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3/19/2008
Frank Lasee: Take time to get the Compact right

The Great Lakes Compact has been in the news lately. Four out of eight of the states have approved the compact: Illinois, Indiana, Minnesota, and New York. The remaining states yet to ratify the compact are Wisconsin, Pennsylvania, Michigan and Ohio. Canadian provinces of Ontario and Quebec must also act.

Ohio, Illinois and Wisconsin share a problem with geography. These states have communities outside the basin that may need water from the Great Lakes in the future. Under the compact, any one governor of the compact states will have veto power over a water withdrawal from outside the Great Lakes basin.

Less than 20 miles from Lake Michigan, Waukesha is outside the basin. The City of Waukesha’s wells are drawing high levels of radium and other chemicals. One governor could stop Wisconsin’s major cities or businesses outside the basin from drawing water. Communities that straddle counties will have additional compact issues.

The single person veto would allow any one of the eight governors of the states bordering the Great Lakes to veto a water diversion request from a community in a straddling county.

Neighboring states such as Michigan, which is entirely within the basin and would never require a diversion, and Illinois, which has near-limitless diversion ability via the Chicago River, (and they are already taking—and not returning—2.4 billion gallons a day) would control the fate of straddling communities in Wisconsin, such as the City of Waukesha, Stevens Point and Burlington.

It is not in Wisconsin’s long term interest to give one governor from another state the veto power over what happens here in Wisconsin. Look what happened when we gave the governor the power to negotiate compacts with the tribes. Whether we are talking about Governor Tommy Thompson, Scott McCallum or Jim Doyle, it is just too much power. The full legislature provides important checks and balances on a governor’s actions. Let’s either require agreement among the majority of the governors to stop a withdrawal, or a majority of the states’ legislatures.

The second issue, not covered by the mainstream media, is the expansion of government ownership of groundwater, not just in the third of the state in the Great Lakes Basin, but for the entire state. The current Senate enabling language expands the public trust to include groundwater throughout the state, not just in the third of the state in the basin. Currently people are free to tap and use groundwater. If the compact is fully ratified, as the Senate has drafted it, groundwater throughout the state will belong to the state.

Those of us who have concerns about government taking of private property have concerns about this major power grab. This is just the beginning. Once the government owns the groundwater, year by year the state will take more rights away. After all, it is the state’s water.

As the Senate’s enabling language for the compact currently stands, the expanded rights will inevitably lead to the Department of Natural Resources (DNR) creating a permitting process for every home, business, golf course, and agri-business that want to use a gallon of groundwater. The state will now own the groundwater and have the ability to deny its use or to charge for it use. Imagine the lengthy and costly permitting process the state’s DNR could create to prevent wells from being drilled.

Except for the two issues above, I support the Great Lakes Compact.

The media has tried to create a crisis where none exists. The compact has been four years in the making. There is no emergency. There are no imminent diversions of Great Lakes water.

A compromise is being negotiated between the Assembly and the Senate that addresses these concerns.

Compacts are so much easier to get into than to get out of. It makes sense to take the time to get it right from the start. Fixing a problem after it is ratified will be very difficult, maybe impossible.

We have the time to get it right.

Frank Lasee is a Republican and represents the 2nd Assembly District.

COMMENTS

Groundwater is a finite resource. It can be overused or polluted. In our area, groundwater levels are dropping, possibly because of drought and overuse. My own well level is dropping and I may have to drill a much deeper one (arsenic zone). So when I see my neighbor watering his lawn and I know that he is drawing from my aquifer (I have the well logs) and he also has a deeper well for his personal use I feel he shouldn't be wasting a limited resource. His unlimited right to withdraw water has an impact on whether or not I can take a shower. The DNR should regulate groundwater unless you can prove that water doesn't move beyond my property line.

I'm with you on this one - don't like over-regulating surely, but some method of direct consequences for one's own actions - ideally using the market. Haven't thought how to do that in the groundwater instance. Perhaps you might have to ask for Appleton water - ?? JE

dave allen (Wed Mar 19 07:24:52 2008)

Jo,
I'd use Appleton if I could get it. I'd be willing to be annexed of course. But the City told me it would be about $40,000 to get the line(s)from Ballard 300' to my property line. The City property is across the street but the lines aren't. She told me that if I could get 6 or so neighbors to be annexed also then maybe they'd run it for free. There is no chance of getting that critical mass of neighbors out here however. So, we are very careful in how much (and when) water we use, which I suppose is a good thing.

dave allen (Wed Mar 19 17:30:54 2008)