|
|
|
Lake Districts
sue over high capacity well: case could be precedent
setting |
|
|
Two
lake management districts and several individuals have filed a
potentially precedent setting lawsuit over potential damage to
a spring-fed lake and nearby wetlands by a proposed municipal
high-capacity well. The well could pump 1.4 million gallons of
water a day, more water than Perrier sought in the late 1990s
to use for its highly controversial water bottling plant in
Adams
County
.
The
proposed well would be built just 1,000 feet from the shores
of Lake Beulah. 840-acre
Lake Beulah is a source of the Mukwonago
River, as
well as adjacent wetlands and springs. The suit alleges
operation of the well will harm the lake and adjacent wetlands
by drawing down the well groundwater that replenishes the
spring-fed lake.
Wisconsin’s current
groundwater law
The lawsuit targets the
ineffectiveness of the current Groundwater law, which critics
say falls short of truly protecting underground drinking water
supplies as well as important surface waters such as lakes,
springs, and wetlands.
Wisconsin’s 2003 Groundwater
Protection Act only applies to a limited set of
waters; trout streams, Outstanding Resource Waters (ORWs)
and Exceptional Resource Waters (ERWs). In the case of lakes,
only those lakes designated as ORWs (there are no lakes
designated as ERWs) are covered under the statute. Currently
there are 97 lakes and 6 flowages designated as ORWs; 99% of
Wisconsin's 15,000 lakes are not covered under Wisconsin's
current groundwater law.
Springs are also an incredible
Wisconsin resource that is largely unprotected under the
state’s current groundwater law. Only 3% of the estimated
11,000 springs identified in a 2007 survey of the state’s
springs--conducted by the Wisconsin Wildlife Federation--are
protected under the law.
Under current law, the DNR must
review the impact of a well if it is within 1,200 feet of any
trout streams or special waters classified as outstanding or
exceptional resource waters. Like the vast majority of
Wisconsin’s lakes, Lake Buellah is not classified as an ORW,
and DNR claims that a thorough examination of the well's
impacts by DNR staff was not required under the law.
Suit argues high capacity well will harm lake, tests
extent of Wisconsin’s Pubic Trust Doctrine
The
lawsuit argues that the well will harm Lake
Beulah
and adjacent wetlands by drawing down the groundwater supply
that replenishes the spring fed lake. The lawsuit charges that
a reduction in the flow of groundwater due to the operation of
the high capacity well could change the temperature and
chemistry of surface waters and hasten the growth of invasive
weeds. Lawyers representing Lake
Beulah
stated that pump tests conducted by the village showed a drop
in water levels. The well could also drop the level of the
lake and surrounding wetlands. These tests were suspended
before a final determination could be made.
The
case may also force an important legal determination regarding
the extent and power of the public trust doctrine, a part of
the Wisconsin constitution under
which the state is required to protect all navigable
waterways. Whether that protection extends to groundwater has
been open to interpretation.
For more on this case see http://www.madison.com/wsj/home/local/282363 |
|
|
Top |
|
|
|
| Bill approved by U.S. House would regulate Great
Lakes ballast water |
|
The U.S. House of
Representatives overwhelmingly passed a bill (395-7) that
would for the first time require all ships entering U.S.
waters to treat their ballast water to kill unwanted
hitchhikers. The bill would require shippers for the first
time to begin installing ballast sterilization systems aboard
their vessels starting in 2009 to meet modest organism kill
standards. All ships would have to have the systems on board
by 2014. The goal would be to have zero ballast discharges of
anything live by 2015.
Great Lakes states have been
pressuring the Federal Government to take action on regulating
ballast water discharges from ocean-going ships for years.
Ballast water discharges have been blamed for the introduction
of more than 180 invasive species--such as the quagga and
zebra mussles, Eurasian water milfoil, sea lamprey—into the
Great Lakes. These invasives have cost businesses and states
billions, changed the lake’s ecosystem, and many have been
transported further into inland lakes and waters.
Wisconsin has introduced
ballast water bills in past legislative sessions, and just
this spring 14 Wisconsin Conservation groups—including the
Wisconsin Association of Lakes--successfully petitioned the
Department of Natural Resources to regulate ballast water
under Wisconsin’s current state law and permitting system that
implements the Clean Water Act.
The bill generally prevents states
from taking their own action to regulate ballast water, but
amendments allow California and Michigan to keep their
existing ballast rules. It also allows some leeway for states
to take additional action if the Coast Guard
approves.
The house version of the bill
would have to be accepted by the Senate in a conference
committee before it moves on to the president. The Senate also
is considering a second bill on ballast that would require the
EPA to enforce ballast treatment regulations instead of the
Coast Guard. |
|
|
|
| Fate of Great Lakes
Compact still unclear |
|
In early April, Governor
Doyle announced that Wisconsin legislators had reached a
compromise on the Great Lake’s Compact and he intended to call
a special session to adopt the Compact. To date,
the negotiated language has not been made public and
no vote has been scheduled to pass the
Compact.
Governors of eight Great Lakes
States and two Canadian provinces signed the Great Lakes Water
Resources Compact two years ago. The Compact would prevent
diversion of Great Lakes water by industries and
municipalities, with some limited exceptions. As leaders from
thirsty southwest and western portions of the United States
express interest in tapping the Great Lakes as a new source of
fresh water, there is a growing sense of urgency to protect
Great Lakes resources for Great Lakes
citizens
The Compact has been
overwhelmingly ratified by several Great Lakes legislatures:
Illinois, Indiana, Minnesota, and New York. The
Wisconsin Senate approved a strong Compact bill (SB
523) earlier this year. But the Wisconsin
Assembly failed to act on the bill before the close of the
regular legislative session.
It was reported that three weeks of
closed-door negotiations resulted in numerous compromises to
the specific language in the state bill. The original language
of the compact was left untouched, including its most
contentious element - that any future water diversion to a
community entirely outside the Great Lakes basin will require
approval from all eight Great Lakes governors. The actual
language of the final deal has yet to be
released.
We encourage interested members
to contact
their legislators and ask when Wisconsin will have a
Compact and what it will look like. |
|
|
|
| New IRS filing requirement
for tax exempt (501c3) status |
|
Most small tax-exempt
organizations whose gross receipts are normally $25,000 or
less must now file Form 990-N (also called the e-Postcard).
The Pension Protection Act of 2006 added this filing
requirement to ensure that the IRS and potential donors have
current information about your organization. Before this
law was enacted, these small organizations were not required
to file annually with the IRS. The first e-Postcard
filings are due in 2008 for tax years ending on or after
December 31, 2007. If your tax year ended on December
31, 2007, the e-Postcard is due May 15, 2008. Learn more
about this filing requirement, register your organization, and
complete the report online at: http://epostcard.form990.org/default.asp |
|
|
|
| Summer lake events
line-up makes learning about lakes fun |
|
Mark your calendars! The Wisconsin
Association of Lakes is co-sponsoring several exciting events
this spring and summer. Look for a special e-mail with details
about each event coming soon!
|
|
|
|
|
Working with you for clean, safe,
healthy lakes |
|
The Wisconsin Association of Lakes is the
only statewide organization working exclusively to protect and
enhance the quality of Wisconsin's 15,000 lakes.
We represent citizens like you who care
about Wisconsin's lakes as a natural resource, and who also
recognize the value healthy lakes bring to property values,
tourist economies, and overall quality of life.
|
|
|
| |
