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City of Waukesha Water Diversion Application

Current Status

October 19th, 2011 - The DNR is currently drafting the technical review and Environmental Impact Statement (EIS) for the City of Waukesha's application for a diversion of Great Lakes water. Drafts of these documents are not expected to be complete before Spring 2012. Once drafts are finished, they will be posted to this website and available for public review. A public comment period and public hearings will be scheduled once the drafts are finished.

Comment Summary and Response:

The DNR published a public notice [PDF 22KB] July 12, 2011 declaring the City of Waukesha's application for Great Lakes water complete, beginning the DNR's application review process. The first comment period, focusing on the scope of the EIS and the interpretation of the review criteria, closed on August 13, 2011. A comment summary and response from the first round of public hearings is posted below. Please see the "Public Participation" tab for an outline of the process.

The following document summarizes the comments received —both written and oral—through the first public comment period and provides a response to the comments.

Comments:

During the first comment period, any comments were welcome; however, comments were particularly requested on the scope of the Environmental Impact Statement (EIS) and the review criteria.

Written comments were accepted until August 13, 2011.

Informational Meetings/Hearings:

Informational meetings/public hearings were held July 26, 27, and 28, 2011 in Pewaukee, Wauwatosa, and Sturtevant, respectively. The purpose of these meetings was to introduce the City of Waukesha's application and the Great Lakes Compact review process. The meetings included a presentation, question and answer period, and formal public hearing.

Additional Comment Periods:

A second public comment period and round of hearings will be scheduled once the DNR has completed its review and has a draft decision and draft EIS.

Proposal


Overview (all application materials and correspondence with the City of Waukesha follow this overview)

Waukesha's application asserts that the city needs a new source of water to address water quantity and quality concerns. Waukesha now gets its public water supply from groundwater wells in deep aquifers, where water levels have dropped more than 500 feet and are continuing to decline up to 9 feet every year. The groundwater in the deep aquifer also contains high levels of radium, a carcinogen. Waukesha's 2010 average day demand was 6.9 million gallons of water per day and peak day demand was 8.7 million gallons of water per day. Waukesha's wastewater is currently discharged to the Fox River in the Mississippi River Basin.

Waukesha seeks to eventually divert an annual average of 10.9 million gallons of water per day with a maximum day diversion of 18.5 million gallons per day. The water is proposed to serve an area that includes the City of Waukesha and may serve portions of Pewaukee and the towns of Genesee, Waukesha and Delafield.

The application identifies Milwaukee, Racine, and Oak Creek as potential water suppliers, and identifies Underwood Creek in Wauwatosa, the Root River and Lake Michigan as possible locations to discharge its wastewater. Underwood Creek is listed as the preferred alternative. Wastewater in excess of the amount diverted (and all wastewater flow during specified high flow conditions) would continue to be discharged to the Fox River.

Application

Lake Michigan Water Supply Application [PDF 4.3MB] - May 2010

Supplemental Application Materials - April 2011
(received in response to DNR December 2, 2010 letter)

Appendices to May 2010 Application

Correspondence

Background


The Great Lakes–St. Lawrence River Basin Water Resources Compact (Compact) became effective on December 8, 2008. The Compact addresses water quantity management in the Great Lakes Basin. The Compact and related legislation implementing the Compact´s provisions in Wisconsin set out requirements for sustainable water use in the Great Lakes Basin. The Compact, codified in Chapter 281 of the Wisconsin Statutes [PDF 799KB], prohibits diversions of Great Lakes water, with limited exceptions.

One exception to the Compact´s ban on diversions allows a "community within a straddling county" to apply for a diversion of Great Lakes water. A "community within a straddling county" means any incorporated city, town, or the equivalent thereof, that is located outside the basin but wholly within a county that lies partly within the basin. The City of Waukesha qualifies as a community within a straddling county under the Compact.

A proposal for a diversion to a community in a straddling county is not allowed under the Compact unless all of the following apply:

  • The water is used solely for public water supply purposes;
  • The community is otherwise without an adequate supply of potable water;
  • The diversion meets the exception standard [See sections 281.343 (4n)(d) and 281.346 (4)(f) of the Wisconsin Statutes];
  • The proposal maximizes the amount of water that originated in the basin that is returned to the basin and minimizes the amount of water that originated outside of the basin that is returned to the basin;
  • There is no reasonable water supply alternative in the basin in which the community is located (in Wisconsin, that would be the upper Mississippi River basin), including conservation of existing water supplies;
  • The proposal will not endanger the integrity of the Great Lakes basin ecosystem based upon a determination that the proposal will have no significant adverse impact on the Great Lakes basin ecosystem;
  • The proposal is consistent with an approved water supply service area plan under section 281.348 of the Wisconsin Statutes that covers the public water supply system;
  • The proposal is reviewed by the regional body (the Governors of the eight Great Lakes States and the premiers of Ontario and Quebec, Canada); and
  • The proposal is approved by the Great Lakes–St. Lawrence River Basin Water Resources Council (consisting of the Governors of the eight Great Lakes States) with no disapproving votes.

