) to decide if the application meets all of the conditions listed in the Compact.  If approved by the Originating Party, the application is sent on to the Regional Body (8 U.S. Governors and 2 Canadian Premiers) to review the case and prepare a declaration of findings.  The Council (8 U.S. Governors) then reviews the application while considering the findings of the Regional Body.  An approval for the out-of-basin water diversion application is contingent upon the unanimous support of the Council (the governors of all eight states that the basin is located within). <ref name = “WDNR App” /ref>   
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Legally this process requires stakeholder participation in the form of meetings with the American Indian Tribes and Bands, as well as public hearings and comment periods.  The Wisconsin DNR has already prepared an Environmental Impact Statement (EIS) scope, which has been provided to the public for comment.  The DNR addressed the concerns of the public and is currently reviewing the application in detail.  In the undetermined future, the Wisconsin DNR will release a draft version of a technical review, EIS, and decision.  They will then gain public input, revise the documents and release a final version of the technical review, EIS, and decision.  At this stage in the process, it appears that Waukesha and the Wisconsin DNR have been following through with proper legal and governmental step procedures. <ref name = “WDNR App” /ref>   
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With such established procedures in place, this application process will likely continue in a politically acceptable fashion.  However, the political validity of the final decision will be up for interpretation. The current mayor of Waukesha believes that the integrity of the Compact relies of the approval of Waukesha’s rightful application. <ref name = “Dill”> [http://www.biztimes.com/article/20140414/MAGAZINE03/304099978/0/MAGAZINE], Dill, M. (2014, April 14). BizTimes: Milwaukee and Southeastern Wisconsin Business News. Retrieved May 2014, from Waukesha Water Plans to Move Forward with New Mayor. </ref>
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|Summary=The Great Lakes – St. Lawrence River Basin has been recognized as an invaluable resource for the United States and Canada.  The network of lakes and rivers constitutes 84% of North America’s fresh surface water, and over 20% of the world’s fresh surface water supply.<ref name=“EPA 2”> [http://www.epa.gov/greatlakes/basicinfo.html], EPA. (2012). Great Lakes: Basic Information. Retrieved May 02, 2014.</ref>  The management of the basin is a complex interaction of two nations, eight states, two provinces, and hundreds of First Nation, Tribal, and municipal authorities.  The United States and Canada signed the Boundary Waters Treaty in 1909 to address concerns regarding water quality and water quantity.<ref name=“Newton”> [http://iwlearn.net/publications/ll/stakeholder-participation-in-transboundary-water-management-selected-case-studies/view], Newton, J. T. (2006). International Waters Learning Exchange & Resource Network. Retrieved March 2014.</ref>  Since the signing of this treaty, the two nations have been encouraging public involvement to help dictate the governance of the basin.  Numerous agreements have been signed to ensure the responsible use and conservation of this great resource.  In December 2008 the Great Lakes Compact was passed into U.S. federal law banning the transfer of Great Lakes water from leaving the basin. <ref name=“CGLG”> [http://www.cglg.org/projects/water/], CGLG. (n.d.). Council of Great Lakes Governors. Retrieved April 2014, from Great Lakes Water Management.</ref>
 
|Summary=The Great Lakes – St. Lawrence River Basin has been recognized as an invaluable resource for the United States and Canada.  The network of lakes and rivers constitutes 84% of North America’s fresh surface water, and over 20% of the world’s fresh surface water supply.<ref name=“EPA 2”> [http://www.epa.gov/greatlakes/basicinfo.html], EPA. (2012). Great Lakes: Basic Information. Retrieved May 02, 2014.</ref>  The management of the basin is a complex interaction of two nations, eight states, two provinces, and hundreds of First Nation, Tribal, and municipal authorities.  The United States and Canada signed the Boundary Waters Treaty in 1909 to address concerns regarding water quality and water quantity.<ref name=“Newton”> [http://iwlearn.net/publications/ll/stakeholder-participation-in-transboundary-water-management-selected-case-studies/view], Newton, J. T. (2006). International Waters Learning Exchange & Resource Network. Retrieved March 2014.</ref>  Since the signing of this treaty, the two nations have been encouraging public involvement to help dictate the governance of the basin.  Numerous agreements have been signed to ensure the responsible use and conservation of this great resource.  In December 2008 the Great Lakes Compact was passed into U.S. federal law banning the transfer of Great Lakes water from leaving the basin. <ref name=“CGLG”> [http://www.cglg.org/projects/water/], CGLG. (n.d.). Council of Great Lakes Governors. Retrieved April 2014, from Great Lakes Water Management.</ref>
  

