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4/10/2008
Rep. Kevin Petersen: Details on Great Lakes Compact
Assembly Republicans have been working with members of Governor Doyle’s Administration and the Department of Natural Resources to give careful scrutiny to the full details and the unintended, but potentially severe, consequences of this important legislation.
The Compact agreement announced this week includes special provisions for Wisconsin communities that otherwise would be denied Great Lakes water use, establishes that groundwater will not be included in the state’s public trust, and addresses the concerns of the “one state veto”.
New state of Wisconsin statutory language will be created which directs the Department of Natural Resources (DNR) to evaluate all applications for transfers of water from a Great Lake. This evaluation must use the same standards the federal Water Resources Development Act (WRDA) has historically applied.
Changing the statutory language will put any application for Great Lakes water (within the state of Wisconsin) on the same footing as previous applications already approved in locations like Menomonee Falls and Kenosha. With input from affected communities and businesses, this change accomplished the goal of putting Wisconsin communities on equal ground with other Great Lakes states when it comes to water resources.
The definition of a “community within a straddling county” was changed in the agreement as well. This was a big issue for communities that are in a County that straddles the basin divide, but are not “wholly” within that County.
Under the Senate version of the Compact Legislation municipalities like Mukwonago, Lac La Belle, and Burlington would not be eligible to receive water from Lake Michigan because their boundaries extend outside of the straddling county.
In order to take care of this problem, language was inserted in the Water Supply Service Area Plans for Public Water Supply Systems section. This change will allow those communities the opportunity to access Great Lakes water for the portions of the community that resides within that straddling county.
Current compact language states: “The Waters of the Basin are a precious natural resource shared and held in trust by the states.” While that sounds reasonable, the problem is that “waters of the Basin” is defined as not just the Great Lakes streams and navigable surface waters, but also includes groundwater and wells that run under and supply the homes of private property owners.
This expansion of the Public Trust Doctrine would have been the first time in Wisconsin history that groundwater was placed in “trust,” and would have represented a huge infringement on property owners’ rights because property owners would no longer “own” the water underneath their land.
The agreement reached will add language to the preamble of the Compact and in Wisconsin state statutes that clearly identifies and clarifies passage of the Compact does not create any new public trust rights.
At this time, Minnesota, Illinois, New York and Indiana have enacted the Compact into law, and with this deal Wisconsin will be the fifth state to do so. Ohio, Pennsylvania and Michigan have not yet signed on to the Compact, and there is no definitive answer at this time whether Congress will vote to ratify the agreement.
We have a responsibility to protect the water of the Great Lakes for future generations in Wisconsin. From recreation to tourism to shipping and industry, our state is defined and sustained by water. With the passage of this legislation, we are not only protecting the Great Lakes today and tomorrow, but we are ensuring that the Compact we passed was strong, well-thought-out and fair for Wisconsin.
Rep. Kevin Petersen is a Republican and represents the 40th Assembly District.
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| 2009 |
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• The Lawton-Bader files
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• Important votes Tuesday, including Appleton Common Council
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• From Mark Gundrum: One of the greatest honors an American can experience
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• Joe Martin the best candidate in Appleton's 8th
• State programs to cut? - Volume II
• Oh the naivete of youth
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• Make cuts only AFTER you're elected....
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• Rep. Steve Kagen joining me on Jerry Bader Show today
• Rep. Van Roy: Dental Care Pilot Program
• Has Dave Obey turned the corner on earmarks?
• Speaker Huebsch: Governor turns down Federal Aid?
• Mark Rahmlow: "We're Broke."
• As taxpayers, how do we know if it's a Chevy or a Lexus?
• This is trash talk - about a veteran
• Frank Lasee: Take time to get the Compact right
• 'The Gableman Ad' - is it racist?
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• Any chances???
• I'm doing the Jerry Bader Show, today, the 11th
• Representative Frank Lasee: Final Waltz of the Season
• Guest Blog: It's not the county's business to be in the nursing home business
• Yup, Hillary won Texas and Ohio
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• Lies from Planned Parenthood and NARAL
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• The Troha sentencing, Doyle and that $200K
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• Lots of ideas. No money.
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• Any way you slice it, Wisconsin government wants (further) in on health care
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• The PAC - too precious to fail. Day 3
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• Fox Cities PAC - too precious to fail - Day 2
• Fox Cities PAC - too precious to fail
• New Transit Tax coming your way
• Rep. Petri has his finger in the dike - I guess
• AASD Retirement Costs Burdensome
• Health care, health care, health care, health care
• Water rate increase was no slam dunk
• Education for all is just a bad dream
• New Year's resolutions from a parade snob
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