EIS Process

Environmental Impact Statement (EIS) Process

The DNR has determined that it will conduct an environmental impact statement (EIS) process for the proposed Waukesha diversion. The Wisconsin Environmental Policy Act or WEPA, and administrative code NR 150, require the DNR to evaluate the environmental effects of the proposed project and reasonable alternatives.

The first step of the EIS process involves "scoping" of the evaluation and analysis. The DNR has prepared a Waukesha Project EIS List of Topics [PDF 27KB] to be addressed in the EIS and sought public comments to determine the scope and the significant issues to be analyzed through the EIS process. The DNR has reopened the comment period for comments on the EIS scope until August 13, 2011. Please see the "Current Status" tab for details.

The “scoping” stage is the first step in the EIS process. After a draft EIS is completed and published, there will be a 45–day public comment period and a public hearing. The comment period will be followed by the release of a final EIS and 30-day public comment period.

EIS Scoping Comments Received as of May 2010

Comments received [PDF 24MB]

Public Participation


Public participation is critical to the review of any diversion application. There will be many opportunities and formats to participate in reviewing Waukesha’s diversion application. If you would like to receive notice that information on this page has been updated, please sign up with GovDelivery.

Review Process for the Waukesha Diversion Application

The WDNR has published a public notice [PDF 22KB] declaring the City of Waukesha’s application for Great Lakes water complete.

The following steps outline the review process for the application including the opportunities for the public, Wisconsin tribes, and state and federal agencies to participate in reviewing Waukesha’s diversion application. This process may be modified as needed and will be updated accordingly.

Step 1: Consultation/Informational Meeting/Public Hearings
(Meetings scheduled for July 26, 27, and 28, please see “Current Status” tab for specifics.)

  • WDNR consults with the American Indian Tribes and Bands located in Wisconsin.
  • WDNR holds public informational meeting/public hearing:
    • To introduce the review process.
    • To receive comments on the Environmental Impact Statement (EIS) scope and the interpretation of the statutory review criteria [PDF 114KB].
    • Includes 30-day public comment period.

Step 2: WDNR prepares draft technical review, draft decision, and draft EIS <-- WE ARE HERE

  • The WDNR reviews the application and public comments.
  • The WDNR prepares the draft technical review and EIS, and makes a preliminary decision on whether the application is approvable. (The technical review is a thorough analysis and evaluation conducted to determine whether the proposal meets the statutory criteria for approval.)

Step 3: Consultation/Informational Meeting/Public Hearings II (not expected before November 2011)

  • WDNR consults with the American Indian Tribes and Bands located in Wisconsin.
  • WDNR requests comments on EIS from state and federal agencies.
  • WDNR holds concurrent public hearings on the draft technical review, EIS, and preliminary decision and provides a 45-day public comment period.

Step 4: WDNR finalizes the technical review and EIS

  • WDNR reviews the public comments, and finalizes the technical review and EIS.
  • A 30-day public comment period is provided on the final EIS.
  • WDNR determines if the application is approvable.
  • If WDNR determines that the application is approvable, the application is forwarded to the Regional Body [exit DNR] (the Great Lakes States and Provinces of Ontario and Québec) and the Compact Council [exit DNR] (only the Great Lakes States).

If WDNR determines application is approvable the application must be forwarded to the Regional Body and Compact Council made up of the Great Lakes States and Provinces. The Regional Body (States and Provinces) will first issue a declaration of findings. Subsequently the Compact Council (States) must approve the application for it to move forward.

Step 5: Regional Body and Compact Council Review

  • The Regional Body and Compact Council hold an informational hearing in Waukesha.
  • Upon completion of its review, the Regional Body will issue a declaration of findings to the Compact Council. (The Regional Body has a goal to review applications in 90 days.)
  • The Compact Council will then consider Waukesha’s application in light of the Regional Body’s findings. (The Compact Council will endeavor to approve or deny the application within 60 days of receipt of the Regional Body’s findings.)
  • Opportunities for dispute resolution under the Great Lakes Compact.

If the Compact Council approves the Waukesha diversion application, the application is returned to the WDNR for a final decision.

Step 6: WDNR Final Decision

  • WDNR conducts the necessary permit reviews (examples - WPDES, Chap. 30, etc.) and issues decisions on the permits.
  • WDNR issues a final decision on the application.
  • Opportunities for dispute resolution in the State of Wisconsin.

Laws


The applicable state statutes include:

Contacts


General questions concerning the Compact or the diversion application process can be directed to:

Shaili Pfeiffer
Water Use Section
Bureau of Drinking and Groundwater
Wisconsin Department of Natural Resources
P.O. Box 7921
Madison, WI 53707–7921
Phone number: (608) 267–7630

Maps


Click on picture to view larger images.

Great Lakes Basin
The Great Lakes Basin, which includes both Lake Michigan and Lake Superior watersheds, dissects Wisconsin. The Mississippi River watershed covers most of Wisconsin´s landmass.



Waukesha as a Straddling County Community
The City of Waukesha is located within the Straddling County of Waukesha but lies outside of the Lake Michigan watershed.



Last Revised: Wednesday February 01 2012