Public Hearing - City of Waukesha Diversion Application
Transcription
Public Hearing - City of Waukesha Diversion Application
Great Lakes-St. Lawrence River Basin Water Resources Council Transcript of Proceedings Taken on: February 18, 2016 2/18/2016 Public Hearing Page 1 1 2 REGIONAL BODY AND COMPACT COUNCIL 3 4 5 6 PUBLIC HEARING 7 8 9 FEBRUARY 18, 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing 1 2 Page 2 T R A N S C R I P T MR. TORNES: Good afternoon. My name is 3 Rodney Tornes, and I'm serving as the chair of the 4 Regional Body and Compact Council on behalf of the 5 Ohio Department of Natural Resource Director, James 6 Berringer, who is the designee of Governor Casey, 7 Regional Body and Compact Council meetings. 8 9 We are here as representatives of the Great Lakes-Saint Lawrence Water Resource Regional Body, 10 otherwise known as the Regional Body, and the Great 11 Lakes-Saint Lawrence River Basin Water Resource 12 Council, otherwise known as the Compact Council, as 13 part of the review of the City of Waukesha's 14 application for a diversion of Great Lakes water. 15 The Regional Body and Compact Council have 16 set this time and place, 2:00 p.m., February 18th, 17 2016, at the Carroll University Shaddock Music Center 18 in Waukesha, Wisconsin for a public informational 19 meeting on the proposed diversion. 20 being held pursuant to Section 201 of the Compact 21 Council Interim Guidance as adopted on June 10, 2010, 22 and Section 201 of the Regional Body Interim 23 Procedures as adopted on June 10, 2010. 24 25 This meeting is Today's public information meeting is jointly hosted by the Regional Body and the Compact Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 2 Public Hearing Page 3 Council. The purpose of this public information 3 meeting is to provide you, the public, with 4 information on the process being used to review the 5 Waukesha Diversion Application as well as details 6 about the application. 7 of this session and will be incorporated into the 8 record of the City. 9 that any individual speaking please identify 10 11 A transcript will be created Because of this, I would ask themselves for the record. We are not taking comments at this time, 12 but we will take them during the public hearing 13 following this public information meeting. 14 meeting will conclude promptly at 3 o'clock p.m. 15 will be considering questions, so we ask that you 16 fill out a question form and turn it in to one of the 17 staff along the edges. This We 18 In addition, if you plan on providing 19 comments during the public hearing that will be 20 following this public information meeting, we ask 21 that you please fill out one of the forms available 22 on the table outside this room, registering your 23 interest in speaking. 24 25 We would like to begin with the presentation by the secretary of staff on the process Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 4 1 being used to review the application, followed by a 2 presentation by City of Waukesha staff, and then the 3 Wisconsin DNR on the substance of the application. 4 With that, I would like Peter Johnson to start off. 5 MR. JOHNSON: 6 My name is Peter Johnson. Thank you, Mr. Chair. I'm the deputy 7 director of the Conference of Great Lakes and St. 8 Lawrence Governors and Premiers. 9 secretary to both the Regional Body and the Compact We serve as the 10 Council. 11 that is being used for the regional review process 12 with the Waukesha Diversion Application as well as 13 the relevant criteria in the Compact and the 14 agreement that are being used when reviewing the 15 application. 16 I'm going to be talking about the process First of all, I would like to start off by 17 pointing out the website where all the information 18 regarding the Waukesha Diversion Application can be 19 found which is up on the screen, this includes the 20 actual application materials, calendar of events, the 21 means to provide comments after the -- before this 22 meeting and after this meeting, and any other 23 information on the Waukesha Diversion Application. 24 It is a website jointly hosted by the Regional Body 25 and the Compact Council. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Key events. Page 5 One thing that I would add to 2 what's up on the screen, on January 7 we received the 3 application at the Regional Body of the Compact 4 Council from the Wisconsin Department of Natural 5 Resources. 6 public comment period began on January 12th, 2016. 7 It was forwarded on January 7, 2016. The Already, we had a tour yesterday of several 8 sites in Waukesha and southeast Wisconsin related to 9 the Waukesha Diversion Application. It was open to 10 the public. 11 public, but the public was invited to follow the bus 12 and we actually turned that into a bit of a convey 13 following behind us as we were going to various 14 locations. 15 Transportation was not provided to the In the afternoon, yesterday, over at the 16 campus center across the street, there was a briefing 17 on the application to the Regional Body and Compact 18 Council members by the Wisconsin Department of 19 Natural Resources and representatives from the City 20 of Waukesha. 21 Body and Compact Council members to ask questions. 22 That was also opened to the public but that was just 23 open to Compact Council members asking questions. It was an opportunity for the Regional 24 We are now at the item that's at the top of 25 the list here, which is a public information meeting. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 6 1 This is an opportunity to provide you, I think it was 2 noted by our chair, information on the process that's 3 being used and then we are going to be hearing a 4 little bit about the details of the application. 5 At three o'clock we are going to be going 6 into the public hearing and this is the opportunity 7 to continue to hear from you. 8 from a number of you through the public comments 9 written process, again, I encourage people to provide We have already heard 10 written comments, but this an opportunity to provide 11 verbal comments. 12 The public comment period ends on March 14, 13 we are accepting written comments up and through that 14 date, but will not accept comments thereafter. 15 March 22, 2016 is the deadline for 16 submission of any additional technical reviews by the 17 Regional Body and Compact Council members. 18 optional any kind of technical reviews that each of 19 the jurisdictions may do. 20 comments received will be available on the 21 WaukeshaDiversion.org website. 22 website I showed you before. 23 that we received from everybody will be posted to the 24 website. 25 These are On March 22, 2016 all That's the same So all the comments On April 7, 2016 -- I should note on Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 7 1 January 7 as part of the application process, the 2 originating party, which is in this case the State of 3 Wisconsin, posted as part of their application, a 4 proposed declaration of finding that is -- and I'll 5 go into a little bit more detail on that in just a 6 moment. 7 aren't any revisions, it would be a final draft 8 (indiscernible) the proposed declaration of finding 9 to the website. 10 But they posted this on January 7, if there Following that on April 21, 2016 the 11 Regional Body will be holding a face-to-face meeting 12 to consider the originating parties' proposed 13 declaration of finding, which is open to the public. 14 Just for those who are interested or are -- 15 would like a little bit more understanding of this, 16 just to clarify, the Regional Body consists of the 17 governors of the Great Lakes states and the Premiers 18 of Ontario and Quebec. 19 The Compact Council consists of the 20 governors of the Great Lakes states. 21 process works is -- and they were created by two 22 different agreements, one being a cross-board good 23 faith agreement. 24 compact. 25 The way the And the other being an interstate The Regional Body, which is the creation of Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 8 1 the governor and premiers created by the cross-border 2 agreement, is required to issue a declaration of 3 finding or findings, basically to say if they find 4 the application to be consistent with the criteria, 5 inconsistent with the criteria, or would be 6 consistent with modifications. 7 And the beginning of the consideration of 8 issuing that declaration of finding will begin on 9 April 21. 10 The intention, the hope is that consensus 11 is reached on the declaration of finding. 12 not, there are opportunities to try to reach 13 consensus within a certain period of time, but 14 regardless, and that is for 25 days. 15 Council meeting and Compact Council has to take into 16 consideration the declaration of findings. 17 would be sometime thirty days after a declaration of 18 findings is issued, which could conceivably be April 19 21, but it could be sometime thereafter. If it is So a Compact So it 20 As noted at the top, the public comment 21 period began on January 12, and ends on March 14. 22 Comments were not accepted before January 12. 23 submitted comments before then, please resubmit them 24 so we can reconsider them. 25 they come in before March 14. Gramann Reporting, Ltd. If you Again, make sure that (800) 899-7222 2/18/2016 Public Hearing 1 Page 9 These are the ways that the comments can be 2 submitted: 3 diversion.org; through the website which is listed up 4 there; or you can mail them to us at the address 5 here. 6 Waukesha.diversion.org. Through email at comments@Waukesha Again, this is all on the website of 7 I'd now like to talk about the criteria and 8 what is being focused on when a decision is being 9 made, both through the declaration of finding process 10 and the Compact Council decision-making process for a 11 community within a straddling county. 12 encourage you when you do make your comments to focus 13 on whether you believe that the application as 14 proposed meets the criteria in the Compact Council 15 agreement. And I would 16 A proposal to transfer water to a community 17 within a straddling county will be considered, but in 18 the interest of time I'll have some other folks come 19 up here. 20 slowly through the slides rather than read them all 21 just to very quickly summarize them, but the text is 22 the important thing. 23 But you can see we're just going to go Water mains can be used for public water 24 supply purposes. 25 exception standard, which I will have the criteria up Gramann Reporting, Ltd. The proposal needs to meet the (800) 899-7222 2/18/2016 Public Hearing Page 10 1 here shortly with maximizing the portion of water 2 returned to the source watershed and minimizing the 3 surface water and ground water from outside the 4 basin. 5 6 Management regulation by the originating party. No reasonable water supply alternative. 7 Should -- the exception to the general 8 prohibition of diversions which is what is being 9 sought here. Should not be authorized unless it is 10 shown that it does not endanger the integrity of the 11 basic ecosystem. 12 13 14 The proposal undergoes regional review, which is what we're doing right now. And then the proposal is approved by the 15 Compact Council. 16 one or more council members votes to disapprove. 17 Council approval is given unless So, again, the process if you recall, the 18 Regional Body will be issuing a declaration of 19 finding or findings on or after April 21st. 20 Compact Council will consider it, that, and all the 21 other comments and all the other information received 22 during this regional review process. 23 make -- take a vote on whether to approve the 24 proposal or not. 25 The And then Proposal must satisfy all the conditions Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 11 1 listed above. 2 given to whether or not the proposal can provide 3 sufficient scientifically-based evidence that there 4 is a hydrological interconnection with the waters of 5 the Great Lakes Basin. 6 Subsequent consideration will also be As I noted before, it also needs to meet 7 the exception standard, which is as follows: 8 need for all or part of the proposed exception cannot 9 be reasonably avoided through efficient use and The 10 conservation of existing water supplies. 11 use will be limited to quantities that are considered 12 reasonable for the purpose for which it is proposed. 13 And, again, all water withdrawn has to be returned 14 less an allowance for consumptive use. 15 the idea of, well, as part of the -- no outside water 16 may be used to satisfy any portion of this criteria 17 unless it comes through a water supply or wastewater 18 treatment system that combines water from inside and 19 outside the basin and addresses the issue of invasive 20 species and meets water quality discharge standards 21 as well. 22 The water And, again, There must be no significant individual or 23 cumulative adverse impacts to the quantity and 24 quality of the waters in the basin. 25 has to portray the environmentally sound and Gramann Reporting, Ltd. The exception (800) 899-7222 2/18/2016 Public Hearing Page 12 1 economically feasible water conservation measures. 2 It needs to be in compliance with all municipal, 3 state, and federal laws as well as international 4 agreements. 5 already listed. 6 And then all the other criteria which we So those are all the criteria, and what the 7 focus is on when the Regional Body and Compact 8 Council members are considering the application. 9 So thank you, again, the website is 10 www.WaukeshaDiversion.org. 11 the website. 12 the application, materials themselves, how to provide 13 comments, and a calendar of events is on the Waukesha 14 Diversion website. 15 will be posted later in March, so again, go to that 16 website to look for those. 17 We encourage you to go to Again, all the information, including And as you noted before, comments So I would like now to turn it over to 18 Shaili Pfeiffer of the Wisconsin Department of 19 Natural Resources to talk about some of the... 20 MS. PFEIFFER: Good afternoon. I'm Shaili 21 Pfeiffer with the Wisconsin Department of Natural 22 Resources. 23 I was asked to talk a little bit about the 24 application and then provide an overview of the 25 department's review of that application to date. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 13 I will get started here. So this we're in 2 the City of Waukesha right now. 3 1.5 miles west of the Great Lakes surface water 4 divide. 5 for an exception to the ban on diversions as a 6 community and a straddling county. We're located 7 The City of Waukesha is eligible to apply You can see from this map, this just shows 8 you what the pipeline route would be for the proposed 9 diversion, the City is applying for 10 10.1 million gallons a day of water averaged 11 annually. 12 supplies to this area. 13 that that water be could be served to. 14 supply would be Lake Michigan by the City of Oak 15 Creek Water Utility and the wastewater return would 16 be treated at the City of Waukesha's wastewater 17 treatment plant and piped to the Root River 18 discharge, a tributary to Lake Michigan. 19 you can see the blue lines are the pipelines. 20 see that primarily the pipeline routes for bringing 21 water to the City and returning it to the Root River 22 follow primarily the same corridor. 23 The orange area is the delineated water All right. This is the maximum extent The water On this map You Next I want to just go through 24 a little bit of what the review process has been for 25 the Wisconsin DNR. Gramann Reporting, Ltd. We received this project, we (800) 899-7222 2/18/2016 Public Hearing Page 14 1 received the application from the City of Waukesha in 2 May of 2010. 3 to provide additional information, there were about 4 fifty questions that we asked for them to provide 5 additional information. In December of 2010, we asked the City 6 They responded with an additional volume of 7 material that they submitted to us that was about 800 8 pages of more information. 9 sort of back and forth between the City and the DNR And then there is then 10 over the last three years, there has been an 11 additional 22 memos that they submitted to us if we 12 had other questions. 13 of the new information and put it together in a 14 revised application as there have been a variety of 15 changes that have occurred. 16 2013, they submitted an additional application that 17 was five volumes of material and about 23,000 pages, 18 including the appendices. 19 And we asked them to take all And so in the fall of So for public participation, there has been 20 public participation opportunities throughout that 21 five-year period. 22 2011 with a comment period then. 23 2013, after the new application, or the revised 24 application came out, there was an additional comment 25 period. We started off with hearings in And then in fall of And the City of Waukesha held a series of Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 15 hearings and meetings about the new application. 2 And then finally, this past summer, we held 3 public hearings and a comment period in 2015. 4 would expect there are many people in the room here 5 now who participated in those hearings this summer, 6 and provided us with comments. 7 appreciate everybody's time and effort to participate 8 in those meetings and provide us information and 9 thoughts. 10 And I And we really Through these comment periods, we've also 11 had consultation with the Wisconsin tribes, and there 12 have been numerous issues that have come up from the 13 comments that have influenced the review process. 14 Just to provide a couple of examples, the return flow 15 location changed, the return flow management plan was 16 modified, the demand projections and the diversion 17 volume control that the DNR is proposing came out of 18 those comments that we received. 19 reasonable water supply alternatives analysis, 20 particularly for the environmental impacts, we added 21 additional alternatives that we reviewed, we changed 22 what -- we did some additional analysis and we used a 23 U.S.G.S. model to reanalyze some of those 24 alternatives to understand what the impacts might be 25 for the Mississippi River Basin. Gramann Reporting, Ltd. And then the (800) 899-7222 2/18/2016 1 Public Hearing All right. Page 16 Next I'm going to go through 2 what some of the key aspects are for our review and 3 try and highlight some of the comments that we 4 received from 2015 and the ways that the 5 application -- the final technical review was 6 modified as a result of that. 7 So first off, Pete went through what all 8 the criteria are without adequate supplies of potable 9 water. The DNR concluded that the City is, in fact, 10 without adequate supplies of local water, because 11 currently the City is under Wisconsin Department of 12 Justice court order to meet all state and federal 13 drinking water standards by June of 2018. 14 technical review we did an analysis of their 2014 15 demand and the current water supply system, and 16 showed that the current system does not meet the 17 radium standards and cannot meet the radium standards 18 as configured. 19 And in our I'll just note that at the bottom of these 20 slides we identify the technical review section 21 that's associated with the slide, so if anybody is 22 particularly interested in one aspect of the 23 technical review, for example, this one you would go 24 to the Section S1 to find more information in the 25 technical review. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 17 So this map shows the delineated water 2 supply service area. 3 this area was delineated to be consistent with the 4 existing planned service area as required under state 5 law. 6 diverted water could be served. 7 area includes most but not all of the City of 8 Waukesha and parts of the Town of Waukesha and 9 (indiscernible). 10 The department concludes that So again, this is the maximum extent that the The current service And then this is one area that we have 11 received extensive public comments on. 12 (indiscernible) did not provide a method for 13 calculating a reasonable water demand for a community 14 seeking a diversion, nor does it prescribe how to 15 delineate a diversion area. 16 implementing laws do provide a method for delineating 17 a diversion area, so the current water service area, 18 it's important to note, does not match up with the 19 City boundaries, and the City current serves about 20 250 customers that are outside of the City limits. 21 The agreement However, Wisconsin's Wisconsin law, in general, once a utility 22 begins to serve customers, it gains an ongoing 23 obligation to provide that service which it can't 24 abandon without specific authorization from the 25 Wisconsin Public Service Commission. Gramann Reporting, Ltd. So in addition, (800) 899-7222 2/18/2016 Public Hearing Page 18 1 the department doesn't consider the agreement in the 2 Compact to intend to restrict orderly planned 3 development by a community seeking a diversion and 4 delineating a water supply service area or a 5 diversion area. 6 overly burdensome to implement and allows for this 7 planned growth and provides flexibility given the 8 uncertainty of long-range planning. 9 It provides a mechanism that's not So finally, just with this service area, 10 the City estimates that 70 percent of the land is 11 within the delivery and service area and has already 12 been developed. 13 for new development, and 15 percent of the land is 14 designated as environmentally protected. 15 15 percent of the land is available Demand projections is another key criteria 16 that we received many comments about, and these 17 comments were that the demand wasn't reasonable and 18 that the demand should be restricted to the existing 19 city boundaries. 20 what the demand is that's associated within each of 21 the different areas that are part of the water supply 22 service area, the delineated water service area. 23 So what this chart shows is just So you see from here that 8.2 million 24 gallons a day of the demands associated with the City 25 of Waukesha, and then the next larger portion is Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 19 1 associated with the Town of Waukesha at 1.3, and 2 smaller portions associated with the Town of Pewaukee 3 and the Town of Genesee. 4 The department determined that the demands 5 were reasonable; that because of the water supply 6 service area planning, that it needed to be done for 7 the full service area; and then, considering the 8 uncertainties around projecting water demand, we 9 found that using different projection methodologies 10 the demand estimates were similar. 11 estimates from the City, from SEWRPC, and then also 12 the DNR did some independent demand estimates. 13 these all included water conservation, and their 14 range was from 8.4 to 12.1. 15 We used demand And As a result of the comments received, 16 though, on the demand, the DNR plans to control the 17 diversion volume up to 10.1 million gallons a day 18 based on the actual service area, calculation 19 projections, and demand projections in 20-year time 20 increments. 21 for the first 20-year period, the diversion amount 22 would be restricted to the projected demand for the 23 existing service area, which is calculated to be 8.1. 24 So that's for the first 20-year period. 25 referring to the full build-out, just to clarify. So, for example, this would mean that, Gramann Reporting, Ltd. 8.2 here is (800) 899-7222 2/18/2016 Public Hearing 1 Water conservation. Page 20 That's another area 2 that we received many questions about, comments 3 about. 4 conservation program began in 2006 and they updated 5 their plan in 2012, and they continue to implement 6 and update the program. And to note there, the City of Waukesha's 7 We received comments that their program had 8 not been fully implemented; however, the department 9 used a plan is just that, something that's 10 identified, of practices to implement over time. 11 we would expect them to continue to evaluate what 12 practices are economically feasible and 13 environmentally sound and continue to implement new 14 practices. 15 And The applicant -- and there's also been 16 questions about the applicant's abilities to control 17 water conservation outside of the City limits. 18 applicant has implemented a requirement that 19 properties outside of the City of Waukesha that 20 connect to the Waukesha water utility enter into a 21 binding contract to comply with the applicant's water 22 conservation plan. 23 submitted to the DNR this fall. 24 located outside of the City boundaries will be 25 required by the City to implement the same Gramann Reporting, Ltd. The This was noted in a memo that was And so properties (800) 899-7222 2/18/2016 Public Hearing Page 21 1 conservation and efficiency measures as the City 2 before they would be served municipal water. 3 The next area to touch on is reasonable 4 water supply alternatives in the Mississippi River 5 Basin. 6 requesting is 10.1 million gallons a day; however, 7 the department did the review for reasonable water 8 supply alternatives at the low end of the range based 9 on comments that we received with concerns over As I mentioned, the demand that they're 10 demand. 11 looking at a demand of 8.5 million gallons a day. 12 So all of our environmental analysis was We did this to address the public concerns 13 that had been raised. 14 there was no reasonable water supply alternative 15 considering the environmental impacts that would 16 occur from the different alternatives. 17 considered public health, and concluded that all of 18 the alternatives could meet state and federal 19 drinking water standards. 20 And so what we found was that We also And from a cost prospective we concluded 21 that the alternatives are within 25 percent of each 22 other. 23 based on public health concerns or costs. 24 the alternatives that included the shallow aquifer 25 south of the City of Waukesha, all of those we found So none of the alternatives were eliminated Gramann Reporting, Ltd. But for (800) 899-7222 2/18/2016 Public Hearing Page 22 1 would have significant impacts to wetlands in the 2 area, and then for the alternative that is an 3 unconfined deep aquifer in western Waukesha County, 4 we found there was an estimated 6 to 12 inches of 5 drawdown and greater than 10 percent decrease in base 6 flow to several of the seepage lakes out there. 7 those numbers exceed screening thresholds for likely 8 adverse impacts to these lakes. And 9 With the comments we received on the water 10 supply alternatives, I wouldn't necessarily go in to 11 such detail, however, we received 3,000 comments that 12 were in support of an alternative -- a proposed 13 alternative. 14 provide you a little bit more information on this 15 alternative. 16 was just for the City, and they proposed that the 17 average day demand would be 6.7 million gallons a day 18 was their projected demand, and the maximum day 19 amount would be 11.1. 20 So at that point I would just like to So the alternative that was proposed So the department this fall went and looked 21 more carefully at this alternative and looked at 22 whether the current system that the City has got with 23 the existing wells. 24 using just the existing wells, they would be able to 25 meet these demands. Gramann Reporting, Ltd. This alternative says that, So the department did that (800) 899-7222 2/18/2016 Public Hearing Page 23 1 analysis, and actually found that the current system 2 capacity, that maximum capacity would be 3 9.3 million gallons a day. 4 capacity, that's a 24 hour firm capacity. 5 defines firm capacity essentially as the water supply 6 system capacity with the largest well out of service. 7 And so, under this, there's not sufficient capacity 8 to meet that 11.1 max day in the end the way that the 9 state law requires they would have just capacity to 10 So that's a firm State law meet 9.3 million gallons a day. 11 In addition, common engineering practices 12 advise that for an average day demand you should be 13 running your wells no more than 12 hours a day to 14 allow recovery to the aquifer and reduce wear and 15 tear on the pumps. 16 days, you should be running your wells for 11 to 22 17 hours at most. And then, similarly, for maximum 18 And so under those numbers, if you look at 19 those numbers, the average day demand that you could 20 reach is 4.6 million gallons a day, well below that 21 projected demand of 6.7. 22 though this alternative doesn't comply with state law 23 and consider the whole area, the delineated water 24 supply service area, we found that this alternative 25 also doesn't work with the existing system the way Gramann Reporting, Ltd. So the department, even (800) 899-7222 2/18/2016 1 Public Hearing Page 24 that it was proposed in the public comment period. 