Revision as of 18:45, 21 May 2014

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Case Description
Loading map...
Geolocation: 43° 0' 42.0422", -88° 13' 53.3327"
Climate Descriptors Continental (Köppen D-type)
Predominent Land Use Descriptors industrial use, urban, urban- high density
Important Uses of Water Domestic/Urban Supply, Industry - consumptive use

Summary

The Great Lakes – St. Lawrence River Basin has been recognized as an invaluable resource for the United States and Canada. The network of lakes and rivers constitutes 84% of North America’s fresh surface water, and over 20% of the world’s fresh surface water supply.[1] The management of the basin is a complex interaction of two nations, eight states, two provinces, and hundreds of First Nation, Tribal, and municipal authorities. The United States and Canada signed the Boundary Waters Treaty in 1909 to address concerns regarding water quality and water quantity.[2] Since the signing of this treaty, the two nations have been encouraging public involvement to help dictate the governance of the basin. Numerous agreements have been signed to ensure the responsible use and conservation of this great resource. In December 2008 the Great Lakes Compact was passed into U.S. federal law banning the transfer of Great Lakes water from leaving the basin. [3]


The city of Waukesha, WI has become the first community located fully outside the basin to apply for an exemption to this water diversion ban. Waukesha currently draws its public water supply from a combination of deep and shallow aquifers. The groundwater from the deep aquifer contains radium, which is a carcinogen. The local water utility must mix the two sources to provide a product that can meet the EPA’s standards. The city has until 2018 to meet a stricter set of standards. It is Waukesha’s intention to purchase Lake Michigan water from the nearby community of Oak Creek and discharge wastewater to Root River, which will flow back into Lake Michigan. The case has caught the attention of residents all around the basin living in both countries.[4] The Wisconsin DNR is currently in the process of reviewing Waukesha’s water diversion application. If approved, the application will go on to be reviewed by eight U.S. Governors and two Canadian Premiers. The final decision of this case will serve as an example for how the Great Lakes Compact will be implemented.[5]



Natural, Historic, Economic, Regional, and Political Framework

In December 2008 the Great Lakes – St. Lawrence River Basin Water Resources Compact was passed into U.S. federal and state law. The Compact prohibited the transfer of Great Lakes water out of the basin for any use. However, the agreement provides water diversion exceptions for “straddling communities” and communities within a “straddling county.” There are multiple conditions set forth that a community in a “straddling county” must meet to be eligible to receive an exemption from the water diversion ban. Such conditions are:


(3.a) The Water shall be used solely for the Public Water Supply Purposes of the Community within a Straddling County that is without adequate supplies of potable water; (3.b) The Proposal meets the Exception Standard, maximizing the portion of water returned to the Source Watershed as Basin Water and minimizing the surface water or groundwater from outside the Basin; (3.c) The Proposal shall be subject to management and regulation by the Originating Party, regardless of its size; (3.d) There is no reasonable water supply alternative within the basin in which the community is located, including conservation of existing water supplies; (3.e) Caution shall be used in determining whether or not the Proposal meets the conditions for this Exception. This Exception should not be authorized unless it can be shown that it will not endanger the integrity of the Basin Ecosystem; [6]


A community within a straddling county must meet all of the conditions specified in the compact. When an application for water diversion is filed it is the responsibility of the Originating Party (for the case of the Waukesha, the Originating Party is the Wisconsin Department of Natural Resources) to decide if the application meets all of the conditions listed in the Compact. If approved by the Originating Party, the application is sent on to the Regional Body (8 U.S. Governors and 2 Canadian Premiers) to review the case and prepare a declaration of findings. The Council (8 U.S. Governors) then reviews the application while considering the findings of the Regional Body. An approval for the out-of-basin water diversion application is contingent upon the unanimous support of the Council (the governors of all eight states that the basin is located within). Cite error: Closing </ref> missing for <ref> tag



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  1. ^ [1], EPA. (2012). Great Lakes: Basic Information. Retrieved May 02, 2014.
  2. ^ [2], Newton, J. T. (2006). International Waters Learning Exchange & Resource Network. Retrieved March 2014.
  3. ^ [3], CGLG. (n.d.). Council of Great Lakes Governors. Retrieved April 2014, from Great Lakes Water Management.
  4. ^ [4], Milwaukee River Keeper. (n.d.). Waukesha Diversion. Retrieved May 1, 2014.
  5. ^ [5], WDNR. (n.d.). Wisconsin Department of Natural Resources. Retrieved May 2, 2014, from Waukesha Diversion Application.
  6. ^ Cite error: Invalid <ref> tag; no text was provided for refs named name