2 And then finally, I just want to mention we 3 received many comments about the return flow to Lake 4 Michigan through the Root River on the water quality 5 standards flows and then benefits to the Root River. 6 And here, specifically, it's important to 7 note that many of the water quality parameters for 8 the return flow affluent are actually -- the 9 concentrations are actually lower than the background 10 concentrations in the Root River right now. 11 Essentially with the idea that it would be improving 12 water quality in the river, and the additional flow 13 is also expect to improve habitat. 14 With regards to other issues with flow. 15 the EIS, several people had noted that the stream 16 would be -- the affluent from Waukesha would be 80 to 17 90 percent, that was a calculation that was in our 18 draft EIS. 19 And we redid that analysis using a more technical 20 approach and actually found that under low flow 21 conditions, about half to two-thirds of the water 22 would be the affluent from the City of Waukesha, not 23 80 to 90 percent. 24 25 In We received a lot of comments about that. At the other end of the scale, under flooding conditions, under flood flow conditions for Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 25 1 the two-year flood, the flow would be about 2 percent 2 of the flow. 3 And finally, I just want to note that the 4 State of Wisconsin would not approve any diversion 5 until all of the required permits had been issued. 6 With that I'm going to turn it over to the City of 7 Waukesha to Dan Duchniak to provide a few remarks 8 about the application and some of the specifics 9 before we move on to the questions. 10 MS. DUCHNIAK: Thank you, Shaili. Good 11 afternoon. 12 general manager of the Waukesha Water Utility. 13 behalf of the Mayor of Waukesha, I would like to 14 thank you for coming today and welcome you to the 15 City of Waukesha. 16 My name is Dan Duchniak, and I'm the On First off, I wanted to go through the -- 17 I'm only going to have one slide, I don't have many 18 slides, but I'm going to go through the unique set of 19 facts that Waukesha has related to this application. 20 First off, we need a new water supply 21 because the groundwater quantity is limited and the 22 quality is impaired. 23 supply causes significant environmental impacts. 24 as I stated yesterday, besides radium, as earlier 25 this month we had to turn off two of our shallow Gramann Reporting, Ltd. Daily use of the existent And (800) 899-7222 2/18/2016 Public Hearing Page 26 1 wells because we had high levels of chlorides in them 2 that were coming out of the wells, and we were 3 concerned about that high level of chlorides entering 4 the distribution system, so we had to turn those 5 shallow aquifer wells off. 6 We are a cost-effective distance from the 7 Great Lakes water supply. 8 the City of Oak Creek for our water supply. 9 located one-and-a-half miles from away from the Great We are planning on using We are 10 Lakes Basin. 11 is connected to the Great Lakes. 12 concluded in their technical review that the deep 13 aquifer water is hydrologically connected to the 14 waters of the Great Lakes. 15 We currently utilize groundwater that The DNR has The aquifer information -- or the aquifer 16 information restricts recharge contributing to the 17 groundwater decline. 18 formation within southeastern Wisconsin and 19 northeastern Illinois that prevents the percolation 20 of water through the soil and allowing it to recharge 21 the deep aquifer. 22 the deep aquifer because of that layer of shale. 23 have naturally occurring groundwater contaminants 24 such as radium, total dissolved solids, chlorides, as 25 I have said before, and strontium that we have also Gramann Reporting, Ltd. That is a unique geological So we are restricting recharge of We (800) 899-7222 2/18/2016 Public Hearing Page 27 1 had in our shallow ground water. 2 court order to comply with the Safe Drinking Water 3 Act Radium Standard by 2015. 4 And we are under Radium is a naturally occurring carcinogen 5 that is located in the deep aquifer; and as we pull 6 that water out, we pull the radium out. 7 remove that radium from the water. 8 bringing it to the surface and having to deal with it 9 for the long-term then. 10 We have to So we are We are a leader in water conservation, and 11 we have included water conservation rates. 12 daytime sprinkling ban. 13 to fix or replacement. 14 program, and we have an industrial rebate program 15 also. 16 to remain on our existing supply. We have a We have financial incentives We have a public education However, conservation alone will not allow us 17 We have return flow that will be -- or we 18 will be returning 100 percent of the water to Great 19 Lakes, having no impact on lake levels. 20 return flow improves the Great Lakes tributary, the 21 Root River, and performance of a Great Lakes fish egg 22 collection facility, which will allow for angling 23 opportunities with increased tourism potential as a 24 result, especially in the Racine area. 25 And that Development of an environmental impact Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 28 1 statement after years of thorough analysis and 2 extensive public input. 3 that we have had through this process, the City of 4 Waukesha has had in excess of 100 meetings where we 5 have allowed for public input on this process. 6 alternatives have been fully vetted and peer reviewed 7 and all the work that was completed with it all 8 within this application has gone through that 9 process. 10 Besides the public input Our So on behalf of the mayor, the Common 11 Council, the Water Commission, and myself, and 12 especially the residents of the City of Waukesha, I 13 would like to thank the Regional Body and Compact 14 Council members, along with the conference staff and 15 the DNR staff for their time and attention that is 16 given to this proposal, so thank you. 17 MR. CHAIRMAN: Thank you. 18 like to answer any questions. 19 ask Peter to describe the process. 20 MR. JOHNSON: We would now And I would like to Thank you, Mr. Chair. 21 Outside the room we were handing out three-by-five 22 cards, where you could write questions down. 23 going to ask for our folks to walk amongst the 24 aisles. 25 questions that you may have, and I'm going to have I'm now If they could raise their hands, grab any Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 29 1 them bring them up front. 2 out as appropriate to the appropriate person, and try 3 to answer as many questions as we can with the time 4 that we have left before the public hearing begins at 5 three o'clock, so bear with us a moment while we 6 collect them. 7 We're going to share them Pete, thank you for submitting the 8 questions. 9 making sure we have the right person to answer the 10 questions. We're just going to go through them and It will be just a moment. 11 (Pause while questions are sorted.) 12 MR. JOHNSON: Okay. The first question 13 that we have is: 14 approved sewer service area plan, if not or if the 15 plan is not approved explain why the water supply 16 service area of the City of Waukesha does not mirror 17 the sewer service area. 18 Is the Town of Genesee in an UNIDENTIFIED SPEAKER: My name is Chris 19 (indiscernible) with the Wisconsin DNR. 20 portion of the Town of Genesee that was included in 21 the water supply service area that is not currently 22 in the water supply -- or there's a portion of the 23 Town of Genesee that is in the water supply 24 delineated water supply service area that is not in 25 the sewer service area currently. Gramann Reporting, Ltd. There is a In our technical (800) 899-7222 2/18/2016 Public Hearing Page 30 1 review we state that one of the conditions that we 2 would place on it before we approve any water supply 3 service area plan would be that the sewer service 4 area has to be amended to match the water supply 5 service area before any final diversion approval will 6 be issued. 7 MR. JOHNSON: The next question is: 8 Waukesha have a combined sewer system? 9 could identify yourself. And if you 10 MS. CLAYTON: 11 Department of Natural Resources. 12 have a combined system. 13 for wastewater and (indiscernible) well water. 14 MR. JOHNSON: Does Nicki Clayton, Wisconsin The City does not It has separate treatment And then the next question 15 here is: 16 be good for the Root River and the floodplain? How can 10 million gallons of return water 17 MS. CLAYTON: 18 modeling for flow and returning. 19 10.1 million gallons of water per day, and that's 20 approximately 15.6 CFS. 21 We did do some hydraulic The maximum of And like Shaili said earlier in her 22 presentation, that during a two-year storm event that 23 flow would comprise about 2 percent of the flow, and 24 during a 100-year storm event it would be .3 percent. 25 For comparison purposes, FEMA, in order to Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 31 1 incorporate something into the revised hydrology, 2 into their flood insurance studies, the increase 3 would have to be about 10 percent above regular flow, 4 so their flow would be 28 percent. 5 Thank you. 6 MR. JOHNSON: The next question is: Does 7 the City of Waukesha have plans to further develop 8 residential expansion in industrial zones? 9 MR. DUCHNIAK: Dan Duchniak, general 10 manager of the Waukesha water utility. 11 or further development would be in accordance with 12 our approved zoning planning that we have for the 13 City of Waukesha. Any expansion 14 AUDIENCE MEMBER: The answer is, yes? 15 AUDIENCE MEMBER: Yes, the answer is, yes. 16 MR. DUCHNIAK: Sorry, yes. There would 17 be -- any further development would be in accordance 18 with our approved planning. 19 20 AUDIENCE MEMBER: development? There is a plan for the Is that answer yes? 21 AUDIENCE MEMBER: 22 MR. JOHNSON: Yes. And, I'm sorry, please -- 23 we're just looking for responses from the people on 24 the stage, please. 25 public comments in the next time period here. Gramann Reporting, Ltd. There will be an opportunity for (800) 899-7222 2/18/2016 1 Public Hearing So the next question: Page 32 Is there any data 2 steelhead are willing to swim through X percent 3 effluent. 4 home stream. They use olfactory senses to locate their 5 MS. CLAYTON: 6 Department of Natural Resources. 7 fisheries biologist, I just helped compile all the 8 return flow aspects. 9 put together (indiscernible) our fishery supervisor, Nicki Clayton with Wisconsin I'm not the But we didn't (indiscernible) 10 and the background effluent -- the effluent coming in 11 is going to be cleaner than the background 12 concentrations currently in the Root River, and 13 that's all that I can say about it at this point. 14 Thanks. 15 MR. JOHNSON: Next question is: Where are 16 the locations of the alternative well sites? 17 map available? 18 MS. PFEIFFER: Is a This is Shaili Pfeiffer. So 19 the well sites for the shallow well, the alternative 20 for the shallow well is located south of the City of 21 Waukesha between the Fox River and Kettle Brook, 22 primarily. 23 that are in the technical review. 24 25 There is detailed information in maps MR. JOHNSON: Next question starts off with a comment, but leading into a question. Gramann Reporting, Ltd. Waukesha (800) 899-7222 2/18/2016 Public Hearing Page 33 1 (indiscernible) hydrogen, background levels of 2 chloride, SR radium, et cetera, are present included 3 (indiscernible). 4 How do they deal with it? 5 MS. PFEIFFER: So I'm assuming this means 6 how do other communities deal with this? 7 of these kinds of issues really are site specific to 8 a community. 9 about how other communities in Wisconsin are dealing The details So, for example, we got asked questions 10 with radium issues just as one example. 11 and I looked through all of the communities in 12 Wisconsin that have radium issues. 13 number that do. 14 in looking at that, that there are vastly different 15 volumes of waters that those communities are dealing 16 with to treat -- what they need to do to treat that 17 radium, so that has a big impact on what a community 18 can do and what alternatives are available to it and 19 viable for it. 20 21 22 And I went There are quite a And one of the things that struck me AUDIENCE MEMBER: Can you give one example -MR. JOHNSON: I'm sorry. We're just taking 23 answers to the question from here. 24 followup question you can fill out a card. 25 If you have a I'm sorry, we have a number of questions Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 34 1 that we need to deal with and we need to do this in 2 an orderly fashion. 3 If 100 percent of water will be returned to 4 the Great Lakes, why can't 100 percent of the water 5 be returned to western Waukesha lakes? 6 MS. PFEIFFER: So just to follow up on the 7 previous question, two of the communities that are 8 nearby, both the City of Pewaukee and also Brookfield 9 are two communities that are examples that treat for 10 radium in Wisconsin and are in compliance with the 11 Safe Drinking Water Act to do that. 12 With regards to this question that relates 13 to returning water to western Waukesha lakes, I'm not 14 entirely sure what the question is getting at, but I 15 assume it's to deal with the environmental impacts to 16 the lakes. 17 specifically for wastewater discharges, however, 18 these are deep seepage lakes, which means they are 19 enclosed and have no discharge to the lake. 20 would expect that they would not be sites that you 21 would be allowed to discharge wastewater to. 22 State of Wisconsin, there are just very different and 23 very specific requirements for what types of water 24 bodies you can release water into and what types you 25 can't. I don't know the standards really And so I In the In Wisconsin that's typically rivers that Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 2 Public Hearing Page 35 wastewater is discharged to. MR. JOHNSON: Why did the alternative 3 analysis not include analysis for different treatment 4 methods for radium, and other radium treatment 5 methods that could be evaluated to provide safe 6 drinking water without Great Lakes water. 7 MS. PFEIFFER: So actually we did look at 8 different radium treatment methods. 9 things that came up with this CIC, the Compact One of the 10 Implementation Coalition, is water supply 11 alternative. 12 way the City of Waukesha had configured their deep 13 and shallow aquifer alternative, trying to mirror 14 that process and made as many of the same decisions 15 as possible with that. 16 They configured it very similar to the That alternative used reverse osmosis as 17 the treatment method. 18 reverse osmosis is that you end up losing -- it 19 varies depending on what the radium concentrations 20 are, but we used a figure of about 20 percent of the 21 volume of water. 22 more water in order to get what you need for demand. 23 So then issues came up with that, well, if And one of the issues with So you essentially have to pump 24 reverse osmosis has problems in terms of a demand 25 then what about other treatment methods? Gramann Reporting, Ltd. And so what (800) 899-7222 2/18/2016 Public Hearing Page 36 1 we did after we received those comments is, in the 2 EIS we actually did a review of the different 3 treatment alternatives and then -- you know, and 4 consulted with the engineering staff at the DNR 5 relating to that. 6 The conclusion there was that the radium or 7 RO is actually probably the most preferred treatment 8 method when you have a situation like the City of 9 Waukesha's, primarily just because of a high 10 concentration of the total dissolved solids that are 11 in there beyond water quality. 12 what you would choose for a treatment method are 13 highly specific to the specifics of the water quality 14 of that system. 15 The decisions for So that analysis was done, and then to the 16 second part of this question was did the another 17 radium treatment exist that should be evaluated to 18 provide safe drinking water without Great Lakes 19 water? 20 I don't think that -- I don't think that 21 it's a different treatment method that would -- that 22 would need to be considered. 23 treatment methods have been considered and don't 24 really change the conclusion on the availability of a 25 water supply alternative in the Mississippi River Gramann Reporting, Ltd. Those different (800) 899-7222 2/18/2016 1 Public Hearing Page 37 Basin. 2 MR. JOHNSON: The next question I think is 3 probably more my alley, are there other communities 4 and straddling counties looking to do the same as 5 Waukesha within the basin? 6 The best I can say is that we're not aware 7 of any other communities at this time. 8 say that nobody's considering it, but we're not aware 9 of any other communities and certainly no one has It's not to 10 submitted an application or indicated they are about 11 to at this time. 12 Next question is: If this is approved, 13 there's no way it would be completed by -- let's 14 see -- will be completed by 2018. 15 fined $5,000 a day? 16 increase and where do the funds come for the fine? 17 Are we still being How much will our water rates MR. DUCHNIAK: Dan Duchniak, Waukesha Water 18 Utility. 19 I'm going to try to bunch them all together and 20 answer them all at the same time. 21 regards to the -- with regards to the compliance 22 standard, 2018, and the potential fines, that would 23 be something that we would have to negotiate with the 24 Department of Justice, so I can't really comment on 25 that at this time. There's a number of questions on there, so Gramann Reporting, Ltd. First off with The potential fines, though, are (800) 899-7222 2/18/2016 Public Hearing 1 up to $5,000 per day per well that is out of 2 compliance. 3 Page 38 And then, like I said, there's a number of 4 questions. 5 increase: 6 the Common Council and the Water Commission that 7 rates are going to at a minimum double and 8 potentially triple depending on the amount of funds 9 that we could get through low interest loans, the On how much will the water rates The water utility has been cleared with 10 amount of debt we have to issue as a water utility 11 and as the City, and the amount of potential grant 12 funds that we could essentially obtain from the 13 federal government. 14 So it's all reliant on a number of 15 different variables, but, in general, the costs are 16 going to double -- at a minimum double and 17 potentially triple. 18 water bill you received today is comprised of both 19 water and sewer. 20 portion of the bill, so we're talking only about the 21 half of the bill that's the water portion of the 22 bill, not the entire bill. 23 One thing I will say is that the About half of the bill is the water And then: Where do the funds come from for 24 the fines that are associated with the -- if they do 25 get levied? They come from water utility funds. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 39 1 That's how they were paid previously when we were 2 fined by the Department of Justice with regard to our 3 radium compliance. 4 MR. JOHNSON: The next question is: Why 5 was the new aquifer modeling study and three other 6 documents amended to the application months after the 7 public comment period was closed? 8 process, as outlined, should have allowed public 9 input on all documents and to the application. 10 MS. PFEIFFER: The DNR evaluation I'm not entirely sure about 11 this. 12 aquifer modeling study that the applicant provided at 13 the end of the -- in December to us. 14 used -- we posted that study to our web page when we 15 received it. 16 in the revised preliminary final EIS. 17 is -- it says three other documents amended to the 18 application months after the public comment period 19 was closed. 20 I believe that they're talking about a new And so we We did not actually cite that document And there So I believe that those might be referring 21 to some documents and memos that the City provided, 22 that we basically requested. 23 one related to water conservation. 24 of the public comment period, we asked the City for 25 some additional information and received some good Gramann Reporting, Ltd. For example, there was And as a result (800) 899-7222 2/18/2016 Public Hearing Page 40 1 comments that indicated that there was a table in the 2 2012 Water Conservation Plan, that it didn't appear 3 the City was up to date with meeting the items in 4 that table over the timeline set out in that table. 5 So we asked the City what they were doing 6 with water conservation, and what -- you know, what 7 their efforts were, and what they had accomplished in 8 terms of meeting those objectives. 9 provided a memo to us that provided additional And so they 10 information. 11 documents that we posted after the comment period 12 closed were all documents that we received from the 13 applicant, that they put together in response to 14 comments that were received during the application 15 period. 16 So as far as I understand, the MR. JOHNSON: The next question is: 17 Blending water is being used as a solution to radium 18 in many communities. 19 600 million gallons a day, what effect might that 20 have on the groundwater? 21 If Waukesha stayed at MS. PFEIFFER: So, yes, blending water is 22 used to deal with radium in many communities, I agree 23 with that point. 24 demand was 6.7 million gallons a day. 25 their current system is not -- does not meet the Safe Gramann Reporting, Ltd. The City, in 2014, their water And really (800) 899-7222 2/18/2016 Public Hearing Page 41 1 Drinking Water Act the way it's configured at this 2 point, that they need to figure out a new system and 3 a new supply, that the CIC alternative that was 4 proposed includes additional radium treatment, but 5 that the system doesn't have sufficient capacity. 6 With the wells that they have presently, so the deep 7 wells and the three shallow wells, there's not 8 sufficient capacity. 9 capacity, whether their demand increases above 6.7 or 10 11 12 13 They need to have additional not. MR. JOHNSON: Next question is: Is reverse osmosis a viable option to treat current water? MS. PFEIFFER: So reverse osmosis, I think 14 I covered this primarily, that reverse osmosis is a 15 treatment method for radium, it's used in many 16 communities. 17 Wisconsin, but I know in northern Illinois there's 18 definitely communities. 19 midwest use reverse osmosis, so it's definitely a 20 viable treatment option. 21 I don't know that it's actually used in Other communities around the In this situation, with the current well 22 configuration and the current wells, there's not 23 sufficient capacity to do that. 24 supply alternatives found that if you were to add 25 capacity to this system through the shallow aquifer Gramann Reporting, Ltd. Our review of water (800) 899-7222 2/18/2016 Public Hearing Page 42 1 then you're going to have potentially significant 2 adverse effects to wetlands. 3 So, yes, reverse osmosis is a viable 4 treatment option, but in this specific situation, we 5 didn't find that it would allow there to be a 6 reasonable water supply return to the Mississippi 7 River Basin. 8 MR. JOHNSON: The next question is: Has 9 there been any consideration of complete recycling 10 for use of the existing Waukesha water rather than 11 withdrawing (indiscernible). 12 MR. DUCHNIAK: 13 Waukesha water utility. 14 considered as one of the alternatives that was 15 originally looked at when we looked at 14 different 16 alternatives. 17 looked at and it was screened out for various reasons 18 and ultimately we ended up looking at six different 19 alternatives. 20 Dan Duchniak from the Yes, complete recycling was That was one of the ones that was MR. JOHNSON: Will the tainted wells be 21 discontinued to be (indiscernible) isolate this 22 radium and other pollutants from seeping into Lake 23 Michigan and all the Great Lakes? 24 MS. PFEIFFER: 25 So, yes, if the City of Waukesha gets a diversion to upgrade to Great Lakes Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 43 1 water, they would no longer use the deep wells for 2 their water supply. 3 set -- the DNR has approved the option to keep them 4 as emergency backup wells in the event of an 5 emergency situation. 6 on a regular basis. 7 They -- they had asked and we However, they would not be used I'll just kind of comment a little bit more 8 on some of the rest of this comment. 9 in the deep aquifer, it's a naturally occurring The radium is 10 contaminant; and if you're not pumping it out of the 11 aquifer, then it's -- then it's going to stay in 12 place there. 13 MR. JOHNSON: And looks like for the last 14 question: 15 approved by city residents? 16 Has the vast cost of this project been MR. DUCHNIAK: Dan Duchniak, Waukesha Water 17 Utility. 18 public input process. 19 meetings with the public at the Common Council level. 20 After alternating with district meetings one in every 21 alleged district, and close to 100 water utility 22 commission meetings, both with the water commission 23 and the City council voted unanimously for this 24 application. 25 The City of Waukesha has had a robust MR. CHAIRMAN: I would say after dozens of Gramann Reporting, Ltd. Thank you. We will now (800) 899-7222 2/18/2016 Public Hearing Page 44 1 recess for a moment, a very brief moment, as I ask 2 the Regional Body and Compact Council members to come 3 to the front table. 4 5 6 7 MR. JOHNSON: We will begin the public hearing momentarily. (A recess is taken from 3:00 p.m. to 3:07 p.m.) MR. CHAIRMAN: Good afternoon. My name is 8 Rodney Tornes and I'm serving as the chair of 9 Regional Body and Compact Council on behalf of the 10 Ohio Department of Natural Resource Director; James 11 Berringer, who is the designee of Governor Casey, to 12 the Regional Body at Compact Council meetings. 13 Today's public hearing is a joint 14 (indiscernible) Great Lakes-Saint Lawrence Water 15 Resources Regional Body, otherwise known as the 16 Regional Body; and the Great Lakes-Saint Lawrence 17 River Basin Water Resources Council, otherwise known 18 as the Compact Council. 19 The purpose of this public hearing is to 20 provide you, the public, with an opportunity to 21 provide comments on the Waukesha Diversion 22 Application. 23 With me at the table are representatives of 24 the Regional Body and Compact Council, including Dan 25 Injerd of Illinois; Chris Smith of Indiana; Grant Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 45 1 Trigger from Michigan; Julie Ekman from Minnesota; 2 Don Zelazyny from New York, Jennifer Keyes of 3 Ontario; Kelly Heffner from Pennsylvania, Marcel 4 Gaucher from Quebec, and Eric Ebersberger of 5 Wisconsin. 6 I'm also joined by Dave Naftzger and Peter 7 Johnson, the secretary of the staff, and Mark Adams 8 Holland & Knight who served as outside counsel for 9 the secretary of staff. 10 To assist us in proceeding with comments in 11 an efficient and orderly way, we are calling on 12 Barbara Adams, who is legal counsel for the secretary 13 of staff, to conduct the comment-taking process 14 (indiscernible) in coordination of Peter Johnson, 15 Deputy Director to the Secretary. 16 MS. ADAMS: Barbara? Thank you, Mr. Chairman. Good 17 afternoon, and welcome everyone to today's hearing, 18 which is jointly hosted as it occurred by the Great 19 Lakes-Saint Lawrence Water Resources Regional Body, 20 which we refer to publicly as the Regional Body for 21 short, and the Great Lakes-Saint Lawrence River Water 22 Resources Council, also known as the Compact Council. 23 So why are we here today? We're here 24 for -- the purpose is we're going to receive comments 25 on the City of Waukesha's proposed Diversion of Great Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 46 1 Lakes water. 2 River Water Resources Basin Compact, which we call 3 "The Compact" for short, and the parallel agreement, 4 the City of Waukesha has applied for an exception to 5 the general prohibition of diversion to the Great 6 Lakes water as a community that has been determined a 7 straddling county, which means that (indiscernible) 8 lies partly within the Great Lakes Basin and partly 9 outside that basin. 10 Under the Great Lakes-Saint Lawrence Therefore, Waukesha must go through a 11 regional review process on both the Compact and the 12 Regional Agreement, and to obtain approval ultimately 13 of the Compact Council in order to divert Lake 14 Michigan water to the City. 15 Part of the initial review process is what 16 we're doing here today, is to receive public comment 17 from you on whether the City's application, as filed, 18 meets the standard of review and decision on both the 19 regional agreement and the Compact. 20 This hearing is being held pursuant to two 21 documents; the document (indiscernible) Section 201 22 of the Compact Council's Interim Guidance that they 23 adopted on June 10, 2010, and also Section 0201 of 24 the regional bodies interim procedures, also adopted 25 on June 10, 2010. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 47 The Regional Body and the Compact Council 2 set this time and place, which is three o'clock in 3 the afternoon on February 18th, of 2016, here at 4 Carroll University, Shaddock Music Center, Room 122. 5 In Waukesha, Wisconsin, for a public hearing to 6 receive those public comments on the proposed 7 diversion. 8 9 Notice of the hearing was given on January 7th, 2016, on a joint website hosted by the 10 Regional Body and the Compact Council, as well as 11 through the Great Lakes information network and sent 12 to all individuals who registered with that group as 13 interested parties. 14 federal indigenous tribes. 15 And also to First Nations and Those of you who were here at the 2:00 16 o'clock hour already know a record of this proceeding 17 will reflect that an informational presentation to 18 the pubic was held immediately prior to this hearing, 19 commencing at 2:00 o'clock in the same room. 20 public at that time had an opportunity to ask 21 questions of the secretariat of the Regional Body and 22 Compact as well as State of Wisconsin staff after the 23 initial presentation. 24 25 The So let me just take a moment to refresh everybody about the ways that you have to make public Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 48 1 comment. 2 public comments about the Waukesha Diversion 3 Proposal. 4 mail them or deliver them to the office of the 5 secretary in Chicago. 6 the secretary's website as well as the 7 WaukeshawDiversion.org website that was referenced 8 earlier today. 9 There are five levels that you can submit One is to provide written comments and That address is available on We can provide written comments by email, 10 attach it to a -- either a written email or attach a 11 document to the email and send it to 12 [email protected]. 13 The third way is to provide written 14 comments by filling out the comment form. 15 comment forms up in front in the lobby. 16 can fill out a comment form in paper, or you can do 17 it on the website, but the form is available. 18 There's a form on the website as well. 19 written comments that you have prepared, you can 20 provide those to us today, get them in to us today, 21 those will be part of the record. 22 we're prepared today to hear your oral comments on 23 the proposal. 24 25 There are Today you If can have And, of course, If you are going to submit written comments, we ask that they be submitted no later than Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 49 1 March 14th, 2016, here noted in the first hour today 2 that if you submitted it earlier than January 12th, 3 that you submitted written comments, please resubmit 4 them before March 14, because that's the window for 5 the comments, so if you were an early bird, please 6 file that again. 7 And then those will all be included, and 8 the statements will have the same weight and effect 9 as any oral statements presented today. So don't 10 feel if you submit a letter or something like that, 11 it won't get read. 12 So what happens next? And Peter reviewed 13 this a little bit earlier, but I'll do it again so 14 that it's in our hearing record. 15 your comments today on the application of the City of 16 Waukesha to divert Great Lakes water. 17 will be reviewed by the Regional Body and the Compact 18 Council. 19 period and a receipt of all technical reviews, then 20 the Regional Body which consists of the governors of 21 the eight Great Lakes states and the premiers of the 22 Canadian Provinces of Quebec and Ontario. 23 Regional Body will review and consider adoption of a 24 Declaration of Finding as to whether the application 25 meets the criteria in the Great Lakes and Saint We're here to take All comments At the close of the public hearing contact Gramann Reporting, Ltd. The (800) 899-7222 2/18/2016 Public Hearing Page 50 1 Lawrence River Basin Sustainable Water Resources 2 Agreement. 3 While the consensus by the actual body was 4 preferred, that declaration is not required to be 5 unanimous; it can contain alternative points of view. 6 After the adoption of the Declaration of Finding by 7 the Regional Body, it then is forwarded to the 8 Compact Council, which consists of the governors of 9 the Great Lakes states, for their consideration. 10 The Compact Council is required to reach a 11 decision to approve the diversion before a state 12 permit can be processed for the diversion proposal. 13 Under the Compact, any vote against the application 14 means it will not be approved. 15 So now let's talk about public comments. 16 That's why we're here. 17 in. 18 sign-in forms up front, even if you're not going to 19 comment, please sign in. 20 record of who's here. 21 those forms, please grab one of those forms, fill it 22 out and turn it in. 23 to make a comment on that form. 24 25 We asked y'all to please sign If you haven't already filled out one of the We have to have a good If you haven't gotten one of Indicate yes or no if you wish Some folks have told us in advance they would like to make comments today. Gramann Reporting, Ltd. (Indiscernible). (800) 899-7222 2/18/2016 Public Hearing Page 51 1 If you don't wish to speak right now, but as the 2 proceedings go forward you decide you would like to 3 make a comment orally, please get a comment form, 4 fill it out, turn it in, and we will make sure that 5 we get through everybody who submits a later form as 6 well. 7 bring those comment forms to us. 8 9 There are staff folks who are walking and will Please keep in mind the intent is to be informational in nature. It's not a contested case. 10 This is not intended to be an adversary proceeding. 11 The purpose is really that the folks up here want to 12 hear what you have to say, want to hear your comments 13 on the Waukesha proposal to divert the Great Lakes 14 water. 15 here, very impressive. 16 rules. 17 through the ground rules up front. 18 And we really appreciate how many people are Let me give you the ground With this many people it's essential to go Given the number of folks here and the 19 acoustics of how this is going to work, if you want 20 to have a side conversation or a chat with your 21 neighbor, we ask that you please step outside into 22 the hall so that it doesn't distract from the 23 attention to the speaker or person who has the 24 microphone. 25 we would like to hear that person and have that The speaker is entitled to be heard, and Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 52 person have a fair turn. 2 Second, we want to hear from as many of you 3 as we can, there's obviously a lot of people, we have 4 a lot of forms up here already. 5 all comments to three minutes per person. 6 you come up to the mics, be prepared to be efficient. 7 We'll let you know when your three minutes are up. 8 We'll have a yellow card which will indicate you have 9 30 seconds left. So we're limiting And then we have the red card that 10 says your time is up. 11 yield the floor to the next speaker. 12 So when So we ask if you would please Third, if you hear someone make a comment 13 that is a comment that you agree with, and that's 14 really the comment that you wanted to make, if you 15 come up to the microphone and introduce yourself, and 16 say "I agree with so and so and with those comments," 17 everybody, I think, would appreciate your brevity and 18 sincerity of comment, and we would appreciate it, so 19 we encourage you to do that where that's possible. 20 And, fourth, if you have blanket comments, 21 we encourage you to use your three minutes to give us 22 the highlights of your comments, and then please give 23 us your full comments in writing so that the detail 24 can be thought about and considered carefully, 25 because we just don't have time to allow folks to go Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 2 Public Hearing Page 53 for a long time. We do have a sign-in sheet. So feel free 3 to sign in, if you need to. 4 to speak one at a time, but what I would ask them to 5 do is if you queue up three or four names ahead and 6 announce those would be the next folks, we would 7 encourage those folks to come down to the area of the 8 microphone so that they can take a seat near there so 9 that they are prepared to get up and not -- we don't We will call people up 10 waste everybody's time with people trying to make 11 their way to the front. 12 three or four ahead so that you know when your term 13 will come up and you can be ready. 14 We'll try to be queuing up When it's your turn to make comments, 15 please state your name and address for the record, 16 and speak into the microphone. 17 reporter, over here to your left, and she is taking 18 everything down, so please use the mic so she can 19 hear you and everybody else can hear you as well. 20 And also, please keep in mind that the court reporter 21 can only take down words so if you nod or gesture, if 22 you're intending to convey something other than 23 words, please convert it to words so she can get that 24 on the record as well. 25 We have a court And with that -- that's a lot of Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 54 1 preliminaries, but I hope those rules will make sense 2 that we have. 3 And we have quite a staff. 4 four speakers that we have are Joan Francoeur, 5 Jennifer Andrews, Shawn Riley, and Tom Barrett. 6 if those folks would come down, and we would like to 7 hear first from Joan Francoeur. 8 9 10 AUDIENCE MEMBER: So the first So Joan Francoeur, 201 North Comanche Lane, Waukesha, Wisconsin. Thank you to the Department of Natural 11 Resources for working so hard on this application. 12 Thank you for the opportunity to address you today, 13 and welcome you to what we fondly call "The Shaw." 14 My name is Joan Francoeur, and I'm an 15 alderman in the City and have served for 13 years. 16 have had a chance to participate in the discussions 17 and a couple of forums and meetings and to cast votes 18 for the water diversion application. 19 4,600 people. 20 this water application, they want to be responsible, 21 good neighbors to the region, and to a larger 22 community that is touched by the Great Lakes. I represent The people in our district support 23 I believe you will be hearing a lot about 24 the science and rationale behind our efforts today. 25 I believe the studies and research have proved Gramann Reporting, Ltd. I (800) 899-7222 2/18/2016 Public Hearing Page 55 1 (indiscernible). 2 produce good policy. 3 who are very articulate and passionate about their 4 point of view. 5 I believe that good data can Today you will hear from people So what could I possibly add to this forum? 6 A long time ago I read that Einstein said that there 7 isn't any such thing as a straight line. 8 was next to a picture that showed that when we see 9 only a small portion of an issue or a space, we think The quote 10 it looks straight. 11 perspective, it is, but the distance between two 12 points and on a much larger arc or curve. 13 But when we get a larger To me that applies to how we look at this 14 application. 15 for this diversion, but our city is also required to 16 see the larger picture as we live in a wider world 17 that affects all the Great Lakes and our community 18 and neighbors. 19 we must do it in the way that protects our region by 20 not drawing down the aquifers, and also join through 21 those who are focused on the need to protect the 22 larger community called the Great Lakes. 23 Waukesha has demonstrated critical need While ensuring our own water future, I firmly believe that this application 24 addresses both of those necessities and meets the 25 Compact criteria. Gramann Reporting, Ltd. I served on our planning (800) 899-7222 2/18/2016 Public Hearing Page 56 1 commission, and we find occasionally that in granting 2 a permit you sometimes need to apply conditions. 3 respectfully ask that you consider conditions under 4 which you can grant this application to us. 5 I Lastly, I wanted to use my time to ask you 6 to look at us. 7 are two Waukeshas; one is the name of our county and 8 one is our city. 9 our city. I know you've taken a tour. There Today we are here advocating for I want you to know our city and its 10 residents. 11 the people in your home area. 12 workers and families and a high percentage of 13 affordable housing like many of you may have. 14 I want you to see that we are just like We have a lot of We turn the water on and we brush our 15 teeth. 16 we're taking care of our prescious resource. 17 Finally, I'd like to say we have a We don't water our lawns like we did, and 18 population that's represented by people such as 19 myself. 20 but small enough to have all of our servants 21 participate as they did with this. 22 concurred, and our application is better for that. 23 We are a well-run city, urban challenged, All of them In summing up, our Common Council along 24 with our staff and our taxpayers have made sure that 25 we are financially sound. Gramann Reporting, Ltd. So most of all, I want you (800) 899-7222 2/18/2016 Public Hearing Page 57 1 to know that you can trust us to be a strong steward 2 of the Compact and we keep our word. 3 4 MS. ADAMS: Thank you. Thank you for your comment. Jennifer Andrews? 5 AUDIENCE MEMBER: Good afternoon. Jennifer 6 Andrews. 7 the City of Waukesha, and I've worked for Waukesha 8 for 17 years. 9 University and a resident of the City as well. 10 I'm the Community Development Director for I also happen to be an alum of Carroll Today I just want to tell you a little bit 11 about our city. 12 you have already heard and a little bit about our 13 development focus. 14 largest population in its county. 15 diverse skill sets including doctors, machinists, and 16 all the way to baristas. 17 population, and we have the most diverse population 18 in the county in terms of income and race. Hopefully it's not hitting too much The City of Waukesha has the Our workforce has We have a diverse 19 We support our workforce and our population 20 by providing affordable housing and transit services. 21 The City has developed at a moderate pace over the 22 past 170 years, and this is not a new community, as 23 I'm sure you noticed, are a suburban community. 24 City has a diverse and standalone economy. 25 home to three higher learning institutions, we have Gramann Reporting, Ltd. The We are (800) 899-7222 2/18/2016 Public Hearing Page 58 1 one of the heaviest used airports in the state, and 2 our hospital services the majority of the population 3 of the county of Waukesha. 4 We have a thriving industrial sector, which 5 is witnessed by six out of ten of our largest 6 employers being manufacturers. 7 seat and the host County government, and we also host 8 the world headquarters of GE Medical. 9 We are the County Our development focus is really on the 10 expansion of existing manufacturers and companies in 11 the City of Waukesha, also the redevelopment of 12 ground fields and infill on lands already planted and 13 divided, especially in our central city. 14 The City has a long history of 15 comprehensive planning, and as part of that planning 16 development of the water service area that you have 17 seen. 18 the City limits. 19 planning tool for decades, and has been using it even 20 before it was required by state law. 21 And that does include some areas outside of The City has used this as a The City already serves some customers 22 outside the City boundaries, but within its service 23 area, and would like to be able to continue doing 24 that in a safe manner. 25 limits but within the service area have a great deal Gramann Reporting, Ltd. The areas outside of the City (800) 899-7222 2/18/2016 Public Hearing Page 59 1 of environmentally sensitive areas and conservancy 2 areas that are not developable or areas that have 3 already been developed by other towns or government 4 units. 5 15 percent of the area between the City 6 limits and the service area is the only -- is the 7 only area that's available for development; and, of 8 that, half a percent of that land is available for 9 industrial development and .2 percent for commercial 10 development. 11 We have been responsible in our development 12 patterns, and a reliable water supply is critical for 13 the continued success and viability of all of our 14 businesses and our economy. 15 critical for our 71,000 residents. 16 AUDIENCE MEMBER: But most of all it's Thank you. Hello, Shawn Riley. I'm 17 the mayor of the City of Waukesha, and I thank you 18 for holding this public hearing. 19 have probably a long afternoon. 20 support for Waukesha's application to provide a 21 sustainable and healthy drinking water supply for my 22 residents by asking to borrow and return Lake 23 Michigan water under the terms of the Great Lakes 24 Compact. 25 I think you will I'm here to voice my The purpose of the Compact was to ensure Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 60 1 that the decisions are made on science not politics. 2 It's hard to imagine a water supply decision that has 3 received more investigation than Waukesha's. 4 experts at the DNR have reviewed our 3,000-page 5 application for more than five years before drafting 6 an environmental impact statement and technical 7 review. 8 memorandums in response to DNR questions over those 9 five years. 10 The We submitted an additional 22 technical The DNR agreed that our application to 11 borrow and return Lake Michigan water meets the 12 requirements of the Great Lakes Compact. 13 seen interest groups make claims about what the 14 Compact requires, however, their claims use standards 15 that are not in the Compact. 16 resort or exhausting all alternatives. 17 standard to be used to determine the outcome is 18 important, the standard set forth in the Compact is 19 the only reasonable alternative. 20 We have Such as being the last The legal For those concerned that there may be a 21 large number of future requests, I refer them to the 22 independent work by the Great Lakes organization that 23 studied this issue. 24 communities and straddling counties that may someday 25 have the need that we do for Great Lakes water. Gramann Reporting, Ltd. It found only four other In (800) 899-7222 2/18/2016 Public Hearing Page 61 1 addition, please recall that, other than New Berlin 2 in 2009, not a single other community that straddles 3 basin divide (indiscernible) permission from their 4 state's governor and are not required to demonstrate 5 a need, has even applied for Great Lakes water since 6 the Compact was enacted. 7 Our circumstances are unique. We have a 8 naturally contaminated water from a depleted water 9 supply and a court order requiring us to address it. 10 Our return flow water will improve the flow and water 11 quality of the Great Lakes tributary, helping the 12 fishery and important fish egg collection facility. 13 Waukesha is also unique in that we are one 14 and a half miles outside of the Great Lakes Basin 15 surface divide, but inside the groundwater divide. 16 This means that our continued groundwater use will 17 negatively affect the Great Lakes watershed. 18 Compact states that substantial consideration should 19 be given to whether or not the proposal can provide 20 sufficient scientifically based evidence that the 21 existing water supply can derive from groundwater 22 that is hydrologically interconnected to waters with 23 the basin. 24 25 The Our application provides this scientifically based evidence. Gramann Reporting, Ltd. In summary, (800) 899-7222 2/18/2016 Public Hearing Page 62 1 Waukesha's application meets legal requirements, the 2 decision on Waukesha's application is not a choice 3 between protecting the Great Lakes and providing safe 4 drinking water for Waukesha. 5 wall at the borders of straddling counties and by 6 requiring return flow, the Compact assures that both 7 of those roles can be met. 8 9 MS. ADAMS: comments. By establishing a clear Thank you, mayor, for your Before you start I'll just ask the next 10 five folks to queue up. 11 Kollmansberger, Cory Mason, Joe Piper, and Steve 12 Johnson. 13 Paul Ybarra, Bea Those will be the next five. AUDIENCE MEMBER: Good afternoon. My name 14 is Tom Barrett. 15 Milwaukee, and I come with a very, very unique 16 perspective. 17 I'm the mayor of the City of The City of Milwaukee was the original 18 suitor in the discussion about the sale of water, and 19 the reason we are the original suitor is we made the 20 most sense. 21 utility runs at a capacity of about 30 percent 22 because there's fewer breweries and bottleries and 23 canneries than there were before. 24 cheap. 25 be less expensive going through Milwaukee. We've got an abundant system, our water Our water is It's the closest, and the capital cost would Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing 1 Page 63 We have a history of working with our 2 neighbors. 3 the ones that sell water to New Berlin. 4 we here? 5 down to you. 6 Great Lakes Compact. I believe very strongly in the 7 Great Lakes Compact. And I also believe that 8 economic growth and environmental sustainability are 9 not enemies, that they can go hand in hand. 10 Mayor Riley referenced New Berlin, we're Why are we on the agenda? You're the reason. So why are And it comes I believe in the And I was surprised when the negotiations 11 began and I was shown the map of the area. 12 reason I was surprised was I served in congress for 13 ten years, and was very sensitive in the 1990s to the 14 issues, the issues here in Waukesha, and was trying 15 to be helpful. 16 negotiations, but I was shown the surface supply 17 area. 18 was about the City of Waukesha. 19 larger than that." 20 And the So I wanted to have these And I said, "Wait a minute. I thought this This map is much And they said, "Well, that's the water 21 services plan." 22 thought this was about communities, that the Compact 23 talks about a community." 24 Wisconsin we talk about water services plans." 25 said, "But the Compact doesn't talk about those." Gramann Reporting, Ltd. I said, "Water services plan? I And they said, "Here in And I (800) 899-7222 2/18/2016 1 Public Hearing Page 64 And we got a letter from the DNR stating, 2 "Well, we tried to get the Compact to include 3 language for water supply service areas, but we 4 weren't successful." 5 We, the City of Milwaukee, has passed a resolution 6 that is still in effect that says that we can 7 negotiate over the sale of water to the current 8 service area. 9 willing to do that. But they went ahead anyway. I'm here today to say we are still I believe that makes the most 10 sense for rate payers, to the environment, for our 11 utility, for everyone involved. 12 What we have is a clear difference between 13 state law and federal law. 14 federal law is going to trump the state law. 15 felt, even though we had a lot to gain by nature, 16 frankly, to sell the water, that I had to be 17 respectful of you, of the Great Lakes Compact, and 18 not be the first community to move forward and to 19 ignore what I considered a crucial provision. 20 And my read on this is So I So, again, I think there's a lot of people 21 here with good intentions, I think you have to decide 22 what's the right thing to do, and what we're simpling 23 asking is to modify this agreement so that it will 24 reflect what I believe is the intent of this act and 25 that is the service area. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 65 1 MS. ADAMS: 2 AUDIENCE MEMBER: Thank you. 3 AUDIENCE MEMBER: Well, thank you for the Thank you, Mr. Mayor. 4 opportunity to testify in support of Waukesha's 5 application to borrow and return Great Lakes water. 6 My name is Paul Ybarra, and I'm a current Waukesha 7 Water Utility Commissioner, and also represented the 8 residents of district five here in Waukesha as Common 9 Council president for seven years. I was fortunate 10 enough to be voted as the Common Council president 11 for two of those seven years, and was the common 12 council president when this application was approved 13 by the Waukesha Common Council. 14 So there is a high probability that I have 15 invested more time understanding and exploring this 16 3,000-plus-page application than I did actually 17 earning my bachelor's degree at the University of 18 Wisconsin Whitewater. 19 As a former elected official, I know the 20 residents of Waukesha all share a strong desire to 21 have safe and reliable drinking water for our 22 families for now and into the future. 23 to make sure it comes from an environmentally 24 sustainable source. 25 We also want A lot of people that walk -- a lot of Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 66 1 people worry that Waukesha's borrowing and returning 2 of Lake Michigan water would somehow harm the Great 3 Lakes; that's just not the case. 4 using 1 millionth of 1 percent of Great Lakes water, 5 and then we will return that same amount back to the 6 lake. 7 Waukesha will be It's like taking 1 teaspoon out of an 8 Olympic-size pool and then putting it back; there 9 will be no affect on the lake. And while I'm very 10 passionate about this topic, and I have about 15 11 other points that I'd love to make, with three 12 minutes, I've learned that you have to be concise, 13 you have to be brief, and then you've got to be 14 seated. 15 down, I want to thank all of you, all the 16 representatives of the Great Lakes states and 17 provinces who have taken the time to travel here to 18 gain a better understanding of Waukesha's water needs 19 and how we meet the terms of the Compact. 20 So I'm going to do that, but before I sit We're grateful for your effort in providing 21 objective review of our application and your 22 commitment to upholding the terms of the Great Lakes 23 Compact. 24 Waukesha. 25 lots of money in downtown historic Waukesha. I hope that y'all enjoy your stay in I would invite you to stop down and spend Gramann Reporting, Ltd. Thank (800) 899-7222 2/18/2016 1 Public Hearing Page 67 you. 2 MS. ADAMS: 3 MS. KOLLMANSBERGER: Thank you for you're comments. Good afternoon. 4 Ginger Kollmansberger, Regional Director for the 5 Milwaukee office of Senator Ron Johnson. 6 Thank you for bringing the Great Lakes 7 Regional Compact Council to Waukesha and for holding 8 this open public forum here today. 9 it, the Compact Council is seeking input from As I understand 10 citizens and public officials here from each of the 11 Great Lakes states and that a decision on whether or 12 not to approve Waukesha's application to utilize Lake 13 Michigan as its primarily source of water is expected 14 in the spring. 15 Please accept this letter as my formal 16 public endorsement of the City's application. 17 argues the fact that Waukesha needs to find a new 18 source of fresh water. 19 be that source, providing for safe, affordable, and 20 maintainable water supply for Waukesha families for 21 generations to come. 22 Nobody Lake Michigan can and should Once complete, the daily water movement 23 into and out of the City would be tantamount to 24 borrowing. 25 will result in an equal amount of clean water being Their post-usage treat and return plan Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 68 1 efficiently sent back to Lake Michigan. 2 ecological integrity of the lake will not be harmed, 3 and it's overall water volume will not be impacted. 4 The I respect the integrity of the process you 5 are currently engaged in, and I acknowledge the 6 seriousness of allowing any lake diversion into a 7 community outside the basin. 8 will not pass judgment or make rash determinations 9 before all the facts are known, and all of the It is my hope this body 10 alternative options are understood, including those 11 offered by opponents of the application. 12 Currently residents of Flint, Michigan are 13 experiencing a glaring example of what happens when 14 officials don't properly vet the alternatives when 15 changing water sources and default to criteria based 16 on outside forces or simply underestimate the awesome 17 responsibility it is to provide safe water to their 18 community. 19 vetted their alternatives and the plan before is the 20 safest, smartest, and most cost effective option 21 available to them. 22 sound science and the decisions have been made 23 transparently and without political motive. 24 25 It's clear that Waukesha has properly They have based their proposal on Again, I respectively request to approve the application before you, and allow Waukesha City Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 69 1 leaders to continue this final infrastructure effort 2 in 2016. Sincerely, Ron Johnson, United States 3 Senator. Thank you. 4 MS. ADAMS: 5 AUDIENCE MEMBER: Thank you for the comments. Good afternoon, my name 6 is State Representative Cory Mason. 7 Racine, Wisconsin, in the 66th Assembly District 1948 8 Michigan Boulevard, Racine, Wisconsin 53402. 9 I represent I also chair the Great Lakes Legislative 10 Caucus, which is a bi-national coalition of state and 11 provincial legislators from across the eight states 12 and both provinces, and having been fortunate enough 13 to chair that organization, which has formally taken 14 a position against the proposed Waukesha diversion. 15 I want to thank all of you for being here 16 today. 17 in its entirety Waukesha's proposal here today for a 18 number of reasons that are vitally important. 19 and foremost of which, I don't need to tell all of 20 you, you're setting a precedent here. 21 determining whether or not the high standards that 22 are laid out in the Great Lakes Compact will be 23 adhered to or not. 24 25 I'm here today to ask the council to reject First You're So this is important not only for Waukesha and Southeastern Wisconsin, but I would submit for Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 70 1 the rest of the Basin and the integrity of the entire 2 Compact itself. 3 So I would encourage you to look at this 4 proposal closely, and reject it. 5 feeling, our very strong feeling, that what the DNR 6 got is wrong, that Waukesha started with the outcome 7 that it desired, which is where it's going, as 8 opposed to asking the tough question of how it could 9 be treating the radium in our water without even It is our strong 10 considering really anything other than Lake Michigan 11 water. 12 There's at least four reasons we're deeply 13 concerned about this proposal. 14 frankly, I think the tenant of the foundation of this 15 proposal is based on a house of sand. 16 there is no other way they could treat the radium but 17 for Great Lakes water I find highly suspect. 18 are neighboring communities that manage to treat 19 their radium, and we've heard all the reasons why 20 people think this proposal is preferable, but 21 certainly not why it's absolutely required, that it 22 meets the standard of no reasonable alternative. 23 would encourage you to look deeply into that. The first of which, The idea that There 24 The conservation requirements, it would 25 seem to me that if you use six-and-a-half million Gramann Reporting, Ltd. I (800) 899-7222 2/18/2016 Public Hearing Page 71 1 gallons a day and you're coming forward with a 2 conservation-based proposal, you would be saying we 3 could use as much or less than we are now. 4 asking for almost double what they're using now, up 5 to 16 million gallons a day. 6 They're For me, at a very local level, the Root 7 River runs through the heart of my district. 8 spent decades trying to improve this impaired river, 9 and the diligence done by the DNR was completely We have 10 inadequate on determining the adverse impacts on my 11 communities and what it means for the people who live 12 in my district. 13 So I would urge you in the strongest 14 possible terms to do more analysis and come to a 15 conclusion that rejects this proposal in its 16 entirety. 17 masquerading as a trained water problem. 18 to say no. This is an urban sprawl practice I urge you Thank you. 19 MS. ADAMS: 20 AUDIENCE MEMBER: Thank you for your comments. Good afternoon. My name 21 is Joe Piper, and I represent the fourth district on 22 the common council here on in the City of Waukesha. 23 I reside at 1011 West Lynne Drive here in the City. 24 25 Thank you for the opportunity to testify in support of Waukesha's application to borrow and Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 72 1 return Great Lakes water. 2 Common Council since 2006, and I am very proud of the 3 work that's done by the utility staff and this common 4 council that has culminated in our application. 5 like my colleagues on the council, have invested time 6 to understand the challenges we face, we have 7 examined all viable options, we have taken the time 8 to educate our neighbors through numerous meetings 9 held everywhere from City Hall to gymnasiums to many I have served on the 10 living rooms, to arrive at the determination that 11 borrowing water from Lake Michigan is the best 12 long-term option for our city. I, 13 As a member of the Board of Public Works, I 14 worked closely on our staff on a $72 million upgrade 15 to our clean water plant. 16 be a state of the art facility that will ensure that 17 we return the borrowed water in the same if not 18 better condition from which it arrived from the lake. 19 Once completed this will As a representative of my neighbors and 20 chair of the finance committee, I hold a 21 responsibility to make sure that we get this right 22 the first time, and expenditure of funds on the 23 project is done right and ensure a long-term solution 24 to our drink water needs. 25 I appreciate the work that you are Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 73 1 undertaking, and I know this is a decision that you 2 will not take lightly. 3 that we have reviewed all options and we are 4 confident that our application meets the terms of the 5 Compact. In closing, I can ensure you 6 Thank you for visiting our city. 7 and I are proud to call Waukesha home, and on behalf 8 of my neighbors, all the best to you as you go about 9 your work. 10 MS. ADAMS: My wife Thank you for your comments. 11 And before the next speaker begins, I will queue up 12 the next group. 13 T-h-i-e-l-e; Joe Piatt; Kevin Lahner; and John Marek. 14 John Dickert; Terry Thiele, AUDIENCE MEMBER: Thank you very much. 15 name is Steve Johnson. 16 the 10th district in the City since 2001. 17 My I have been an alderman in I would like to thank all representatives 18 from the Great Lakes states and the provinces of 19 Canada for attending this very important and historic 20 presentation of the City of Waukesha's application 21 for Great Lakes water. 22 As a long-time alderman, I have been 23 involved with this application from the beginning. 24 This has obviously been the most important issue 25 we've been involved with and have spent hundreds of Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 74 1 hours on this issue. 2 future of the City of Waukesha. 3 every option available from the very beginning for a 4 solution for safe and sustainable water for the City 5 of Waukesha. 6 And it's all going for the We have looked into The Great Lakes are one of the world's most 7 valuable resources, and that is why an application 8 for diversion is such a hard process. 9 be. 10 And it should The application for the diversion that 11 Waukesha has submitted has met every parameter and 12 every term that the Compact has set forth. 13 There will be a lot of benefits from 14 Waukesha getting Lake Michigan water. 15 the wells, the shallow aquifer, the aquifer, and the 16 Vernon Marsh to the south of the City, also the 17 return route of the Root River. 18 important and one that we're here for is the safety 19 and sustainability of the water for all citizens of 20 Waukesha. 21 Benefits being But the most Again, I would like to thank you, and I'm 22 sure you're enjoying your time in our city. 23 you. 24 MS. ADAMS: 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. Thank Thank you for your comments. Good afternoon, (800) 899-7222 2/18/2016 Public Hearing Page 75 1 everybody. 2 of Racine, Wisconsin, and I'm here to testify on this 3 diversion. 4 the best tasting water in America. 5 the greatest beaches in the nation, and it's one of 6 the top beaches of the world. My name is John Dickert. I'm the mayor Racine is -- if you know, is the home of And it's one of 7 We spend a lot of time, and we have been 8 spending a lot of time making sure our beaches are 9 clean and our water is clean and our Root River, 10 which is a national fishing tournament river -- it 11 actually is a national trout record, and it is clean. 12 We do that because Dr. Julie Kinzelman, one of the 13 brightest and best in the world, spends her time, now 14 that the beach is clean, working upriver to find out 15 how we can make sure that this river is as clean as 16 humanly possibly. 17 We do not want what the DNR will allow to 18 come down the stream. 19 fluoride, phosphorous, micro beads, you name it. 20 While that might be acceptable when it comes to 21 discharges, I will be frank with you, we don't want 22 it. 23 Additional pharmaceuticals, And we don't want it because that not only 24 runs through the heartland of our city where all of 25 these activities are going on, but it empties out Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 76 1 into the lakefront next to North Beach, which is no 2 ordinary beach. 3 this entire conversation, testing would be 4 (indiscernible) this, to see that, if there were any 5 problems with (indiscernible) on our river. 6 have all gone away. 7 ready (indiscernible) Saint Lawrence City Initiative, 8 which I was the chair of last year, to work with 9 Waukesha to do what we can, whether it's additional We were promised in the beginning of Those I will tell you this, we are 10 testing, new streamlined opportunities for cleaning, 11 or whatever the case is, because we want to make sure 12 that they are successful. 13 But there is a bigger point that I think is 14 going to be inherent in this conversation. 15 comes from not only myself as a former chair of the 16 Great Lakes-Saint Lawrence cities' initiative, but 17 also from my colleagues from the United States and 18 Canada. 19 can't put it back together again. And this If you crack this egg of the Compact, you 20 Now, we've already heard from individuals 21 during the debates that, if this doesn't go there's 22 is going to be a lawsuit. 23 the national board, and the international board for 24 water. 25 sure, water is going to be our new gold, and, I sit on the state board, And if there's one thing that I know for Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 2 Public Hearing Page 77 therefore, our protection of it is imperative. So if we're going to crack the egg of the 3 Company, we know as mayors that there are hundreds of 4 cities that want to tap into this. 5 is not up to you anymore, the decision then is up to 6 the courts, and that is what we fear the most. 7 The decision then We stand ready to work with Waukesha and do 8 whatever we can to make this work out for everybody, 9 but we are very concerned and somewhat terrified of 10 cracking an egg in the Compact, because once you do, 11 you can't put it together again. 12 13 I want to thank you for your time and thank everybody here for being part of this conversation. 14 MS. ADAMS: 15 AUDIENCE MEMBER: Thank you for your comments. Good afternoon. My name 16 is Terry Thiele. 17 Waukesha, I have been so since 2008. 18 1712 Stardust Drive in the City of Waukesha. 19 also on the Water Utility Commission; I have been so 20 for approximately five years. 21 I'm an alderman of the City of My address is I'm There is one thing that I guess I would 22 like to address with this, integrity is a very 23 valuable commodity as well as water. 24 painstaking process to go through. 25 many meetings about this. Gramann Reporting, Ltd. This has been a There have been I'm glad that Shaili had (800) 899-7222 2/18/2016 Public Hearing Page 78 1 mentioned earlier the number of requests for feedback 2 from the water utility, to clarify points, for our 3 compact submission. 4 I remember sitting in those meetings and 5 asking myself, "Why do they need that information 6 again? 7 conversations with Dan Duchniak, the general manager 8 of the utility. 9 Why are we submitting this?" I had many Now in hindsight, how valuable was that 10 scrutiny to the application that we submitted? 11 talked about integrity. 12 on something that means nothing. 13 Marine Corps veteran. 14 as a police officer for all my adult life. 15 continue that service with the Common Council for the 16 City of Waukesha. 17 a valuable commodity, I would not put my name on 18 something that I thought was frivolous, that was an 19 abuse of our resources. 20 wrong. 21 right thing to do. 22 I I'm not going to put my name I'm a United States I served several communities Now I Things like that, just as water is And that was, just frankly, This is has been scrutinized. This is the Our city needs this water. Lastly, I'd like thank all of you for 23 coming today and listening to what's being said. 24 Certainly in our fine community and our wonderful 25 country of the United States, everybody has an Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 79 1 opinion and the right to speak it respectfully. 2 Thank you very much. 3 MS. ADAMS: 4 AUDIENCE MEMBER: 5 Roberta Avenue, Waukesha, Wisconsin. 6 like to thank the representatives of the Conference 7 of Great Lakes Governors and Premiers for visiting 8 Waukesha to discuss the scientific and technical 9 merits of the Waukesha application directly with the 10 11 Thank you for your comments. Joseph Piatt, 727 East First off I'd City. My name is Joe Piatt. I'm a resident of 12 the City, President of the Waukesha Water Utility 13 Commission, and an Associate Professor of Chemistry 14 and Environmental Science here at Carroll University. 15 I moved to Waukesha in 1998 and have closely watched 16 the development and approval of the Great Lakes 17 Compact, and, correspondingly, the development of the 18 Waukesha application for diversion and return of 19 Great Lakes water. 20 I speak today in support of the 21 application. 22 water source with return flow of the Root River is a 23 long-term and reliable solution to the water quality 24 and farming issues that Waukesha faces. 25 delivering potable water, I believe simpler is My assessment is that the Lake Michigan Gramann Reporting, Ltd. In terms of (800) 899-7222 2/18/2016 Public Hearing Page 80 1 better. 2 easy solution. 3 option is totally accountable and predictable from 4 both the quantity and quality perspective for the 5 flow west of Waukesha and return east to the Root 6 River. 7 Simpler should not be misconstrued as the Simpler means the Lake Michigan A multiple-well groundwater system 8 accessing deep or shallow aquifers requiring multiple 9 above ground advanced treatment systems is a much 10 more complex system in terms of engineering and water 11 chemistry control. 12 the deep aquifer is not sustainable and increased 13 reliance on the surface aquifers would impact 14 wetlands and streams and are more susceptible to 15 contamination. 16 Not to mention continuous use of The engineering simplicity of the Waukesha 17 application ensures a sustainable and accountable 18 system for many decades. 19 Lake Michigan option has very limited environmental 20 impacts, significantly less than an non-diversion 21 option. 22 less waste than the non-diversion options. 23 Even more importantly, the It is more energy efficient and produces This Lake Michigan solution is backed by 24 multiple scientific and technical studies, supported 25 by the regional water supply plan for Southeastern Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 81 1 Wisconsin, and has now been thoroughly vetted by the 2 Wisconsin DNR. 3 The Waukesha application is a result of 4 (indiscernible) and the Great Lakes Compact, a 5 valuable management tool for scienced-based 6 decision-making. 7 As a commissioner, resident, and 8 environmentalist, I was proud to be a part of the 9 2012 community-wide process to revise and improve the 10 City's water conservation plan based on national best 11 practices and standards from finding blocks grids, to 12 strengthening ordinances, toilet rebates, and 13 industrial cluster incentives all played a role in 14 mitigating demand and educating the public about 15 appropriate water use in measurable and enforceable 16 ways. 17 The City of Waukesha will continue to look 18 for innovative and creative ways to invest dollars 19 and engage residents and businesses in water 20 conservation. 21 Finally, the Waukesha applications is a 22 testament to regional planning and cooperation. 23 planning has been driven by the requirements of the 24 Compact. 25 predictable, and sustainable water source for the The Lake Michigan is the only reasonable, safe, Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 82 1 City of Waukesha. 2 of this proposal based on sound scientific and 3 planning principals. 4 MS. ADAMS: 5 AUDIENCE MEMBER: Thank you for your consideration Thank you for your comment. My name is Kevin Lahner. 6 I'm the City Administrator of the City of Waukesha. 7 And I'm here to support our application to borrow and 8 return water from Lake Michigan in accordance with 9 the Great Lakes Compact. It is my strong belief that 10 the City's application should be approved for four 11 primary reasons: 12 sustainability, long-term planning, and scientific 13 validity. 14 Public health, environmental The Lake Michigan option is the only option 15 which ensures a safe drinking water supply for our 16 residents now and into the future. 17 As you're all aware, the radium 18 contamination in our deep wells needs to be 19 addressed. 20 sustainable solution. 21 (indiscernible) by the recharge of our aquifer. 22 of the shallow wells over the long-term creates 23 issues with the salinity in the water supply. 24 Lake Michigan option is the safest option for 25 Waukesha families. Unfortunately, treatment is not a Gramann Reporting, Ltd. Our treatment solution ignores Use The The Lake Michigan is the most (800) 899-7222 2/18/2016 1 Public Hearing Page 83 environmentally sustainable solution. 2 Drawing water from Lake Michigan and 3 returning it after treatment at our state-of-the-art 4 treatment facility protects things like wetlands, 5 lakes, rivers, and streams that many of the other 6 options might harm. 7 Department of Natural Resources, our application can 8 be compared to taking a tablespoon of water out of an 9 Olympic-size swimming pool and putting it back a day As indicated by the Wisconsin 10 later. 11 improves a critical supply area for Great Lakes 12 (indiscernible). 13 The return flow is safe and clean and The Lake Michigan solution is the only 14 solution that fully fulfills the City's long-term 15 needs. 16 safe, more sustainable water supply for the future of 17 our community. 18 blended water options were all fully vetted by the 19 Department of Natural Resources, and they simply do 20 not meet our needs in a long-term planning 21 perspective. 22 All other alternatives would not provide a Treatment, alternative supplies, and Additionally, aggressive conservation is 23 not enough. 24 problem and a supply problem, not a use problem. 25 It is clear that we have a contamination If forced to utilize other alternatives, I Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 84 1 have grave fears that we will invest millions of 2 dollars on short-term fixes and band-aids rather than 3 a long-term solution. 4 Lastly, the Lake Michigan solution is fully 5 compliant with the Great Lakes Compact. 6 forward a (indiscernible) scientifically based 7 application. 8 years by the Department of Natural Resources. 9 great respect for the Department of Natural We have put It's been reviewed by more than five I have 10 Resources. 11 retired from there after a long career, and I 12 understand how seriously they take their jobs as 13 environmental stewards. 14 My mother and stepfather just recently The overwhelming evidence leads to only one 15 final conclusion, which is our application to borrow 16 and return Lake Michigan water meets the requirements 17 of the Great Lakes Compact. 18 works based on sound science, and I strongly urge you 19 to make this decision based upon the science. 20 21 Thank you very much for visiting our great city. I hope you enjoy your stay. 22 23 24 25 The Great Lakes Compact MS. ADAMS: Thank you very much for your comments. Before we get to the next speaker, I will call the next group: Gramann Reporting, Ltd. Stephen Scaffidi, Mike (800) 899-7222 2/18/2016 Public Hearing Page 85 1 Sullivan, Larry Nelson, Steven Ponto, and Paul 2 Decker, and Paul Farrow. 3 AUDIENCE MEMBER: Thank you, Mr. Chairman, 4 and council members for the opportunity to speak. 5 name is John Marek. 6 third Waukesha, the Town of Waukesha. 7 My I'm the town chairman for the I would like to take a few minutes to set 8 the record straight with response to misleading 9 information about what this proposal means to the 10 Town of Waukesha and our residents. 11 election, I specifically ran on the platform that the 12 Town of Waukesha should be included in the water 13 supply service area and was elected as a result. 14 When I ran for Shortly thereafter, before the town hall 15 meeting that was very quietly attended, about 300 16 town residents came out to that meeting. 17 lengthy discussion, the crowd was asked to stand if 18 they were in favor of the inclusion into the Waukesha 19 application water service area. 20 dozen people stood up. 21 people in the attendance agreed with being in the 22 water service area. 23 After a About all but a Roughly 97 percent of the Inclusion in the Great Lakes diversion will 24 not mean an immediate explosion of (indiscernible) 25 development for the Town of Waukesha. Gramann Reporting, Ltd. Rather, our (800) 899-7222 2/18/2016 Public Hearing Page 86 1 current land use plan of low density, mostly 3- to 2 20-acre parcels, will continue, and those parcels 3 utilize shallow aquifer wells and on-site septic 4 systems. 5 and/or sewer services from the City of Waukesha. 6 Approximately 150 residents in the Town of Waukesha 7 currently receive water and/or sewer service from the 8 City. 9 all of the Town of Waukesha has been in the sewer The town is not immune to obtaining water That includes our very own town hall. Nearly 10 service area for nearly thirty years, and residents 11 have connected to solve water quality issues. 12 The town hall is a primary example of this. 13 The town is not looking for water just to expand; 14 it's a public health issue. 15 simply sensible planning, just as it has been for 16 sewer services. 17 service areas (indiscernible). 18 Access to city water is It only makes sense that the two Waukesha's application states that there 19 are over 200 potential sources of contamination 20 within a mile radius of the existing shallow wells. 21 We already know there's contamination there. 22 availability of the centrally treated water supply 23 and sewer service is essentially to solve the water 24 quality problems in the Town of Waukesha. 25 The A few comments about the vocal opposition Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 87 1 that is stirring up the skeptic controversy. 2 suggestion of removing the Town of Waukesha from 3 service area is coming from a group of NGO's that do 4 not live in the Town of Waukesha, and their position 5 has always been anti-Waukesha, but it's not 6 representative of our community. 7 us in an attempt to get us to sign a letter of 8 opposition, which we refused. 9 The They've contacted In closing, the Town of Waukesha 10 unanimously supports inclusion into the City of 11 Waukesha service area, and the town board unanimously 12 supports the application for Great Lakes diversion 13 application, thank you. 14 MS. ADAMS: 15 AUDIENCE MEMBER: Thank you for your comment. My name is Steve 16 Scaffidi. 17 I'll keep my comments brief. 18 our Bender Park along the lake yesterday or the day 19 before. 20 I'm the mayor of the City of Oak Creek. I understand you toured So thanks for that visit. We are the City that is the preferred 21 provider of the water that Waukesha hopes to get from 22 this agreement if it happens. 23 water utility recognized as such. 24 issue is about two things. 25 water for the residents in Waukesha and the Gramann Reporting, Ltd. We have a first class And for me, this One is providing clean (800) 899-7222 2/18/2016 Public Hearing Page 88 1 surrounding area; but, two, it's also about regional 2 cooperation. 3 lakes understand -- they should understand how 4 important it is for all of our communities around the 5 lakes, and our friends from Canada, to have vibrant 6 cities. 7 I think the states that surround the This issue is important, not only for 8 Waukesha, but for all of us. 9 worked 25 years in the private sector before I ever I'm a process guy. I 10 became a mayor. 11 process, and I believe the folks in Waukesha, both 12 the mayor Shawn Riley, utility director Dan Duchniak, 13 and all the folks that have worked on this, went 14 through the steps the way they should have gone 15 through them. 16 I understand the importance of the They've gone every step of the way and done 17 what they were told to do in an expeditious manner, 18 they followed the rules, and now they finally are 19 looking for this final piece so that they may move 20 forward as a city. 21 came forward along time ago to say we would provide 22 that water. 23 communities, states, countries understand the 24 importance of doing these regionally, and I think 25 this is an example of that, and I encourage you for We support their efforts. We As a symbol of what can happen when Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing 1 supporting their application. 2 speak today. 3 MS. ADAMS: 4 AUDIENCE MEMBER: Page 89 Thanks for letting me Thanks for your comment. Good afternoon. My name 5 is Mike Sullivan. 6 Creek water and sewer utility, and I'm thankful for 7 the opportunity to provide input. 8 really appreciate it. 9 Waukesha application for the diversion for Great I'm the general manager of the Oak Like I said, I We want to support the 10 Lakes water. 11 using and returning Lake Michigan water is Waukesha's 12 only reasonable alternative. 13 We support the DNR's conclusion that Waukesha received letters of interest to 14 sell water from the City of Milwaukee and the City of 15 Racine and the City of Oak Creek. 16 Oak Creek ultimately led to the letter of intent 17 between the two communities. 18 regional cooperation. 19 providing -- Oak Creek would be provided with 20 additional revenues to help operate our utility. 21 rates for our existing customers could drop as low as 22 25 percent. 23 provided a long-term supply of safe, reliable, and 24 award-winning drinking water. 25 Negotiating with It is a good example of Oak Creek would be Our Waukesha, on the other hand, would be As a user of water from Lake Michigan, we Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 90 1 would not support a proposal that does not protect 2 the Great Lakes either on the supply side or on the 3 return side. 4 The return water and quality standards are 5 actually more strict than the discharge standards for 6 existing wastewater treatment plants discharging 7 directly to Lake Michigan today. 8 1000 feet from the Root River in the City of Oak 9 Creek, and I'm very concerned about what happens to I live less than 10 that river and the ecosystems around it the water 11 quality surrounding it. 12 Oak Creek stands willing to provide award-winning 13 drinking water to the Waukesha service area and 14 supports the application and the DNR's conclusions. 15 Thank you. I can tell you the City of 16 MS. ADAMS: 17 AUDIENCE MEMBER: Thank you for your comments. Hello, my name is Larry 18 Nelson, I live at 201 North Prairie Avenue, in 19 Waukesha. 20 City of Waukesha for the sixth district. 21 to 2010, I was the mayor of Waukesha, and from 2012 22 to the present, I am a Waukesha County Supervisor for 23 district 18. 24 today, and I wore a red shirt because I think it's a 25 red letter day in both the history of Waukesha as From 2000 to 2006 I was an alderman in the From 2006 So I've only been waiting 16 years for Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 91 1 well as the history of the Great Lakes Compact. 2 I would like to share a little history. 3 And When I became mayor of Waukesha in 2006, we 4 already had spent years looking at every possible 5 alternative, and believe me, if we could do it 6 cheaper, without the pipeline, without Great Lakes 7 water, we would have been happy to do it, but that 8 was not the case. 9 EPA to get an extension in 2006 to 2018. We negotiated with the DNR and the And at the 10 time, we thought 12 years, that's long time away, but 11 it's coming up real quick. 12 of $45,000 because we were already out of compliance. 13 And we also paid a fine Then I want to take you back to 2008. In 14 Wisconsin we had divided legislature, and myself and 15 the City of Waukesha lobbied both democrats and 16 republicans to pass the Compact, but for also to 17 provide a provision that allows a community like 18 Waukesha to get Great Lakes water. 19 We were successful, and I think it's kind 20 of a sad commentary that in the fall of 2008, 21 President Bush was for the Compact, Senators McCain 22 and Obama who were running for president agreed they 23 were in favor of the Compact. 24 bipartisan vote in the congress that it got almost no 25 media coverage even though it's got to be one of the Gramann Reporting, Ltd. It got such a huge (800) 899-7222 2/18/2016 Public Hearing Page 92 1 most important pieces of environmental legislation 2 ever. 3 to ask you to tell your governors to vote yes, 4 because it will show the Great Lakes Compact works. 5 99 percent of communities in the United States will 6 not be able to get Great Lakes water, but other 7 communities will have to follow this role model 8 application. 9 Prairie Home Cemetery to see Les Paul's grave, the 10 And that's frustrating to me because I'm going And besides dining in Waukesha, visit only one with the guitar on the headstone. 11 Thank you for coming. 12 MS. ADAMS: 13 AUDIENCE MEMBER: Thank you for your comment. Good afternoon. My name 14 is Steven Ponto. 15 Brookfield. 16 in support of the City of Waukesha's application for 17 Great Lakes water. 18 aware of the problems which Waukesha has been having 19 for some time. 20 with Waukesha's mayor and others that Waukesha has 21 done a thorough job of assessing their situation, 22 evaluating alternatives, and pursuing the best 23 solution in a very responsible manner. 24 25 I'm mayor of the City of I appreciate the opportunity to appear As a nearby municipality, I'm I know from discussing the matter I commend Mayor Shawn Riley, Waukesha water utility general manager Dan Duchniak, and all the Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 93 1 others involved in this effort. 2 very thorough application, supported by an 3 environmental impact statement based upon an 4 extensive 3,000-page analysis. 5 includes an examination of multiple alternatives and 6 utilizes regional studies of drinking water issues. 7 It outlines Waukesha's aggressive water conservation 8 program, and very responsibly and appropriately 9 provides for the return of all of the water borrowed. 10 They have prepared a The application The Wisconsin Department of Natural 11 Resources did a five-year review of this application 12 and subsequent memoranda and concluded that borrowing 13 and returning Lake Michigan water was Waukesha's only 14 reasonable water supply alternative. 15 application sets a high bar for the applications of 16 any other similarly situated communities in the 17 future. 18 This Extraneous issues and misleading 19 information has been raised by some opponents, 20 however, what stands out to me, is the importance of 21 relying on expert evaluation and good planning. 22 safe water supply is, of course, vital to 23 communities, as the daily stories in the news about 24 problems in Flint, Michigan and other municipalities 25 make clear. Gramann Reporting, Ltd. A (800) 899-7222 2/18/2016 1 Public Hearing Page 94 Waukesha is pursuing the only reasonable 2 alternative which protects both public health and the 3 environment for the long-term. 4 application complies with all the Compact 5 requirements, and approving this application will 6 reaffirm the Compact and underscore its legitimacy. 7 I urge the approval of Waukesha's application. 8 Thank you. 9 MS. ADAMS: 10 Waukesha's Thank you for your comment. AUDIENCE MEMBER: Good afternoon. My name 11 is Paul Decker. 12 Board of Supervisors which represents the entire 13 county. 14 we work in Waukesha County, if you wouldn't mind I 15 would like to bring up my colleague, the county 16 executive as well and we worked together on this, 17 because that's the way we work in Waukesha County. 18 19 20 I am chairman of the Waukesha County I represent 25 supervisors. MS. ADAMS: And in the way Is your intention that you're each going to take three minutes? AUDIENCE MEMBER: No, ma'am. We're going 21 to actually combine our testimony so we're within the 22 3-minute limit. 23 MS. ADAMS: 24 AUDIENCE MEMBER: 25 Waukesha county. Gramann Reporting, Ltd. Beautiful. Thank you. We want to welcome you to We want to thank you for listening (800) 899-7222 2/18/2016 Public Hearing Page 95 1 to this important testimony as we're moving forward. 2 We are here appearing before you to stress our strong 3 support for the City of Waukesha's application to 4 divert Lake Michigan water and return it to the Great 5 Lakes Water Compact, ensuring the long-term solution 6 of Waukesha's water needs. 7 In December of 2010, the Southeastern 8 Wisconsin Regional Planning Commission completed the 9 preparation of the Regional Water Supply Plan for 10 Southeastern Wisconsin, to create a sustainable water 11 supply. 12 committee of water plant experts from state and 13 federal agencies, academic and environmental 14 communities, concerned businesses, and industries 15 within the local and local governance 16 (indiscernible). 17 The plan (indiscernible) by an advisory This advisory committee unanimously 18 approved the plan. 19 the detailed research and adopted this water as a 20 refinement to our comprehensive development plan. 21 Waukesha County contributed to The regional water supply plan as it 22 relates to Waukesha County contains a series of key 23 elements. 24 heard already in testimony. 25 We're going to go over a couple you've The key recommendation of the water supply Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 96 1 plan supported by Waukesha County is a creation of a 2 sustainable water supply system, which includes City 3 of Waukesha's water utilities conversion from its 4 current source to Lake Michigan with the provision of 5 a return flowback to the lake. 6 the City allows for many of the other existing water 7 utilities that are straddling the county to remain on 8 groundwater supply as a sustainable water source. 9 This conversion by The second recommendation states the county 10 should continue to plan low density development in 11 non-sewer service areas, particularly in the western 12 half of the County, to preserve infiltration of 13 rainfall and snow melt for regional groundwater 14 recharge. 15 adopted comprehensive development plan we have in the 16 County. 17 This recommendation is a foundation of the Waukesha County, in cooperation with the 18 City of Waukesha, then formed the Waukesha County 19 Water Conservation Coalition to prepare and implement 20 a water conservation public education strategy, and 21 successfully implemented the water conservation 22 program recommended in the Regional Water Supply 23 Plan. 24 regional water supply plan as a commitment to 25 implement a sustainable water supply system in The Waukesha County board, then adopted the Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 97 1 Southeastern Wisconsin. 2 of Waukesha to Lake Michigan source of water and the 3 return flow was grounded in years of scientific 4 study. 5 your governors to support this application. 6 you very much. The conversion by the City So we urge your support and the support of 7 MS. ADAMS: Thank Thank you for your comments. 8 So we have the next five speakers and in this order: 9 Todd Ames, Marc Smith, Elizabeth Moran, Elizabeth 10 Wheeler, Karen Hobbs. 11 AUDIENCE MEMBER: 12 Ames. 13 Wisconsin. 14 Good afternoon. I'm Todd I live at 2538 Commonwealth Avenue in Madison, I'm here today just testifying on my 15 behalf, but I do bring with me some extensive 16 background of the Compact as having served as one of 17 the leading negotiators for it. 18 Wisconsin DNR as a water diversion administrator. 19 I was working for I've got some more extensive written 20 comments that I will be submitting to you all, but I 21 wanted to zero in on one particular concept in my 22 oral comments. 23 the extended sewer service area and concerns relative 24 to that, the only reason Waukesha is here, the only 25 reason they get to ask for an exception from the ban Gramann Reporting, Ltd. And that is that this whole issue of (800) 899-7222 2/18/2016 Public Hearing Page 98 1 on diversions is because they do not have potable 2 drinking water in their existing water supply area. 3 That's the question that should be looked 4 at under the Compact terms, and it's the question 5 that should be looked at in their application. 6 Whatever the interpretation of the Wisconsin statute, 7 which I think is incorrect, that's the question that 8 we're trying to answer. 9 trying to fix here. That's the problem we're So the application has to look 10 at what it would take to get potable compliant water 11 to the existing customers that are not getting 12 compliant water. 13 Because of the way the application is put 14 together and the sewer survey interpretation, you 15 never get to that question. 16 Ms. Pfeiffer attempted to at least begin to address 17 that question in her slide that she providing today, 18 but that needs to be in the application and looked 19 at. 20 I appreciate that One of the reasons you clearly can look at 21 it that way, and look at that limited scope, the 22 obvious example is New Berlin. 23 approved as a straddling community that could get 24 water under the Great Lakes Compact in May of 2009, 25 six months after Wisconsin statute was passed. Gramann Reporting, Ltd. New Berlin was New (800) 899-7222 2/18/2016 Public Hearing Page 99 1 Berlin application not only just addressed their 2 existing water supply area, it specified that they 3 would only provide this Lake Michigan water to the 4 central portion of the City. 5 number, specified the number of new dwellings that 6 can get that water. 7 application doesn't come fly with the Compact or the 8 Waukesha application doesn't. 9 ways. 10 They, in fact, by So either the New Berlin You can't have it both So I think we've got a -- we need to go 11 back. 12 takes to provide compliant water to the existing 13 customers, and then make a determination/decision 14 based on that. 15 We need to look at that question, what it Thank you very much for your time and 16 opportunity to testify. 17 the decision, this is -- all of this is an effort 18 that we've gone through, I think is proof that the 19 Compact works. I will say that, whatever 20 MS. ADAMS: 21 AUDIENCE MEMBER: Thank you for your comment. Good afternoon, I'm Marc 22 Smith I'm the policy director with Great Lakes office 23 of National Water Federation. 24 for hosting this meeting and allowing the public and 25 the Great Lakes -Gramann Reporting, Ltd. I want to thank you (800) 899-7222 2/18/2016 1 Public Hearing 2 MS. ADAMS: Can we get your address, please. 3 4 Page 100 AUDIENCE MEMBER: My address. Sure. 412 West (indiscernible), Ann Arbor, Michigan. 5 The Great Lakes are a value to all of us. 6 They provide cultural and economic identity. 7 are part of our lives and help define who we are as a 8 region, and thus they must be protected. 9 Lakes Compact was designed and (indiscernible) to do 10 11 just that: They The Great Protect our Great Lakes. And the heart and the soul of the Great 12 Lakes Compact is the ban on diversions. 13 the Compact's exception standard can a community 14 apply for a diversion. 15 community applying for a diversion must demonstrate a 16 need for water and demonstrate that there is no 17 reasonable alternative to obtain water. 18 in my opinion, diversions under the Compact are a 19 last resort. 20 Only under The Compact says that a In essence, As this is the first diversion application 21 since the Compact passed in 2008. 22 writing history. 23 represents a proving ground for the Compact, 24 establishing it's effectiveness and serving as a 25 precedent for subsequent diversion applications. Gramann Reporting, Ltd. Today we are This process and application (800) 899-7222 2/18/2016 1 Public Hearing Page 101 Thus, we have to get this right. 2 This is not about saying (indiscernible) to 3 a town, rather it's about following the Compact's 4 statements that you all, the states and provinces 5 agreed to. 6 number one, does not justify why Waukesha needs so 7 much more water than it is currently using, 6 million 8 gallons on average to the maximum capacity and the 9 request at 16. We're concerned that this application, That is quite a jump and is not 10 consistent with the demand forecast and historic 11 trends that show water usage in the region is on the 12 decline. 13 Number two, the application does not 14 consider all reasonable terms to provide water to its 15 residents. 16 obvious alternative, if not reasonable. 17 reasonable, because almost 40 other towns in 18 southeastern Wisconsin, (indiscernible) across the 19 country, have chosen to do this as a way to provide 20 water to their communities. 21 unique that it can't do the same? 22 For example, treating. That seems the Obvious and What makes Waukesha so Number three, this will divert water 23 (indiscernible) to communities that do not need it, 24 nor do they have plans to hook up now or in the 25 future. Diverting Great Lakes water to towns that Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 102 1 have not illustrated a need, this is clearly not 2 consistent with the exception standard in the 3 Compact. 4 And number four, the return flow plan to 5 discharge treated water to Racine, a community that, 6 as you heard earlier does not want this, nor had any 7 say in this decision. 8 9 These concerns raise many questions about this application and (indiscernible) exception 10 standards in the Compact. 11 and many in this room at this table have spent years, 12 spent many long hours in windowless conference 13 debating these standards. 14 those standards are now met and applied to this 15 diversion proposal. 16 The states and provinces Now is the time to ensure Given these concerns, we feel this 17 application falls well short of the Compact 18 requirements, and we respectfully request that the 19 Compact Council deny this application. 20 MS. ADAMS: 21 AUDIENCE MEMBER: Thank you. Thank you for your comments. My name is Elizabeth 22 Wheeler. 23 Wisconsin. I'm a senior staff attorney with Clean 24 Wisconsin. Our mission is to protect and preserve 25 Wisconsin's clean air while maintaining our natural 6004 Ridgewood Avenue, Menomonie, Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 103 1 heritage. 2 today on behalf of over 40,000 members and supporters 3 statewide. 4 implementation coalition and I believe other members 5 of that coalition today have comments. 6 Thank you for the opportunity to appear We are also a member of the Compact A historic draught in California, failing 7 infrastructure in Michigan, and excess runoff 8 pollution in Ohio have left too many Americans 9 without clean, safe, and reliable drinking water. 10 The case is no different in Wisconsin where 11 groundwater contamination in its private drinking 12 water supply (indiscernible) county and decades of 13 unsustainable resource management have drawn down the 14 aquifer underneath Waukesha. 15 However, the Great Lakes cannot solve all 16 of these problems. 17 solved with local and sustainable solutions for sound 18 resource management means that we have enough to meet 19 our needs without piping in water from alternate 20 basins. 21 resolve this drinking water contamination with a 22 local solution. 23 conservation, it can treat for radium as 40 other 24 communities in Wisconsin have done, and it can build 25 local infrastructure that will supply its reasonable These problems need to and can be Let there be no mistake, Waukesha can Gramann Reporting, Ltd. It can reduce consumption through (800) 899-7222 2/18/2016 1 2 Public Hearing Page 104 needs for the foreseeable future. The preservation of the Great Lakes and 3 Great Lakes Compact turns on the question you will 4 decide in the context of Waukesha's application. 5 a community define itself so broadly so as to 6 encompass other communities for the purpose of 7 obtaining Great Lakes water in the Compact? 8 answer is, quite simply, no. Can The 9 Waukesha's application (indiscernible) 10 requests from four other communities surrounding 11 Waukesha to receive Great Lakes water, even though 12 they do not show the need or (indiscernible) 13 requirements for the Compact. 14 Wisconsin justifies this by completing the 15 phrase work (indiscernible) in the Compact with the 16 concept of a water supply service area plan found 17 only in Wisconsin law. 18 is improper because Wisconsin law states that only a 19 city, town, or village can quality for a diversion of 20 Great Lakes water, and federal law does not recognize 21 the water supply service area plan as the equivalent 22 of these political subdivisions. 23 However, this justification With or without the inclusion of these 24 additional communities, Milwaukee's application is 25 unapprovable under the Compact. Gramann Reporting, Ltd. With them, the (800) 899-7222 2/18/2016 Public Hearing Page 105 1 application illegally includes communities that do 2 not meet the requirements of the Compact, and without 3 them, Waukesha does not need the diversion. 4 The decision that's currently before you 5 will have unmatched precedential effects as 6 communities across the eight-state Great Lakes region 7 are watching these deliberations to determine whether 8 their community might qualify next for access to the 9 world's largest fresh water resource. The 10 deliberations must be thorough. 11 scrutinize the record with the intent and legal 12 requirements of the Compact firmly in mind and the 13 record of decision in this proceeding shows that 14 Waukesha is not (indiscernible). 15 urge you to deny the request. You must thoroughly We respectfully Thank you. 16 MS. ADAMS: 17 Before you begin, let me queue up the next Thank you for your comments. 18 group. 19 Strazzinski, Karen (indiscernible), Jodi Habush 20 Sinykin. 21 Anthony Herrmann, Cheryl Nenn, Dennis AUDIENCE MEMBER: Thank you. My name is 22 Karen Hobbs. 23 Chicago, Illinois. 24 policy for the midwest program of the Natural 25 Resources Defense Council or NRDC. I live at 2428 North Francisco Avenue, Gramann Reporting, Ltd. I'm the deputy director for NRDC is an (800) 899-7222 2/18/2016 Public Hearing Page 106 1 international non-profit organization. 2 than 2.4 million members and activists and more than 3 2,000 -- or 200,000 of those members and activists 4 live here in the Great Lakes Basin. 5 With more I'd like to begin by responding to a point 6 that Shaili Pfeiffer made earlier that a water 7 conservation plan should be ongoing. 8 completely agree with that. 9 should change over time, it should learn, it should And I would A good conservation plan 10 adapt. 11 has done. 12 measures -- shower heads and prerinse spray valve 13 replacements are just two examples -- and simply not 14 implementing them despite having the resources to do 15 so. 16 But I would argue that's not what Waukesha They have identified cost effective The measures that have had the greatest 17 success rate have been mandatory measures that were 18 introduced in 2006 and 2007. 19 measures have been introduced since that time, 20 despite the clear evidence to their effectiveness. 21 Instead Waukesha has largely relied on voluntary 22 measures and education. 23 (indiscernible) to be sure, they're not signs of a 24 robust and dynamic plan. 25 But no mandatory And while both of those are Waukesha's conservation goal represents Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 107 1 roughly one quarter of 1 percent in additional annual 2 water savings for one year. 3 savings are insubstantial and they fail to 4 incorporate the reality of the local and national 5 declining water use trends. 6 These presumptive Since 1999, Waukesha has seen a general 7 decline in water use, which is consistent with the 8 national trends. 9 the America Water Works Association reported a A recent study in the journal of 10 significant nationwide decline in residential water 11 use over the last 30 years. 12 solution of water efficient new appliances and 13 fixtures, as a predominant factor explaining this 14 decrease. 15 years if not decades to come. 16 The study identified the And this trend is likely to continue for Waukesha's conservation rules also 17 significantly underestimate potential savings when 18 compared to other cities and towns. 19 looked at the water conservation efforts of 17 water 20 suppliers ranging in size from small to very large. 21 These communities not only reduce water consumption 22 14 to 30 percent on average, but also reduced the 23 costs to the residents and to the businesses. 24 25 Just one example: The US EPA The Massachusetts Water Resources Authority, through conservation measures Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 108 1 alone, was able to defer a water supply expansion 2 project and reduce the capacity of a treatment plant. 3 The results in total savings range from 1.39 million 4 to 1.91 million per million gallons of water pumped 5 and treated per day. 6 Waukesha's application fails to show that 7 either the current or projected for itself and the 8 surrounding communities include the conservation 9 measurements required by the Compact and Wisconsin 10 law. 11 Waukesha's 24 water conservation plan fails 12 to include preventative measures to reduce demand, to 13 incorporate (indiscernible) trends in its 14 conservation goals, is too reliant on volunteer and 15 educational measures, and has a minimal 16 (indiscernible) program goal. 17 In short, I would encourage you to work 18 with your governors to veto this application. 19 you. 20 AUDIENCE MEMBER: Thank My name is Anthony 21 Herrmann, 3430 Michigan Boulevard, Racine, Wisconsin. 22 I'm an M.D. 23 Safety and Environmental Affairs for Johnson & 24 Johnson Corporation Worldwide. 25 every continent in every location and population in I have been the Vice President of Health Gramann Reporting, Ltd. We have operations in (800) 899-7222 2/18/2016 1 Public Hearing Page 109 the world. 2 In 1987, when we took on the issue of the 3 environment, the principle of all the mothers who 4 walked down the aisle and shopped at drugstores and 5 grocery stores around the world, what would their of 6 expectation be of Johnson & Johnson in terms of 7 environmental criteria? 8 was best available technology. 9 important consideration, because those of you who are And we chose one. And that I think that's a very 10 here today did not hear what I heard yesterday; that 11 the Compact does not have a definition of what is a 12 reasonable alternate source. 13 Because if you go to alternate source and they cost, 14 your basic principle. 15 a door, and all of the unattended consequences of 16 making a cost decision rather than best available 17 technology gets you into a lot of trouble. 18 Very important words. Then all of a sudden you open I want to concur with our mayor and our 19 representative on the Great Lakes Council, 20 Representative Mason, that we should ask you to 21 object to this application. 22 take a look in big terms at Russia, the Aral Sea, the 23 second biggest fresh water source of water in the 24 world. 25 bed with potato farming that had no program for All you have to do is In forty years, was taken down to a dry lake Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 110 1 recycling, which you've heard from the gentleman who 2 runs the water authority, that that has been set 3 aside. 4 You just have to really come to grips with 5 the issue of what you consider to be the basic 6 definitions. 7 Wisconsin is -- means a water supply alternative that 8 is similar in cost to, but that does not exist as per 9 the questions of all the other Compact members The definition of the State of 10 yesterday. 11 think I would recommend you reject Wisconsin's 12 definition, and I stand with an objection to the 13 approval. For the other members of the Compact, I Thank you very much. 14 MS. ADAMS: 15 AUDIENCE MEMBER: Thank you for your comments. Hi. My name is Cheryl 16 Nenn, and I live at 1845 North Farwell, Milwaukee, 17 Wisconsin. 18 Riverkeeper, and we're also a member of the Wisconsin 19 Compact Implementation Coalition. 20 opportunity to comment on this precedent-setting 21 diversion, and thank you for the opportunity. 22 I'm here today on behalf of Milwaukee We appreciate the The Great Lakes Compact was enacted in 23 2008, as we all know, (indiscernible) Great Lakes 24 water in the rivers. 25 for water diversion, with the intent that Great Lakes Gramann Reporting, Ltd. There are limited exceptions (800) 899-7222 2/18/2016 Public Hearing Page 111 1 water is to be used only if there is no reasonable 2 water alternative, which I also contend is -- you 3 know, the last resort. 4 concerned with several areas surrounding the 5 application, I want to talk today mostly about return 6 flow concerns. While Riverkeepers is 7 So the Great Lakes Compact requires, should 8 you grant an exception to the ban on diversions, that 9 Waukesha has to return all the water it draws to the 10 watershed, less an allowance for consumptive use, but 11 that it treats all surface water and groundwater to 12 applicable water quality standards and that protects 13 and sustains that physical, chemical, and biological 14 integrity of the receiving water that being 15 discharged too. 16 Although Waukesha will return almost all 17 the water that it diverts back to the lake, that 18 tablespoon everybody thinks sounds cool when we're 19 talking about it, it still imposes significant 20 environmental impacts to the Root River. 21 own EIS concludes that pollutants in the treated 22 release water will negatively impact the chemical and 23 biological integrity of the Root River. 24 technical review of the EIS are largely based on 25 (indiscernible), recommended approaches, and ranges Gramann Reporting, Ltd. The DNR's The (800) 899-7222 2/18/2016 1 Public Hearing Page 112 of permit limits for certain pollutants. 2 Without going through the permitting 3 process and knowing (indiscernible), DNR cannot 4 reasonably evaluate right now the environmental 5 impact of this return flow to the Root River, nor can 6 it determine whether this proposal meets the Compact. 7 We know that Waukesha's working on several plans to 8 try to meets its existing standards. 9 having problems maintaining phosphorus, chloride, and It is currently 10 temperature at the existing plant, but it is left to 11 the imagination how they're going to meet the more 12 stringent standards for the Root River which is 13 impaired. 14 The City of Waukesha has already called 15 into question whether they would be considered a new 16 discharger to the Root River, and DNR hasn't even 17 addressed this issue. 18 the draft (indiscernible) limits as well as 19 requirements laid out in the EIS and technical review 20 require that return flow must be (indiscernible) 21 Clean Water Act. 22 that this is a new discharge to an impaired waterway. This is important as many of And that's all premised on the fact 23 As a result, Waukesha must meet the permit 24 limits on day one of the discharge, but it's unclear 25 whether this is even possible. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Gosh. Page 113 Because the Root River is already 2 impaired from phosphorus, legally there is supposed 3 to be no new or increased discharges. 4 it's also already impaired for sediment. 5 though there are limits that were provided for summer 6 and winter months, it's unclear whether those limits 7 are even protective of aquatic life. 8 concerned that during overflow periods this will be 9 an (indiscernible) stream and it could pose a serious 10 Similarly, And even We're very risk for recreational use and public health. 11 MS. ADAMS: 12 AUDIENCE MEMBER: Your time is up. Thank you. In conclusion 13 we would just ask that you reject this proposal. 14 Thank you. 15 MS. ADAMS: 16 AUDIENCE MEMBER: Thank you for your comments. Good afternoon, my name 17 is Karen (indiscernible). 18 for the American Civil Liberties of Wisconsin. 19 American Civil Liberties Union, Wisconsin Foundation, 20 207 East Buffalo, Milwaukee, Wisconsin, and we are 21 here to object to the diversion as a matter of racial 22 and environmental justice. 23 I am senior staff attorney You may not be aware from the limited tour 24 you've taken, that this region, the Milwaukee metro 25 region, has by far the worst racial segregation in Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 114 1 the United States for African Americans, by far the 2 lowest African American suburbanization in the 3 country, and it is among the worst for the Latinos. 4 Despite claims that the City of Waukesha is 5 diverse, it is 86 percent white non-Hispanic as of 6 the 2010 census. 7 seeking to include in their expanded service area are 8 something like 95 percent or more white. 9 And the communities that they are Meanwhile, Milwaukee County which borders 10 this, is about 54 percent white non-Hispanic. 11 context here, and despite claims of regional 12 cooperation, you cannot get from the City of Waukesha 13 to the (indiscernible) or more importantly those 14 persons cannot directly get from their communities to 15 jobs out here. 16 City of Waukesha also sought to increase the 17 percentage of single family housing and reduce the 18 percentage of multi-family housing that is being 19 developed here. 20 That's And in its comprehensive plan, the So I think that's important. This is also not (indiscernible). It is 21 one thing if they were talking about trying to 22 provide safe water for their own people. 23 what this is about. 24 of a service area, and a vast expansion of water 25 usage. That's not This is about the vast expansion It's an effort to increase residential Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 115 1 population. 2 use in the City and wipe most of the remaining 3 farmland. 4 residents as it has in the past, as well as to 5 downstream residents and to the (indiscernible) City 6 of Racine on the Root River. They are planning to double industrial 7 This will come at a cost to Milwaukee You may hear claims that a socioeconomic 8 impact study shows no racial impact, but the 9 professor in charge of that study -- and written 10 materials will be provided you -- made it clear that 11 that conclusion was reached because they were told by 12 planners that Waukesha had the ability to grow as it 13 wanted with or without a Lake Michigan diversion. 14 that is true, then there is -- the application 15 clearly does not comply with the Compact and not must 16 be denied. 17 If And if Waukesha can't just expand and 18 sprawl as it wants without the diversion, then it 19 just reaffirms our concerns about racial and economic 20 injustice, and we urge that the application also be 21 denied. 22 MS. ADAMS: 23 AUDIENCE MEMBER: Thank you for your comments. Good afternoon. My name 24 is Dennis Strazzinski. 25 1845 North Farwell Avenue in the City of Milwaukee. Gramann Reporting, Ltd. My law office is located at (800) 899-7222 2/18/2016 1 2 Public Hearing Page 116 Zip code 53202. With the previous speaker, Karen 3 (indiscernible) from the ACLU, I have prepared and 4 submitted comments, very extensive written comments 5 in response to the draft EIS on behalf of a number of 6 organizations: 7 Allied for Hope; the Sierra Club Great Waters Group, 8 John Muir chapter; and the Milwaukee branch of the 9 NAACP, as well as (indiscernible) and myself. 10 Milwaukee Inner City Congregations Those comments address in great detail, 11 very thoroughly documented, the racial and 12 socioeconomic concerns and issues and problems with 13 this application. 14 written comments along with short summary, written 15 comments to this body today. 16 17 18 We are submitting a copy of those We urge you to carefully consider. I will make only a few oral points here. Our previous comments demonstrated the 19 purported need of Waukesha for Lake Michigan water is 20 driven, not by a claimed health crisis but by the 21 City's plans for unrestrained growth. 22 some of that from Ms. (indiscernible) just now. 23 is not an application by a community for water to 24 serve its reasonable needs. 25 community for water to serve five communities, three Gramann Reporting, Ltd. You've heard This It's an application by a (800) 899-7222 2/18/2016 Public Hearing Page 117 1 of which don't appear to have any kind of need, and 2 only one community, Waukesha itself, which is doing 3 any conservation. 4 That doesn't sound like a Compact. We agree with the Tom Barrett, Tom Ames, 5 and Elizabeth Wheeler regarding the Compact's 6 definition of community and what an application is 7 designed or ought to be designed to serve. 8 a glaring problem here. It's just 9 We agree with the comments of Corey Mason 10 and Racine Mayor Dickert from another older diverse 11 industrial city on the lake regarding the adverse 12 impacts of this proposal on that community. 13 has a vastly water expanded service area and vastly 14 increased water draw and increase will simply 15 facilitate greater industrial, residential 16 development leading to added job (indiscernible) 17 degradation and residential white flight out of 18 Milwaukee. 19 Waukesha I will simply note that Waukesha's current 20 per capita daily water use is already extremely high. 21 And now they want to use 50 percent more daily than 22 they're using. 23 appreciate the consideration. Thank you for your attention and 24 MS. ADAMS: 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. Thank you for your comments. Good afternoon. I'm Jodi (800) 899-7222 2/18/2016 Public Hearing Page 118 1 Habush Sinykin and I'm an attorney with Midwest 2 Environmental Advocates, and a long-standing member 3 of the Compact Communication Coalition. 4 with other coalition members, I've been closely 5 tracking the Great Lakes Compact for over ten years, 6 from the Compact's pre-enactment days of government 7 workers and legislative study committees on 8 Waukesha's numerous application iterations and state 9 review. 10 Together Today is a momentous day in its own right 11 as this hearing marks the first regional test of the 12 Compact's ban on diversions, a first of its kind 13 review that will undeniably determine the legacy of 14 the Great Lakes Compact and the future of our 15 region's most important natural resource. 16 to call your attention to critical shortfalls within 17 Waukesha's application, that if not remedied, will 18 undermine more provisions of the Compact. 19 I'm here The most glaring shortcoming of Waukesha's 20 diversion application is one I suspect you may have 21 already identified as the Achilles heel of the 22 application. 23 expanded water supply service area as the predicate 24 for both the water demand estimates and water supply 25 alternatives determination. That is Waukesha's reliance on an Gramann Reporting, Ltd. By nearly doubling the (800) 899-7222 2/18/2016 Public Hearing Page 119 1 size of the service area, Waukesha has come up with 2 elevated future water demands and used these inflated 3 estimates to inform DNR's modeling. 4 But legally speaking, Waukesha's reliance 5 on the expanded service area has created a shaky 6 house of cards that places Waukesha's entire 7 diversion application in jeopardy. 8 the households in portions of neighboring communities 9 making up the expanded service area do not and cannot This is because 10 demonstrate compliance with at least two key Compact 11 criteria. 12 One, there has been no demonstration of 13 inadequate supplies of potable water throughout the 14 expanded area. 15 of water conservation accomplished. 16 And, two, there has been no showing Once more, it is curious that Waukesha has 17 refused to even consider basing its future projects 18 on the City of Waukesha's current water supply 19 service area, a service area which independent 20 scientists and engineer experts alike, if concluded, 21 can supply Waukesha with a viable, long-term supply 22 for its residents with no need for any diversion. 23 Instead, Waukesha's continues to insist 24 that its proposed expanded water service area is 25 mandated by a Wisconsin state planning law, although Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 120 1 state law is superceded by federal laws. 2 stated, the Compact's no reasonable water supply 3 alternative will trump Wisconsin's planning 4 provision. 5 Simply In short, there is no getting around the 6 fact that Waukesha's overreaching and implausible 7 water supply service area makes Waukesha's proposal 8 one that meets neither the word nor the spirit of the 9 Great Lakes Compact. 10 For this reason I respectfully request that Waukesha's application be denied. 11 MS. ADAMS: Thank you for your comments. 12 Okay. 13 estimate that we have at least 75 other folks who 14 indicated they wish to comment. 15 suggest that we take a five-minute break 16 (indiscernible) and give me people a chance to 17 stretch and make a quick rest spot. 18 go for about another 75 minutes. We are 29 commenters into this process. I At this point I And then we will 19 (Break taken from 4:43 p.m. to 4:55 p.m.) 20 MS. ADAMS: So here is the plan, we are 21 back on the record at five minutes to five. 22 original plan was that we would proceed with public 23 comment until 6:00 and then allow a thirty minute 24 dinner break, and I think that's still the plan, but 25 I think we can see that we've got several hours more Gramann Reporting, Ltd. Our (800) 899-7222 2/18/2016 1 2 Public Hearing Page 121 of testimony after dinner. So we will proceed as expeditiously as we 3 can, and get a number of folks into the record in the 4 next hour, and then we will take a short dinner break 5 for thirty minutes and then come back and continue 6 with our work. 7 So I'm going to ask the following folks to 8 come forward as the next group of speakers: 9 Perry, Molly Flanagan, Simon Belisle, Brian Running, 10 11 12 13 and James Parra. Aaron Those will be our next five. Sir, since you're the first one, whoever you are, we'll take you next. AUDIENCE MEMBER: Great, thank you. 14 appreciate the opportunity to testify today in 15 support of Waukesha's application. 16 MS. ADAMS: 17 AUDIENCE MEMBER: 18 I Your name and address, please. Aaron Perry, 912 Valley Hill Drive. 19 MS. ADAMS: 20 AUDIENCE MEMBER: Thank you. Like I said, I appreciate 21 the opportunity to come and testify in support of 22 Waukesha's application to borrow and then return 23 Great Lakes water. 24 Aaron Perry. 25 with the Waukesha's Common Council. I'd like to mention my name is I'm the alderman of district 12. Gramann Reporting, Ltd. I'm I represent and (800) 899-7222 2/18/2016 Public Hearing Page 122 1 speak for approximately 5,000 people in the City of 2 Waukesha. 3 A little history on the background of my 4 knowledge of this issue, my wife and I moved to 5 Wisconsin in 2007 from Minnesota. 6 nearby suburb for two years while we researched and 7 chose a place to buy a home and start a family. 8 2009 we chose Waukesha. 9 since then, ages 4, 3 and 1. 10 We lived in a In We've had three children And prior to choosing Waukesha, I was aware 11 of the Great Lakes Compact, the law that was passed 12 in 2008, and my research on the work that had been 13 done to that point, we were very confident in moving 14 to Waukesha and their qualifications for their 15 application. 16 I became an Alderman in 2013, and got to 17 know this issue much more intimately than I did 18 previously, and my confidence only grew. 19 that have worked on this application, the leadership 20 behind it and the qualifications of this service 21 area, truly do meet the issue of the Compact. 22 The folks And certainly a lot of opinions already 23 spoken about today, it's my advantage of going 30th 24 is I get to hear a lot of the prior comments, but I 25 want to speak on one fact is that we do have an Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 123 1 opportunity here to set a precedent. 2 biggest issues that people have that may be outside 3 the area that aren't as knowledgeable on it, that 4 they fear that this could set the precedent that 5 water can go anywhere else in the country, which, in 6 fact, it's actually the complete opposite. 7 One of the We have that opportunity to set the 8 precedent that the Compact works, that it will stay 9 in the places where it's intended to go. And that's 10 important, people. 11 that we can take an issue and look at facts and 12 science and then apply a solution to it, you know, in 13 a very volatile political world where we have a 14 boxing ring and partisanship, when we have an issue 15 that needs a solution, instead running to corners we 16 can stay in the middle and actually come up with a 17 solution that makes sense. 18 in. 19 that. It also sets a precedent, though, That's what I'm confident That the City of Waukesha has absolutely done 20 Thank you very much for the opportunity to 21 come and speak. 22 necessarily from Waukesha, but I wanted you to look 23 into the eyes of one who is going to drink this 24 water, pay for this water, and represents many others 25 that do. A lot of people are here who aren't Thank you. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing 1 MS. ADAMS: 2 AUDIENCE MEMBER: Page 124 Thank you for your comments. Good afternoon. My name 3 is Molly Flanagan. 4 Alliance for the Great Lakes. 5 150 North Michigan Avenue, Suite 700, Chicago, 6 Illinois, 60601. 7 I'm vice president of policy, the We're headquartered at The Alliance has been protecting the Great 8 Lakes for more than 40 years and has thousands of 9 volunteers and supporters across the region including 10 here in Wisconsin and in your states. 11 is an official member of the Great Lakes Regional 12 Body Advisory Committee, a role that we take very 13 seriously. 14 the terms of the Great Lakes Compact and Agreement 15 which I will refer to as "agreements" in this 16 testimony. The Alliance I was personally involved in negotiating 17 I worked alongside many others to ensure 18 its adoption in each of the Great Lakes states and 19 its support in Congress. 20 many of the ins and outs of those negotiations, and 21 what was intended as your states signed on to these 22 important agreements. 23 Therefore, I understand Perhaps the primary goal of the agreement 24 is to prohibit diversions of water outside of the 25 Great Lakes Basin. Gramann Reporting, Ltd. Exceptions to this prohibition (800) 899-7222 2/18/2016 Public Hearing Page 125 1 were written into these documents to potentially 2 allow communities that live near the Great Lakes 3 Basin to tap Great Lakes water as a source of 4 drinking water when they have no other options. 5 I bring this up because the Alliance 6 supports the agreements, and so we are not 7 automatically opposed to all diversions of water out 8 of the Great Lakes. 9 requests that fall under the agreements' exceptions We believe that diversion 10 standards warrant careful consideration. 11 also meet stringent requirements set forth in the 12 agreements. 13 They must Waukesha, Wisconsin is the first community 14 to attempt to secure a diversion of Great Lakes water 15 under the straddling county exception in the 16 agreements. 17 precedent setting and demands a strict adherence to 18 requirements of the agreements. 19 careful look at Waukesha's diversion application, and 20 we feel that, as written, it fails to meet the 21 requirements so carefully constructed in the 22 agreements to protect the Great Lakes. Because it is first, it is also We have taken a 23 Because we are talking about drinking water 24 for a community so close to the Great Lakes, I do not 25 say this lightly. Gramann Reporting, Ltd. Waukesha may be able to meet the (800) 899-7222 2/18/2016 Public Hearing Page 126 1 requirements of the agreements, but it has not done 2 so to date. 3 entered the Great Lakes agreements to protect and 4 preserve the water of the lakes, a precious and 5 irreplaceable resource. 6 The Great Lakes states and provinces You are likely to hear many of the 7 solutions come up again and again in testimony today 8 as people raise similar concerns with this diversion 9 proposal. I hope you will take these concerns 10 seriously and carefully examine for yourselves 11 whether you are confident that Waukesha has met the 12 requirements. 13 Put simply, the City of Waukesha does not 14 justify why it needs so much more water than it's 15 currently using, does not consider alternatives to 16 provide potable water for its residents, and proposes 17 to divert Great Lakes water to communities that do 18 not need Lake Michigan water and haven't yet 19 requested it. 20 For these reasons, Waukesha's diversion 21 application fails to meet the requirements of the 22 agreement. 23 comments before the comment deadline. 24 your consideration. 25 We will provide more detailed written MS. ADAMS: Gramann Reporting, Ltd. Thank you for Thank you for your comments. (800) 899-7222 2/18/2016 1 Public Hearing AUDIENCE MEMBER: Page 127 Good afternoon. I'm 2 Brian Running, 312 East College Avenue, Waukesha. 3 am Waukesha's City Attorney, however, I'm going to 4 speak here today as a private citizen of Waukesha. 5 And the reason I decided to do that is because I know 6 that I can't add anything technical. 7 understand it much better than I do, and I could not 8 add anything to that discussion, but one thing I 9 would like to address is the large amount of I Y'all 10 misinformation that's being bandied about here, and 11 out there in the press. 12 We have heard some of that here today. 13 prime example is the argument that if Waukesha's 14 application is granted, that somehow this will break 15 the Compact and this will open the floodgates of 16 Great Lakes water to go out to western states. 17 Obviously, not true, (indiscernible) the Compact. 18 The Another one is that all Waukesha needs to 19 do is cure its radium problem, which completely 20 ignores the fact that the aquifer is unsustainable. 21 We've -- you know, as the time has come here 22 approaching decision time, we've heard the rhetoric 23 kind of ramp up. 24 is racially motivated, and this is a class motivated 25 act, that politics are involved somehow. Gramann Reporting, Ltd. We have heard allegations that this I think (800) 899-7222 2/18/2016 1 2 Public Hearing Page 128 that this shows me a couple of things. First of all, we don't know that these 3 people really ever visited Waukesha and understood 4 what this community was really like. 5 Secondly, it tells me that the motives may 6 not be strictly towards the concern, towards the 7 Compact and actually protecting Great Lakes water. 8 And I'm concerned that these emotional arguments 9 would have some effect on the deliberations and the 10 outcome of the application. 11 environmentalists here. 12 about the environment as anyone else. 13 to see our wetlands and lakes and streams be depleted 14 by the aquifer being drained down. 15 In Waukesha, we are We're just as concerned We don't want We are also, even though we are technically 16 outside of the watershed, we are still very much a 17 part of the Great Lakes community here. 18 to the Great Lakes economy, as a matter of fact the 19 water that's supplied to our deep aquifer comes from 20 Lake Michigan. 21 else in protecting Great Lakes water and seeing that 22 it does not leave the area. We're tied We're just as interested as anyone 23 I was glad to see the question yesterday 24 focused on the service area, because that tells me 25 your focus is on actual technical terms of the Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 129 Compact and is not going to be emotional arguments. 2 So, yes, it's true that this will set a 3 precedent and, yes, it's a very important precedent. 4 But we know that whatever precedent is set, that it 5 will not involve water leaving -- Great Lakes water 6 leaving the Great Lakes Basin. 7 y'all to remain objective and make the decision based 8 on the science and the facts and the law. 9 10 And I will encourage So I urge you to support and to approve the application. Thank you for the opportunity to speak. 11 MS. ADAMS: 12 AUDIENCE MEMBER: Thank you for your comments. Hello, name is Jimmy 13 Parra. 14 Environmental Advocates. 15 my time over to Charlene Lemoine who is a resident of 16 the City of Waukesha. 17 If possible, I request that my name be moved to the 18 end of the list of testifiers and I can give my 19 testimony at that time. I'm the staff attorney at Midwest I'm actually going to give She has to leave here shortly. Thank you. 20 AUDIENCE MEMBER: 21 appreciate the opportunity to speak. 22 Charlene Lemoine. 23 the City of Waukesha. 24 25 Thank you. I really My name is I live at 1240 Highpoint Lane in MS. ADAMS: As a homeowner -Pardon me. Have you filled out a form? Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing 2 3 AUDIENCE MEMBER: Yes. Page 130 It's in the pile. Thank you. As a city resident and homeowner and rate 4 payor, I've followed the radium issue for years, and 5 when I really got involved with it was when the City 6 of Waukesha wanted to change the standard for radium. 7 They filed a lawsuit so that Waukesha would be in 8 compliance to raise the radium standard. 9 didn't work, I was very hopeful that another plan 10 would come by that I could support. 11 hopeful for conservation. 12 When that And I was I do see the conservation plan that is 13 implemented now as a good start, but it's certainly 14 not a comprehensive plan. 15 ordinance does allow for sprinkling certain days of 16 the week, but if you hold the hose in your hand, you 17 can sprinkle all you want. 18 conservation. 19 The sprinkling of the That doesn't comply with Additionally, the rates for residential 20 users are tiered; the more you use the more you pay. 21 And I think that's a good idea because you're hitting 22 them in the pocket book, and you will try to 23 conserve; but for large industrial and commercial 24 users, the rates are lower the more you use. 25 think that really fails conservation completely. Gramann Reporting, Ltd. And I (800) 899-7222 2/18/2016 Public Hearing Page 131 1 Everyone should have to pay more for using more 2 water. 3 I also am very concerned about the expanded 4 service area, and Waukesha becoming a water broker 5 and selling water to all of these other 6 opportunities. 7 more freely than they use now, and they don't even 8 have conservation plans in place. 9 that really do concern me as we move forward. They will then probably use water These are things I also 10 think that the aquifer is a very big concern, it was 11 never a concern when the City wanted to raise the 12 radium standards, but it is a viable concern now. 13 But by taking Waukesha off the aquifer, 14 you're only giving other communities more 15 opportunities to draw from that aquifer, and we 16 should all be doing conservation, whether we're in 17 the Basin or not. 18 everywhere. Conservation should be implemented 19 Thank you very much for the opportunity. 20 MS. ADAMS: 21 And before this next speaker I would like Thank you for your comments. 22 to call the next group of names. 23 Daniel Duchniak, Gene Schulz, Mary Bear. 24 25 AUDIENCE MEMBER: Belisle. William Moore, Hi, my name is Simon I was made aware that I was called when I Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 132 1 was outside on a break. 2 Great Lakes and Saint Lawrence City Initiative, 3 headquartered at 20 North Wacker Drive, Suite 2700, 4 Chicago, Illinois 60606. 5 form as well. 6 I'm here representing the And my address is on my Thank you for affording me an opportunity 7 to present arguments and comments. 8 written comments and a variety of resolutions from 9 our member cities. I also have The Great Lakes-Saint Lawrence 10 initiative is a financial coalition of 121 mayors 11 representing over 127 million people in the cities 12 across the eight Great Lakes states and Ontario, 13 Quebec. 14 We work effectively through (indiscernible) 15 Great Lakes and Saint Lawrence Basin. We are a group 16 led by the mayors of those 121 cities. A few of our 17 member mayors have spoken already today. 18 More than ever we understand and appreciate 19 the importance of providing abundant, safe, clean, 20 and fairly priced drinking water (indiscernible. 21 (indiscernible) mayor realizes it's his 22 responsibility to achieve that for his city. 23 However, our mayors (indiscernible) realizing the 24 importance of the Great Lakes and Saint Lawrence 25 River as a resource for our quality of life and Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 2 Public Hearing Page 133 economic well-being and a source of drinking water. The community's straddling county exception 3 of the Compact is an exception. 4 automatic Google if requested. 5 for you, members of the Regional Body and Company 6 Council, to affirm your leadership, to commit 7 (indiscernible) Compact, by rejecting the current 8 Waukesha application. 9 It's not an It's an opportunity The Compact states clearly that an 10 (indiscernible) seeking diversion under that clause 11 must prove that there is no reasonable water supply 12 alternative but the Basin on which it is located -- 13 I'm paraphrasing here. 14 there is a reasonable alternative. 15 rebounding. 16 Lake Michigan water would. 17 impact to surrounding rivers and the Root River. 18 Research has proven that The aquifer is Radium treatment would cost half of what There is would be no Radium treatment is working for Brookfield 19 and Pewaukee, why not Waukesha? 20 varied opinions on water conservation in the City, 21 but there is some being done, and it is clearly cited 22 that there will be more. 23 left out by the City, forcing the Wisconsin DNR to 24 (indiscernible) diversion. 25 alternative, diversion should not be granted. Gramann Reporting, Ltd. And we've heard These options have been There is a reasonable (800) 899-7222 2/18/2016 1 Public Hearing Page 134 The -- that's also (indiscernible) agree 2 with a lot of the definition of the community within 3 a straddling county. 4 service area is not a community, and, therefore, 5 there should not be a diversion granted, and the 6 Compact is federal law and Wisconsin law will not be 7 able to go over the federal law. It's very clear that the 8 So I will finish by urging all of you to 9 make the right decisions for the City of Waukesha, 10 and the whole Basin, protect the Root River, protect 11 everybody, and keep with our great safe drinking 12 water. Thank you. 13 MS. ADAMS: 14 AUDIENCE MEMBER: Thank you for your comments. Hello, I'm Billy Moore, 15 4260 South Victoria Circle in New Berlin, the 16 community just to the east of Waukesha's but still in 17 Waukesha County. 18 I was on the City council when it applied for and 19 received Lake Michigan water through Milwaukee for 20 the same reason that Waukesha is making application. 21 We have radium in our water, and we're under orders 22 to supply safe water to our residents, but the 23 similarity with Waukesha stops there. 24 to, and only requested to change the water source for 25 the middle one-third of the City that lies abreast of Gramann Reporting, Ltd. I am a former New Berlin alderman. We only needed (800) 899-7222 2/18/2016 Public Hearing Page 135 1 the subcontinental divide, then using city well 2 water, and did not request to add in the western 3 third of the City that uses private wells. 4 Waukesha is correct that use of shallow 5 wells would impact the amount of surface water in the 6 local lakes and streams, and needs another source 7 other than either shallow or radium-tainted deep 8 wells for its water. 9 beyond its city limits disregards the objectives of Including a future service area 10 the Great Lakes Compact. 11 included the rest of the county on the strength of 12 its argument to include more than the borders of this 13 community. 14 It might as well have just While using the argument that the 15 environment would be impaired without lake water, it 16 then can't disregard the environmental impact of 17 explosive growth, meaning sprawl, that could occur in 18 the future service area beyond the City limits, if 19 well draw-down became a problem and lake water were 20 offered. 21 Additionally, using the argument that state 22 law allows adding area beyond its community limits is 23 a red herring. 24 irrevocable precedent allowing any state to create 25 the law that could circumvent the objectives of the Gramann Reporting, Ltd. For that argument can only create an (800) 899-7222 2/18/2016 Public Hearing Page 136 1 Compact. 2 known for a time including an expanded service area 3 goes beyond the rules of the Compact and have been 4 unwilling to modify their request. 5 for reasons beyond the care for the environment and 6 safe drinking water. Waukesha and the Wisconsin DNR have long 7 And I wonder if, It should have taken the example of New 8 Berlin and only asked for what it needed, not what 9 some might have wanted. Its request should be denied 10 or, if possible, amended by the governors of the 11 Great Lakes. Thank you. 12 MS. ADAMS: 13 AUDIENCE MEMBER: 14 Next is Daniel Duchniak. I'm going to defer to Mr. (indiscernible) and I will come back at the end. 15 MS. ADAMS: I'm sorry, whom? I don't have 16 a form. 17 takes us too much. 18 substitutions. 19 schedule, but every time that somebody does this we 20 lose time. We really need to stick to the form, it 21 22 We lose time on these And I apologize if people have a AUDIENCE MEMBER: about that. 23 I'm sorry, I'm sorry Can I speak? MS. ADAMS: I can't -- we have to stick to 24 the rules or we're going to be here all night. 25 apologize. So I We can look for your form and try to call Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 137 you. 2 AUDIENCE MEMBER: I appreciate that. 3 AUDIENCE MEMBER: My name is Dan Duchniak, 4 and hopefully you will be hearing from me for the 5 last time. 6 water utility. 7 career working to ensure the availability of healthy 8 drinking water, I understand the importance of the 9 unique resource of the Great Lakes and the need to 10 11 I'm the general manager of the Waukesha As someone who has spent their entire protect it. Waukesha supported and helped pass the 12 Great Lakes Compact in Wisconsin, and our application 13 is in no way a threat to it. 14 return the same amount of water setting a high 15 standard for any future diversion request. 16 of the importance of making fact-based decisions, I 17 wanted to take the time to address several flaws with 18 the claims of an organization called Compact 19 Implementation Coalition, since many commenters seem 20 to be relying on the misinformation provided by them. 21 We will borrow and Because CIC's alternative was developed without 22 consulting with experts on Waukesha's water system 23 and without consideration of Waukesha's entire 24 application. 25 was done on the CIC proposal before this alternative In addition, no independent peer review Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 138 1 was made public. 2 and found that Waukesha's deep aquifer wells could 3 not provide enough water for Waukesha even for CIC's 4 hypothetically smaller service area. 5 The DNR reviewed the CIC proposal Consequently, CIC's alternative would 6 increase environmental impacts even to meet its lower 7 projected demand. 8 CIC alternative is that, in the CIC alternative, 9 pointed out by the DNR are that the actual water use Among the additional flaws in the 10 estimates are less than the CIC assumed, and they 11 failed to consider that reverse osmosis treatment 12 wastes 19 to 20 percent of the water supply, which 13 would require greater pumping from the aquifer, 14 causing significant harm to the environment from the 15 drawdowns. 16 But most importantly, the CIC alternative 17 fails to put the radium regulations under all water 18 system operating conditions. 19 cannot comply with the court order to comply with 20 federal drinking water standard, radium, a 21 carcinogen. 22 the CIC is that water quality in the shallow aquifer 23 is much more vulnerable to contamination in an 24 urbanized area. 25 This means Waukesha Another critical fact not considered by In fact, we had to suspend the use of two Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 139 1 shallow wells earlier this month because current 2 levels exceeded federal standards and to prevent 3 gross water from entered the distribution system. 4 For all of us that are concerned about the Great 5 Lakes ecosystem, we cannot forget the importance of 6 the connected groundwater as was recently highlighted 7 by the (inaudible). 8 9 Everyone needs to know that deep groundwater currently being used by Waukesha is 10 tributary to Lake Michigan, so Waukesha's currently 11 pumping Great Lakes water and diverting it to the 12 Mississippi Basin. 13 substandard consideration will be given to that 14 point. The Compact also says that a 15 Finally, as a past project manager for the 16 Racine River runoff, and having been involved in the 17 (indiscernible) lakefront area in Racine, I am very 18 sensitive to the lakefront in Racine. 19 you that the return of water will not have any 20 negative impact on those great assets in Racine and 21 will only improve the fishing opportunities that many 22 of the citizens appreciate. 23 24 25 MS. ADAMS: time. Excuse me, sir. I can assure You're out of Thank you. AUDIENCE MEMBER: Gramann Reporting, Ltd. Thank you. (800) 899-7222 2/18/2016 1 Public Hearing AUDIENCE MEMBER: 2 Schulz. 3 Hills, Wisconsin. 4 Page 140 Hi, my name is Gene I live at 8210 North Green Bay Road, River I'm just here as a citizen. I moved from a (indiscernible) within the 5 Great Lakes Basin to Waukesha, Wisconsin at age 18 in 6 1969 to attend school here at the college. 7 remained in Waukesha area until 1974. 8 early years I had occasion to drive through Milwaukee 9 and could see the trenches rising and rising until I During those 10 you finally get to (indiscernible) the two different 11 watersheds, and I grew up on the east side of that 12 divide, and spent my college years on the west side 13 of that divide. 14 I'm here today to thank those who 15 understand the importance of defining that area for 16 the purposes of water use; for what falls to the east 17 goes into Lake Michigan and what falls to the west 18 goes into the Mississippi River. 19 surrounding the Great Lakes (indiscernible). 20 finished reading Timothy Easley, "Enduring the Worst 21 of Times," which is really sad history of the 22 creation of the dust bowl. 23 of the farmers and ranchers (indiscernible). 24 25 Can the states I just Although the description Again, the author reports that the Oklahoma aquifer, the nation's biggest source of underground Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 141 1 fresh water (indiscernible) in Texas and filled by 2 glacier melt 15,000 years ago (indiscernible) 3 1.1 million acres feet per day. 4 down eight times faster than nature can refill it. 5 This is frightening, and under the current statutes 6 unstoppable. 7 Waukesha. 8 unusable or empty. 9 undermine this concept of conservation, I want you to It's being drawn It's a metaphor for the request by At some point the aquifer is going to be Knowing how easy it is to 10 hear five reasons why water should not be diverted 11 from Lake Michigan across the divide. 12 Inadequate water treatment for sewage, 13 future disagreements entangling municipalities 14 (indiscernible.) 15 water within Waukesha's home basin. 16 Except for the first one. 17 is supposed to be a zero sum game, every gallon that 18 leaves the Great Lakes Basin will return. 19 okay. Available alternative source of (indiscernible.) I understand the diversion Sounds But let's talk a minute about water treatment. 20 An article cited in the American from the 21 November 22, 2013, stated that many pharmaceuticals a 22 (indiscernible) are not removed during sewage 23 treatment. 24 MS. ADAMS: 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. I'm sorry, sir. I'm going to quote the (800) 899-7222 2/18/2016 Public Hearing Page 142 1 article when I say, "A federal study of 74 waterways 2 used for drink water in 25 states found 53 -- 3 MS. ADAMS: Excuse me, sir. 4 down just a little bit. 5 reporter is getting this. 6 7 I don't think the court AUDIENCE MEMBER: She is good. She'll get it. 8 9 Can you slow 53 had traces of one or more pharmaceuticals. There are currently no federal 10 regulations of pharmaceuticals in waste or drinking 11 water, however, 12 pharmaceuticals are currently on 12 the Environmental Protect Agency list of chemicals 13 under consideration as drinking water contaminants. 14 The communities within the Great Lakes 15 Basin are (indiscernible) pharmaceutical pollutants 16 to the water in the sewer systems. 17 of any community who utilizes the renewal process 18 during the final stages of sewage treatment which 19 assures no pharmaceuticals went into the water. 20 21 And I don't know I'm not going to get any further than that, am I? 22 MS. ADAMS: Your time is up. And we 23 encourage you to submit your comments in writing. 24 Thank you. 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. I will. Thank you. (800) 899-7222 2/18/2016 1 Public Hearing MS. ADAMS: Page 143 Before we begin, we will call 2 the next group of names. 3 Brian Nemoir, N-e-m-o-i-r. 4 AUDIENCE MEMBER: George Meyer, Steve Edlund, And John Bolger. Good afternoon. My name 5 is Mary Bear and I live at 123 Harrogate Drive in the 6 great city of Waukesha. 7 day that Waukesha can finally have safe drinking 8 water from Lake Michigan. 9 opportunity to speak to you today. And I look forward to the I appreciate the I have spoken on 10 this topic at every opportunity I have been given 11 because I so strongly believe the science supports 12 this diversion, and because I believe that it is a 13 best environmental option also. 14 This request has been fully vetted by the 15 City, the DNR, and many environmental groups. 16 result, I believe those in favor and those opposed 17 can help make this submittal even stronger as all 18 questions have been answered during this lengthy 19 review process. 20 As a If you listen to the feedback on all the 21 other options that have been reviewed by the City and 22 the DNR, you will realize that they have long-term 23 effects on the surrounding groundwater and 24 environment. 25 Think; no replenishment of the water level Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 144 1 due to the impervious soil makeup of this area. 2 Think; the loss of the amazing natural habitat of the 3 Horicon Marsh and the damage the additional wells 4 could cause. 5 6 7 Think of Flint, Michigan and what happened when they tried to save money by using river water. Now, think about Waukesha's (indiscernible) 8 initiative as a straddling county. 9 improvement to the Root River that would result in Think about the 10 the return flow. 11 lawsuit against of City of Waukesha (indiscernible) 12 of water, and think about the generations that will 13 finally enjoy pure safe drink water in Waukesha. 14 Think about the EPA dropping their I'm not sure why this whole process became 15 sort of political. 16 because we were the first DNR-approved submittal. 17 Maybe it was because certain cities were not willing 18 (indiscernible) to provide water to us, or maybe it 19 was because good people choose to oppose any 20 (indiscernible) that is an environmental change. 21 Maybe it is destined to be What I do know is that we need access to 22 Lake Michigan water. 23 that this diversion is our only viable option. 24 all of you from the seven Great Lakes states and two 25 Canadian provinces to look at this from a scientific Gramann Reporting, Ltd. It's been scientifically proven I ask (800) 899-7222 2/18/2016 Public Hearing Page 145 1 perspective and make your judgment based on that 2 rather than negative politics that surround this 3 proposal. 4 I also want to thank you for taking the 5 time to visit Waukesha and review our water needs. 6 hope what you have seen and heard here leads you to a 7 positive response to this request for diversion. 8 With approval, I hope that the health of Waukesha's 9 children and their children's children's children, 10 that we can finally provide safe drinking water to 11 all. 12 today. I Thank you for the opportunity to speak to you 13 MS. ADAMS: 14 AUDIENCE MEMBER: 15 to the State of Wisconsin. 16 the time out of your very busy schedules to come here 17 and listen to the citizens of Wisconsin on all sides 18 of this issue. 19 executive director of the Wisconsin Wildlife 20 Federation, 201 Randolf Drive, Madison Wisconsin. Thank you for your comments. Good evening, and welcome Thank you all for taking My name is George Meyer. I'm an 21 The federation is comprised of 195 hunting, 22 fishing, and trapping organizations in the state with 23 over 100,000 members. 24 number of Great Lakes sport fishing groups on both 25 Lake Michigan and Lake Superior, including the Gramann Reporting, Ltd. These organizations include a (800) 899-7222 2/18/2016 Public Hearing Page 146 1 Wisconsin Federation of Great Lakes Sport Fishing 2 Clubs. 3 The Great Lakes are extremely important to 4 Wisconsin's 1.6 million anglers. 5 level, I've been involved in conservation and 6 environmental policy in the state for over 45 years, 7 and have served 32 years in the Department of Natural 8 Resources, including eight years as its secretary. 9 On a personal The Wisconsin Wildlife Federation and its 10 clubs have worked hard over the last ten years to 11 pass the Great Lakes Compact, its adoption in 12 Wisconsin and other states and in U.S. Congress. 13 have also worked hard on the adoption of Wisconsin's 14 implementing statutes and rules. 15 We Both the federation and I personally 16 approached the proposed Waukesha diversion 17 application with an open mind. 18 principle was to ensure that the Waukesha application 19 decision be consistent with a strong Compact, thereby 20 protecting the Great Lakes from legal challenges. 21 We have reached the conclusion that the Our only guiding 22 current Waukesha application does not meet the 23 standards of the Great Lakes Compact. 24 concern we have is that the proposed water service 25 area is a tremendous expansion and goes way beyond Gramann Reporting, Ltd. The key (800) 899-7222 2/18/2016 Public Hearing Page 147 1 what is necessary to meet the community of Waukesha's 2 needs, to provide safe drinking water to its 3 citizens, and provide reasonable growth for its 4 community. 5 Using the current water service area, there 6 is a reasonable alternative including water treatment 7 and additional wells to meet Waukesha's needs for 8 several decades. 9 substantially less than the proposed Great Lakes 10 11 In addition, the cost would be diversion. The Regional Body should be aware that 12 Waukesha's water service area was established before 13 the Great Lakes Compact was in place, it was not 14 designed to meet the standards of the Compact. 15 in fact, the state statute dealing with this issue is 16 in conflict with the Compact itself, and please 17 consider that. 18 And, In conclusion, the Wisconsin Wildlife 19 Federation respectfully requests that the Regional 20 Body not approve the proposed Waukesha water 21 diversion application because it does not meet the 22 standards of the Great Lakes Compact. 23 Thank you for your consideration. 24 MS. ADAMS: 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. Thank you for your comment. My name is Steve Edlund (800) 899-7222 2/18/2016 Public Hearing Page 148 1 and I live at 426 Prospect Avenue in the City of 2 Waukesha. 3 although I'm not representing the school district, I 4 do represent 14,000 students in the Waukesha School 5 District. I'm a member of the Waukesha school board, 6 And I'd like to present this graph to you. 7 This is a USGS graph of the aquifer that is measured 8 within the City of Waukesha. 9 there's some lines on here. If you'll notice, Waukesha's application, 10 the 2013 application contains a study of the deep 11 aquifer. 12 from a time period when the aquifer was in decline up 13 until the year in 2000. 14 in 2000, and there is no current study within the 15 last public comment period to support that we are 16 without an adequate supply of water. 17 when you look at everything that's in the 2,000- to 18 3,000-page application about the deep aquifer. 19 But what was used to model the study was The aquifer began to rebound Consider that Why do we need an alternative supply? 20 Waukesha's not without a supply. 21 aquifer is not severely depleted, and no current 22 science in the application supports that claim. 23 According to (indiscernible) USGS (indiscernible), in 24 Waukesha's 1,785 feet deep aquifer, the net draw-down 25 from 1932 to the fall of 2015 for 84 years is 295 Gramann Reporting, Ltd. Its sand and stone (800) 899-7222 2/18/2016 Public Hearing Page 149 1 feet, including a rebound of over 100 feet in the 2 last 15 years. 3 Due to this exposure during the public 4 comment period in 2015, the DNR required Waukesha to 5 rerun the (indiscernible). 6 period expired, Waukesha negotiated the contract with 7 desired outcomes with the firm. 8 adopted by the DNR in late November of 2015. 9 was no public input, no public hearings, the Before the public comment The study was There 10 agreement permitted on the study. 11 were also adopted by the DNR after the public 12 comments were closed. 13 Other documents The issue of the contaminated water supply 14 in the (indiscernible) Great Lakes water 15 (indiscernible) is mutually exclusive and irrelevant 16 to the Compact requirements. 17 on compliance June 30, 2018 and has released a memo 18 in November of 2014 stating that they cannot meet the 19 achievement of the court date by 2018. 20 would be 2021. 21 Waukesha will be rated The earliest Let the record reflect that we are 22 Wisconsin's Flint, Michigan. 23 has an acceleration clause that says if they violate 24 federal and state radium level based on the annual 25 rated full average used to monitor the temporary Gramann Reporting, Ltd. Waukesha's court order (800) 899-7222 2/18/2016 Public Hearing Page 150 1 exception to state and federal standards for radium 2 in place at all points entering the distribution 3 system, that Waukesha will come into full compliance 4 within three years. 5 level 40 out of 61 months, and our Department of 6 Justice has not enforced this rule. 7 that each of your attorneys generally request the 8 records from Waukesha between DNR and the State of 9 Wisconsin and the Waukesha's Water Utility. 10 Waukesha's has exceeded that And I am request I'm only getting this stuff by public 11 records and it's on the website www.Waukesha Great 12 Lakes application.com. 13 MS. ADAMS: Thank you. Mr. Edlund, a moment please. 14 Can you leave that exhibit with us since you relied 15 on it in your testimony? 16 AUDIENCE MEMBER: Yes, I can. I'll also 17 leave with you the full rated average measurements 18 that were submitted from the Waukesha water utility 19 as a requirement of the stipulation agreement. 20 MS. ADAMS: Thank you for your comments. 21 Hand it to the gentleman right there. 22 up to us. 23 24 25 He'll bring it Thank you. AUDIENCE MEMBER: My name is Brian Nemoir, 1819 Coldwater Rest in Waukesha, Wisconsin. Good evening. Gramann Reporting, Ltd. Good afternoon, my name is (800) 899-7222 2/18/2016 Public Hearing Page 151 1 Brian J. Nemoir, Executive Director of the Alliance 2 to Sustain the Great Lakes, a multi-state coalition 3 of water users who respect the exceptional resource 4 that the Great Lakes truly are and believe in the 5 Compact as a necessary tool for protecting the lakes 6 and creating a level playing field for all current 7 and future users. 8 9 10 I'll try to be brief here with my time on the table because I know there is still a lot of folks waiting to testify. 11 The intent of the Compact is to rely on 12 science when considering Great Lakes Water usage and 13 not politics. By placing science at the forefront, 14 the sum of the Great Lakes becomes more important 15 than its varied parts; specifically the states, 16 communities, its residents and other key stakeholders 17 by setting aside the immediacy of politics and 18 allowing science to be the appropriate measuring 19 stick. 20 retain control of decisions regarding the Great 21 Lakes. 22 The states bordering the Great Lakes seek to As you're well aware, the first test case 23 of the Compact is the City of Waukesha's application. 24 You already heard much about that. 25 to suggest that today's public hearing is about more Gramann Reporting, Ltd. But I'd just like (800) 899-7222 2/18/2016 Public Hearing Page 152 1 than Waukesha. 2 earlier, is about the sum of the Great Lakes; and the 3 parts, like Waukesha, interrelate. 4 immediate need, thoroughly vetted application are 5 today's challenge deserving a science-driven 6 consideration. 7 look like? 8 9 Today's consideration, as stated Waukesha's What does tomorrow's consideration There are 831 diversion eligible communities within the eight Great Lakes states. 10 Communities who may also one day need a safe, 11 sustainable water supply. 12 never will because they have viable supply options. 13 But some of these 831 communities will and deserve 14 the same opportunity to put together a science-based, 15 thoroughly vetted application to borrow Great Lakes 16 water and to have their request considered by this 17 same body objectively using science rather than 18 politics. 19 Most of these communities Water safety is an issue of great concern 20 right now. 21 Great Lakes neighbors in Flint, Michigan has raised 22 awareness. 23 expensive process of, again, garnering Great Lakes 24 water, not unlike Waukesha's. 25 communities governed by the Compacts are fortunate, Unfortunately, the dire situation of our Flint's eventual solution will be a long Gramann Reporting, Ltd. The states and their (800) 899-7222 2/18/2016 Public Hearing Page 153 1 as the framework has been built for fair 2 consideration of future sustainable and safe water 3 supply requests. 4 On behalf of the Alliance to Sustain the 5 Great Lakes and its growing coalition, I thank you 6 for your time today and ask you to apply the Compact 7 using science as the standard, not politics as 8 required both today and tomorrow. 9 MS. ADAMS: 10 Thank you. Thank you for your comment. AUDIENCE MEMBER: I'm John Thomas Bolger, 11 Woods Road, Waukesha. 12 (indiscernible). 13 about standing here before you, but there are some 14 issues and statements invoked in this process that 15 have really stuck in my craw. 16 And feeling like I'm about to I have some of the trepidation I hold no official position of public 17 trust, but I'm a resident of Section 24 of the Town 18 of Genesee, Waukesha County, Wisconsin. 19 address as Waukesha, we have a Waukesha post office 20 rural route and we're also members of the Waukesha 21 school system, although I live in the Town of 22 Genesee. 23 I gave my This section is within the extended 24 Waukesha water supply service area, and as alluded 25 to, (indiscernible) as a footnote in the alternative Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing 1 plan purported as the Compact implementation 2 coalition non-diversion solution. 3 Page 154 This portion of the Town of Genesee, 4 identified by the Southeast Regional Planning 5 Commission as a flash area vulnerable to private 6 wells in the area likely to due to bacterial 7 contamination. 8 9 Much of this area has bedrock within six feet of the ground surface, and my own property I 10 rarely can I dig down 18 inches before hitting 11 bedrock. 12 The Regional Water Supply Planning Program 13 was undertaken by the Southeast Regional Planning 14 Commission in response to formal requests received 15 from multiple municipalities including the Town of 16 Genesee. 17 required preparation of a water supply plan for 18 Southeastern Wisconsin to follow the mandate of smart 19 growth. 20 Wisconsin's groundwater management law The Town of Genesee has participated in 21 good faith with the Southeast Regional Planning 22 Commission to plan for the future anticipated 23 priorities. 24 other municipalities on the water service supply 25 area, "have demonstrated no need, imminent or To state that the Town of Genesee, among Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 155 1 otherwise for additional supplies of water," is 2 disingenuous at the least and certainly a curious 3 insult to the process of public municipal planning. 4 The alternative CIC non-diversion solution 5 emphasizes the use of existing shallow and deep 6 aquifer wells adjacent to and shared by this part of 7 the Town of Genesee, increasing drawdown to the 8 aquifers and river bank easement may indeed put these 9 shared shallow aquifers supplying the wells within 10 the town at increased risk of early failure. 11 add insult to injury, the alternative non-diversion 12 plan advocates ignoring the recommendations of the 13 agreement formulated with the Southeast Regional 14 Planning Commission. 15 the protection of the planning agreement for a safe, 16 reliable supply of water, and need to renegotiate for 17 an alternative source of unknown consequences. 18 And to So town residents would lose There are haunting parallels between the 19 Town of Genesee, Wisconsin, and Genesee County of 20 Flint, Michigan. 21 supply area plan to avoid a potential crisis. 22 Clearly some critics have tried to divert the 23 argument in this process to that of anti-growth for 24 Waukesha County by asking the Regional Body and the 25 Compact Council to support the thoughtful efforts Gramann Reporting, Ltd. Let us keep the Waukesha water (800) 899-7222 2/18/2016 Public Hearing Page 156 1 already made here in the municipal planning for a 2 safe, reliable source through the Lake Michigan water 3 diversion. 4 for this body. I appreciate the opportunity of preparing And I hope I wasn't too grumpy. 5 MS. ADAMS: 6 We have a speaker, Mr. Villarreal. 7 Thank you. here? 8 AUDIENCE MEMBER: 9 MS. ADAMS: 10 He had to leave. He had to leave. Okay. I apologize for that. 11 12 Is he Next up Elizabeth Moran, christy Meyer, Jennifer McKay. 13 AUDIENCE MEMBER: Good evening. My name is 14 Elizabeth Moran and I'm a Water and Natural Resources 15 Associate for Environmental Advocates of New York. 16 Environmental Advocates' mission is to protect our 17 air, land, water, and wildlife and help all New 18 Yorkers. 19 state government, evaluate it, (indiscernible). 20 champion policies and practices that will continue 21 the responsible stewardship of our shared 22 environment. 23 support and strengthen the (indiscernible) of 24 environmental community and to make our state a 25 national leader. Basically, in Albany, New York we monitor And With over 47,000 advocates, we work to Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 157 As you know, New York is one of eight 2 states that can be negatively impacted by this 3 proposed diversion. 4 today to voice our significant concerns with the City 5 of Waukesha's Great Lakes diversion application, 6 which proposed to divert an average of 10.1 million 7 gallons of water per day from Lake Michigan. 8 9 As such, I am addressing you It's in violation of the Great Lakes Compact, sets a dangerous precedent, and undermines 10 the integrity of this very body. 11 reject the City of Waukesha's application. 12 Lakes Compact Council was formed to manage the Great 13 Lakes, an irreplaceable environmental and economic 14 asset. 15 We urge you to The Great The Compact bans diversions at the Great 16 Lakes with very limited exceptions, which the City of 17 Waukesha's application compromises. 18 (indiscernible) way of life. 19 80 percent of our fresh surface water, over 700 miles 20 of shoreline, and nearly 48 percent of the lands can 21 be found within the Great Lakes and St. Lawrence 22 River Basins. 23 on fresh waters of the basin for drinking, 24 recreation, and to support local economies. 25 also relies on the managed use of these waters for Gramann Reporting, Ltd. The Great Lakes Approximately More than 4 million New Yorkers depend New York (800) 899-7222 2/18/2016 Public Hearing Page 158 1 thermoelectric and hydropower in addition to various 2 other uses. 3 every diversion applicant plays by the same rules and 4 adheres to the Compact for the longevity of the Great 5 Lakes. 6 It's in every state's best interest that This body has the opportunity to set one of 7 two precedents: 8 ensure all future requests follow the high standards 9 intended, or they can fail the Compact and open the They can protect the Compact and 10 door for communities to do as they wish without 11 regard for (indiscernible) unintended consequences. 12 Waukesha's application fails to meet the 13 strict standards of the Compact. 14 ignores a clear alternative to Lake Michigan water, 15 which would be treating the City's current supply for 16 radium. 17 alternatives must be explored before even applying 18 for a diversion, which is intended as a last resort. 19 Independent analysis demonstrates Waukesha Specifically, it The Compact clearly states that all 20 can meet its water needs for decades by applying 21 additional treatment to its current aquifer sources. 22 In addition, the application significantly inflates 23 the volume of its request by inappropriately 24 including towns that do not need water, have not 25 requested it, and do plan to be connected to the new Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 159 1 source. 2 fails to demonstrate need for diversion and should be 3 rejected. Thus, the City of Waukesha's application 4 MS. ADAMS: 5 AUDIENCE MEMBER: 6 MS. ADAMS: 7 Thank you. You're free to submit any written comments. 8 9 Your time is up. AUDIENCE MEMBER: Amanda Payne works for me, but she had to pick up her one-year-old. 10 filled out a slip. 11 wait for her or take her time. 12 MS. ADAMS: 13 AUDIENCE MEMBER: 14 Good evening. I also My name is Suzanne Kelley. I can Go ahead. Thank you. My name is Suzanne Kelley 15 and I'm president of the Waukesha County Business 16 Alliance located at 2717 North Grandview Boulevard in 17 Waukesha. 18 association in Waukesha County, representing more 19 than 1,000 member companies and community 20 organizations, and collectively our members employ 21 over 60,000 people in this region. 22 The Alliance is the largest business Approximately 25 percent of our member 23 businesses are located in Waukesha and employ several 24 thousand individuals who work and/or live in 25 Waukesha. We also have member companies with Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 160 operations throughout the Great Lakes states. 2 The alliance stands in firm support of the 3 City's application for Lake Michigan water. 4 believe the application meets the criteria of the 5 Compact and we are very, very proud of the hard work 6 that the City has gone through to meet the very high 7 standards under the Compact. 8 We The City's proposal has been thoroughly 9 vetted by our infrastructure policy committee, our 10 policy board, and the Alliance Board of Directors. 11 We have spent years updating and educating our entire 12 membership about the issue, and have asked for their 13 feedback. 14 been widespread among our member businesses, several 15 were here earlier today and had to leave, so I'm hear 16 speaking for them as well. 17 Support for the City's application has We believe it's essential to provide safe 18 and healthy water to the citizens, employer's, and 19 many employees in Waukesha. 20 all the information that has been presented over 21 many, many years now, we remain convinced that 22 Waukesha's application provides the only practical 23 environmentally sound and long-term solution for the 24 City, its inhabitants, and its workers. 25 And after considering Whether you're looking at this issue from Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 161 1 the perspective of a business person, an 2 environmentalist, or a public policy leader, the 3 City's application is truly the only solution that 4 really makes sense. Thank you for your time. 5 MS. ADAMS: 6 AUDIENCE MEMBER: Thank you for your comment. Good evening, my name is 7 Kristin Meyer and I'm the managing director of 8 enviro-cultural health and clean-water programs of 9 the Ohio Environmental Council out of Columbus, Ohio. 10 The OEC is a statewide not-for-profit advocacy 11 organization whose mission is to support healthy and 12 clean water for all who (indiscernible). 13 The OEC is very concerned about the City of 14 Waukesha's water diversion application as written. 15 This application has the potential to unravel the 16 commitment that the region has made to the lakes and 17 the wildlife and people that depend on the lakes. 18 The City of Waukesha water diversion application does 19 not meet the reasonable use standard under the 20 Compact. 21 According to an independent study, 22 Waukesha's water demand has been falling since the 23 late 1980s. 24 higher demand for water use in the future. 25 inconsistent with historical trends. Yet the City of Waukesha projects a much Gramann Reporting, Ltd. This is Even with (800) 899-7222 2/18/2016 Public Hearing Page 162 1 Waukesha's water surface supply area projected 2 industrial and residential growth, expected total 3 average daily demand is 6.7 MGD and the maximum 11.1 4 MGD. 5 Waukesha is currently demanding. 6 requested amount cannot be considered reasonable. These numbers are well below the 16.7 MGD that As such, the 7 Also, the towns within the City's WSSA have 8 not expressed a need for a new source of or a need of 9 additional water. Furthermore, some of the public 10 officials from these areas have indicated that they 11 do not need water now or into the foreseeable future. 12 Lastly, over the last couple of years 13 groundwater levels in Southeast Wisconsin have been 14 rising, or at the very least stabilizing. 15 independent engineering firms looked at Waukesha's 16 proposal and concluded that Waukesha can use its 17 existing deep and shallow water wells to provide 18 ample clean water and meet current and future demands 19 as long as the City invests in three new drinking 20 water treatment plants. 21 Two Utilizing Waukesha's existing wells and 22 treating the wells with high levels of radium would 23 cost half as much as Waukesha's water diversion 24 request, saving residents and local businesses money, 25 while meeting future demand and protecting the health Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 163 1 of Waukesha's residents according to the independent 2 analysis. 3 Your decision on this application has the 4 ability to unravel the benefits of tireless 5 (indiscernible) of Lake Erie. 6 how. 7 Lakes (indiscernible) thousand straws, as they are 8 many communities out of the watershed around the 9 Great Lakes that might be more willing to consider You might be wondering A favorable decision could ensure the Great 10 withdrawing Great Lakes water in the future. 11 favorable approval of this decision application 12 almost ensures that those future communities would 13 also get favorable approvals. 14 A For all these reasons, we respectfully urge 15 the members of this body to deny this diversion 16 application as written. 17 opportunity and we will be providing our written 18 comments. 19 20 MS. ADAMS: Thank you, again, for this Thank you for your comments. Are you Jennifer McKay? 21 AUDIENCE MEMBER: 22 MS. ADAMS: Okay. I am. And then I would like to 23 call up Kathy Martin, Louise Segroves who would be 24 next in line. 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. Good evening. My name is (800) 899-7222 2/18/2016 Public Hearing Page 164 1 Jennifer McKay. 2 Mitt Watershed Council. 3 Street, Petoskey, Michigan 49770. 4 I'm here on behalf of Tip of the We're located at 426 Bay The Watershed Council's mission is to 5 restore, protect, and enhance our water resources. 6 We have actually spent the last decade working on the 7 adoption of the Great Lakes Compact and its 8 implementation in Michigan. 9 tremendous success. The Compact on paper is The Compact in the real world is 10 a tool to protect the Great Lakes from unwise water 11 use and unnecessary diversions. 12 determined within the next few months by all of you. 13 That will be As the first request for the Great Lakes 14 diversion under the Great Lakes Compact, the review 15 and decision-making on the Waukesha Diversion 16 Application will establish a value precedent setting 17 the bar for future diversions. 18 yesterday during the meeting, you are, in essence, 19 writing the rules for the Compact. 20 imperative that we get this right. 21 As it was mentioned As a result, it's The watershed council recommends the City 22 of Waukesha's water diversion application not be 23 approved in its current form, because it fails to 24 meet the legal and technical requirements put for the 25 in the Compact. Gramann Reporting, Ltd. We'll submit more detailed comments (800) 899-7222 2/18/2016 Public Hearing Page 165 1 in writing, but just to highlight a few: 2 Section 494B. 3 quantities that are considered reasonable for the 4 purposes for which it is proposed." 5 Under "Exception will be limited to Waukesha's per capita use or demand is 6 declining and has been declining now for about three 7 decades. 8 a significant increase in per capita use. 9 anything, per capital use has declined due to the 10 required implementation of conservation measures. 11 Additionally, under Section 493A of the Waukesha's demand asked for in 2015 assumes If 12 Compact, "the water shall be solely used for public 13 water supply purposes of the community within 14 straddling county that is without adequate supplies 15 of potable water." 16 application, including Pewaukee, (indiscernible) have 17 not demonstrated that they are without adequate 18 supply of safe drinking water. 19 The other towns included in the And the Wisconsin Department of Natural 20 Resources response to the questions submitted by the 21 Department of Environmental Quality of Michigan just 22 (indiscernible) 2016. 23 department did not make the determination about the 24 adequacy of private water supplies in the areas not 25 currently served by the Waukesha's water utility, and Gramann Reporting, Ltd. WDNR regularly met. That the (800) 899-7222 2/18/2016 Public Hearing Page 166 1 it noted that the (indiscernible) would allow water 2 diverted to be served anywhere in the delineated 3 water supply service area, including these 4 communities that are not without adequate drinking 5 water is not consistent with the Great Lakes Compact. 6 Waukesha is the first of the number of 7 communities (indiscernible). 8 Waukesha's Great Lakes Water Diversion Application 9 will set a precedent for future diversion applicants, 10 so we urge you to reject the application. 11 MS. ADAMS: 12 AUDIENCE MEMBER: 13 14 The outcome of the Thank you. Thank you for your comments. Kathy Martin, Save the Dunes, 444 Barker Avenue, Michigan City, Indiana. Thank you very much for the opportunity to 15 comment on the City of Waukesha's application for 16 Great Lakes diversion under the Great Lakes Compact. 17 I'm here representing Save the Dunes along with a 18 number of other independent organizations: 19 Environmental Council, Indiana Wildlife Federation, 20 League of Women Voters of Indiana Hoosier Chapter, 21 Indiana Division of the Izaak Walton League of 22 America, and the Northwest Indiana Steelheaders. 23 Hoosier On behalf of these organizations 24 representing thousands of people from Indiana, we are 25 here today to urge you to deny the City of Waukesha's Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 167 1 application for a Great Lakes diversion. 2 Lakes are a critical contributor to the region, the 3 region's economy, the environment, and quality of 4 life. 5 maintains its meaning and integrity is a necessary 6 measure of protection for the Great Lakes and will 7 safeguard the health and role in the lives of 8 Hoosiers and Great Lakes residents for generations to 9 come. 10 The Great Ensuring that the Great Lakes Compact This application is a critical test for the 11 Compact, establishing its effectiveness, and serving 12 as a precedent for subsequent diversion proposals. 13 Allowing an insufficient diversion application to 14 pass, can (indiscernible) future requests. 15 We believe that Waukesha's current 16 application does not meet the Compact requirements 17 and respectfully request that you deny this 18 application on the grounds that it does not meet the 19 exception standard requirements of the Compact. 20 Specifically, we have a following concerns about the 21 application: 22 comments but here is a few. 23 We will go into more detail in written Waukesha has reasonable less expensive 24 alternatives to meet its water needs. 25 existing wells with radium in order to provide Gramann Reporting, Ltd. Treating (800) 899-7222 2/18/2016 Public Hearing Page 168 1 potable water is a feasible option, but the City of 2 Waukesha has not adequately considered in the 3 application. 4 Wisconsin alone have chosen this route and already 5 provide potable drinking water to their residents. 6 Failure to evaluate this alternative on the 7 application is not consistent with the Compact. 8 9 Over three dozen other communities in Waukesha proposes to diverting Great Lakes to towns that don't need it. The City's application 10 proposes that Great Lakes water be diverted to other 11 towns in Waukesha County that may not need water. 12 Too date, none of these communities in the extended 13 service area have demonstrated that it is without 14 adequate supplies of safe drinking water. 15 While Wisconsin statute may dictate that 16 Waukesha include these areas as part of its 17 application, the Compact is clear that a need for 18 water must exist in a community to be eligible for a 19 diversion. 20 Waukesha's diversion application, they must 21 demonstrate that they meet all requirements of the 22 Compact, including that they are without adequate 23 supplies of potable water and there is no reasonable 24 water supply alternative, including conservation 25 before the application is approved. If these areas are included as part of Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 169 Waukesha has not demonstrated adequate 2 conservation and efficiency implementation. 3 the Compact requires conservation and efficiency 4 measures be implemented prior to applying for a 5 diversion to avoid (indiscernible) a diversion. 6 Waukesha has not fully implemented its conservation 7 plan and is missing key components. 8 nothing in the record -- 9 MS. ADAMS: Additionally Time is up. 10 AUDIENCE MEMBER: 11 MS. ADAMS: 12 While Thank you. Please submit your written comments as well. 13 Before you begin I would like to line up 14 one more speaker, Robert Balleon if you are here. 15 would invite you to stand in line. 16 AUDIENCE MEMBER: All right. 17 Louise Segroves. 18 for Environmental Advocacy. 19 Exchange Street, St. Paul, Minnesota. 20 We My name is I represent the Minnesota Center We're at 26 East We really get that this is an issue of 21 accountability. 22 the development of the Great Lakes Compact. 23 2007, Minnesota was the first state to approve the 24 Compact. 25 a stake in the management of Great Lakes resources Minnesota played a leading role in And in We believe that all Great Lakes states have Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 170 1 throughout the basin. 2 we need a strong council in order to hold every state 3 accountable to the other states in the basin and to 4 protect the valuable waters from individual interests 5 and individual agendas. 6 We need a strong Compact, and Prior to working in advocacy, I worked for 7 years as an environmental review and permitting 8 specialist. 9 project with conflicting natural resources impacts, I worked on a large infrastructure 10 so I'm really, really trying to trade off some of the 11 constraints of projects like this one at least. 12 I have drawn on my experience to take a 13 technical look at Waukesha's proposal, and this is 14 what I see. 15 request relative to their growth and development 16 goals. 17 (indiscernible) their regulatory obligations. 18 now really it's up to the council, and we're relying 19 on the Council to ensure the kind of accountability 20 that the Compact represents. 21 The City of Waukesha has developed a The Wisconsin DNR has evaluated the proposal And We're looking to the council to ensure that 22 the waters and the water-dependent natural resources 23 of the basin are effectively managed for the benefit 24 of the entire region. 25 Compact, which helps to lay out what accountability Gramann Reporting, Ltd. I looked at Section 419 of the (800) 899-7222 2/18/2016 Public Hearing Page 171 1 really looks like. 2 on diversions only if no other reasonable alternative 3 exists. 4 It allows a ban to the exception I agree with the speakers that have come 5 before me this afternoon that have pointed to 6 considerable between Waukesha's proposal and the 7 Compact's really very specific provisions for 8 diversion exceptions. 9 There is one issue that I believe is 10 critical when it comes to accountability, and that's 11 the fact that we've proven other alternatives are 12 available. 13 and dismissed a number of treatment and 14 (indiscernible) to meet Waukesha's expanded future 15 demand. 16 constrained by the EIS process. 17 own definition of what's reasonable when rejecting 18 options that can better protect the integrity of the 19 Great Lakes. 20 and the (indiscernible) of the process is really 21 focused on what's right for Wisconsin, but the 22 Compact requires council to review proposals with the 23 protection of the integrity of the Great Lakes in 24 mind and as the overarching principle. 25 Waukesha and the Wisconsin DNR evaluated But the (indiscernible) analysis was They relied on their Wisconsin's environmental review laws Holding all the Great Lakes accountable to Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 172 1 one another means pushing states to look to proven 2 alternatives diversion, we need a strong Compact and 3 we need a strong council to hold each state 4 accountable to protect the Great Lakes and their 5 waters from individual interests and agendas. 6 7 So we urge you to deny in its entirety Waukesha's request. Thank you. 8 MS. ADAMS: 9 AUDIENCE MEMBER: Thank you for your comment. I am not Marge. I'm 10 Carol Lombard, a former mayor of Waukesha. 11 here at 1:00 o'clock. 12 80-year-old husband is home recovering from bypass 13 surgery, my friends. 14 MS. ADAMS: I'm (indiscernible) my I will speak very quickly. Ma'am, if you would, please 15 identify who you are. 16 that didn't appear, so please proceed. 17 I was You are the third such speaker AUDIENCE MEMBER: Thank you. Carol J. 18 Lombardi, 200 South Greenfield Avenue, Waukesha. 19 I've lived in Waukesha 72 years. 20 eight years. 21 this water issue. 22 until 2006. 23 Milwaukee were on the very aquifer until Milwaukee 24 got Lake Michigan water in the beginning of the '60s. 25 At that time, that aquifer was already drawn down I was the mayor for I'm the genesis of the beginning of I was elected in '98, and I served To let you know, that Waukesha and Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 173 1 50 percent. 2 now are the victim of that drawdown. We got closer to the contaminants, we 3 To let you know that, if you want to Google 4 me, Lombardi. Lombardi was the other football guy; he 5 was a winner too. 6 community and loving this community as I have. 7 immediately met with the Milwaukee mayor, Tom, who 8 was here earlier, asking if Waukesha could be 9 considered as one of their buyers of the additional But I'm a winner working in this I 10 water that they no longer needed. 11 several meetings behind closed doors, that it didn't 12 seem that that could possibly happen. 13 I was told, after To let you know, Google all of this because 14 it did make the news. 15 radio, in fact. 16 this community is at this time of the history, please 17 endorse what we are requesting at this time for this 18 community. 19 I was on Canadian public But to share with you that where To also quickly tell you that I also worked 20 in the Waukesha schools. 21 now turned 80 last week, and I don't know how that's 22 happened, but to let you know that the school 23 district of Waukesha which has seven municipalities 24 and, again, I worked in the administration, et 25 cetera. I earlier retired at 57. I We currently have over 50 percent of our Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 174 1 student population of 13,000 that qualify for free 2 breakfast, lunch, et cetera. 3 So our statistics are coming from as to 4 what this community truly is, I call myself the 5 statue of liberty. 6 hungry, and your poor. 7 We have the affordable housing, we have all the 8 Social Services, we have the hospitals, the 9 communities of education, et cetera. 10 It was give us your tired, your Waukesha city opens its door. But to stress again to you, please consider 11 seriously. 12 water and that puddle of big water, or do we talk 13 about the value of the humanness and also the 14 wetlands that this community is in desperate need at 15 this time to have this. 16 Do we talk about again that teaspoon of Thank you very much. And to also tell you I was a travel 17 consultant and I have been in every one of your 18 states plus the two provinces, so thank you and 19 travel safely back. 20 MS. ADAMS: 21 Okay. Thank you. Thank you for your comment. It's now 6:00, this is the time that 22 we have scheduled for a 30-minute dinner break, and I 23 think we are all ready for a break, including the 24 court reporter who has been very diligent. 25 have quite a substantial number of forms here of Gramann Reporting, Ltd. We still (800) 899-7222 2/18/2016 Public Hearing Page 175 1 folks who are interested in speaking. 2 to hear from all of you. 3 as a person there's more than seventy forms still 4 here. 5 prepared to reconvene at 6:30 and continue to hear 6 your comments. 7 join us. We would love We recognize that for you It's going to take a while, but we are So we encourage you to come back and Thank you. 8 (Off the record at 6:00 p.m.) 9 MR. CHAIRMAN: Good evening. The hearing 10 will now resume. 11 I would like to say that we appreciate all of you 12 coming tonight. 13 think it was needed by many. 14 everyone for coming back, that is back. 15 continue to hear your comments. 16 thank everyone for, quite honestly, being very civil, 17 respectful, and polite tonight. 18 It is now 6:35 p.m. First of all, And I apologize for the break, but I We would like to thank We will I would like to I think it's a tribute to all of you, and 19 we don't always see that type of a thing, so it's 20 great. Thank you. 21 MS. ADAMS: 22 Welcome back everyone. Thank you, Mr. Chairman. We will continue 23 with our practice that we had where we will call four 24 or five names at a time and ask them to come to the 25 microphone, and the first person to speak after the Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 176 1 break here would be our 50th commenter of the 2 evening. 3 If Marty Balleon is here, we called him up 4 before. 5 Johnson. 6 Johnson, Wallace Sambrose. 7 and see what happens. Clare Vanderslice, Don Hammes, Barbara 8 I'm just throwing out five people. 9 Barbara Let's start with those Sir? AUDIENCE MEMBER: Members of the Regional Body and Governor's council, my name is Don Hammes. 10 I live at 3507 Valley Ridge Road in Middleton, 11 Wisconsin. 12 Muir Chapter, Executive Committee. 13 I am vice chair of the Sierra Club, John On behalf of the 15,000 members of the John 14 Muir Chapter of the Sierra Club of Wisconsin, I am 15 here to express the chapter's opposition to the City 16 of Waukesha's application to divert Great Lakes water 17 under the Great Lakes-St. Lawrence River Basin Water 18 Resources Compact. 19 As most everyone here knows, the Compact 20 bans water diversions outside of the Great Lakes 21 basin with very limited exceptions. 22 applying for a diversion must demonstrate that it has 23 exhausted all available options to obtain water. 24 City of Waukesha has most certainly not met this 25 burden. Gramann Reporting, Ltd. Any community The (800) 899-7222 2/18/2016 1 Public Hearing Page 177 In 2000, Waukesha was determined to be one 2 of more than fifty Wisconsin communities with too 3 much radium in its water. 4 asked to take action to make their water safe to 5 drink by 2006. 6 treatment and other means, but not the City of 7 Waukesha. 8 diversion option that promises to cost 150 million 9 more than a non-diversion alternative that would fix 10 11 These communities were Most did, by investing in radium Instead, Waukesha proposed a Great Lakes the problem. That alternative would enable Waukesha to 12 meet its drinking water needs by adding common sense 13 available treatment technologies to its deep 14 groundwater wells, while continuing to use its 15 shallow wells. 16 In addition, Waukesha's diversion 17 application is based not on the needs of its current 18 city residents, but rather on the purported needs of 19 households in Waukesha and portions of other 20 neighboring communities which are included in a far 21 larger water supply service area. 22 This expanded water supply service area 23 almost doubles the size of the City's current water 24 supply service area. 25 meet two of the Compact's central requirements. Gramann Reporting, Ltd. This expanded area fails to They (800) 899-7222 2/18/2016 Public Hearing Page 178 1 have not shown any real need for Great Lakes water, 2 and they have not demonstrated significant water 3 conservation efforts to date. 4 5 Moreover, there has been ample evidence provided by the National Wildlife Federation. 6 MS. ADAMS: Sir, your time is up. We 7 encourage you to submit your written comments. 8 you. 9 The next group. Thank Robert Winsett, Dennis 10 Briley, Jeff Garretson, Richard Hempkey, Michael 11 Hahn. 12 AUDIENCE MEMBER: I'm Dennis Briley. I 13 live in N9 W27353 Jacquelyn Drive. 14 City of Pewaukee, but within 100 feet of the City of 15 Waukesha. 16 Waukesha County that really promoted helping 17 Wisconsin to adopt the Great Lakes Compact, and I'd 18 like to see that we have reached this point where 19 you're here today listening to this application. 20 knowing the -- what the exact requirements are, this 21 application doesn't meet the requirements. 22 on the Waukesha County Water Conservation Council for 23 a number of years, and I learned a lot about water 24 conservation. 25 home, and found that we could save what the That's within the I worked with the group of people in Gramann Reporting, Ltd. But I served I tried those practices in my own (800) 899-7222 2/18/2016 Public Hearing Page 179 1 literature says, 20 percent -- 20 to 30 percent of 2 household water usage. 3 So to just speak about the water 4 conservation aspects of the failure to meet the 5 requirement, Waukesha has done the bare minimum, and 6 much of that is what they're going to do, not what 7 they have done. 8 incentive for people to replace older toilets, but 9 they could very well have paid the total cost of And as an example, they provided 10 replacing all the toilets -- older toilets in 11 Waukesha city, and it would be much, much lower than 12 the large cost that this diversion is going to cost. 13 Another example is the technology is coming 14 along for reuse of water in residences. 15 had some trial installations already. 16 to be costly, but shouldn't -- this isn't a cost 17 issue. 18 Waukesha be required to have their water technology. 19 There are many more, and I won't go on with them. 20 You probably know them. 21 that I'm on in the City of Pewaukee may go dry, but 22 that's my relationship with my City of Pewaukee to 23 make application. 24 people within the water utility area. 25 and ask the City of Pewaukee to apply at the point Waukesha has That's going Should we not have new homes coming to Gramann Reporting, Ltd. But at some point, the well Waukesha is supposed to speak for So I'll wait (800) 899-7222 2/18/2016 1 Public Hearing where I need it. Page 180 Thank you. 2 MS. ADAMS: 3 AUDIENCE MEMBER: Thank you for your comments. I'm Michael Hahn, Deputy 4 Director of the Southern Wisconsin Regional Planning 5 Commission. 6 City of Pewaukee. 7 opportunity to comment today. 8 9 And W239 N1812 Rockwood Drive in the And thanks very much for the In December 2010, the Regional Planning Commission published a Regional Water Supply Plan for 10 the entire seven-county Southeastern Wisconsin 11 Region. 12 advisory committee that included representatives from 13 municipal water utilities, county government, DNR, 14 Wisconsin Geological and Natural History Survey, U.S. 15 Geological Survey, (indiscernible), University of 16 Wisconsin Milwaukee faculty, and private industrial. 17 Preparation and planning was guided by an The plan objective was to make 18 recommendations for providing a sustainable water 19 supply for the entire region through the year 2035. 20 And the plan evaluated surface water and groundwater 21 supply sources and the effects of expanded shallow 22 well resources on surface water resources such as 23 streams, lakes, and wetlands. 24 alternative plans, the best combinations of surface 25 and groundwater supply including combinations of Gramann Reporting, Ltd. Four regional (800) 899-7222 2/18/2016 Public Hearing Page 181 1 shallow and deep aquifer wells, expansion of Lake 2 Michigan supply in the Great Lakes Basin, provision 3 of a Lake Michigan supply in selected Mississippi 4 River Basin consistent with the requirements of the 5 Great Lakes Compact, water conservation, and 6 groundwater recharge enhancement. 7 From those alternatives, two composite 8 plans were developed for the entire region. 9 components are clamshell municipal wells and storage Common 10 facilities. 11 Lake Michigan Basin for the surface water supply and 12 conversions of two straddling communities, New Berlin 13 and Muskego for the Lake Michigan supply, subject to 14 the terms of the Great Lakes Compact. 15 Conversions in selected areas of the Differences between the two composite plans 16 are, one, considered expanded shallow aquifer supply 17 from Waukesha, and the other considered Lake Michigan 18 supply for Waukesha. 19 requirements of the Great Lakes Compact. 20 Once again, meeting the The recommended plan calls for Waukesha to 21 seek a Lake Michigan supply consistent with the 22 requirements of the Company and state law, and the 23 plan specifically recognizes that more detailed 24 engineering, legal, and environmental analysis would 25 be required. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 182 Of all the options considered, the 2 recommended plan is considered to best provide 3 long-term sustainability of the deep aquifer, 4 reduction in the chloride discharges to surface 5 waters, and improvements to groundwater dry basin. 6 The plan was approved by the advisory 7 committee and adopted by the commission. 8 approved the City application despite (indiscernible) 9 that need to be placed on discharges to the Root The DNR 10 River, and we believe very strongly that those should 11 be reapplied. 12 Finally, the proposal by the City to obtain 13 a Lake Michigan supply subject to requirements of the 14 Compact and state law, is consistent with and would 15 serve to implement the region, and we respectfully 16 request that the Regional Body consider the forgoing 17 information and its conclusion in developing its 18 declaration plan. 19 MS. ADAMS: Okay. Let's try another group 20 of speakers. 21 Greg West, Mark Vegas, Mary Lynn Robinson. 22 of those folks here? 23 Bill Boyle, Brian Depies, D-e-p-i-e-s, AUDIENCE MEMBER: And any Thank you for this 24 opportunity to speak. 25 live at W143 N9867 Ridgebrook Lane, Germantown, Gramann Reporting, Ltd. My name is Brian Depies, I (800) 899-7222 2/18/2016 Public Hearing Page 183 1 Wisconsin. 2 and work in Waukesha county. 3 the Waukesha County Water Conservation Coalition, and 4 have been since 2010. 5 a few of the water conservation methods undertaken by 6 the Waukesha Water Utility, which I am familiar with 7 because of my involvement in this organization. 8 9 I'm a residents of southeast Wisconsin I'm also a member of I would like to share with you Sprinkling ordinance restrictions adopted and implemented, changes to the rate structure to 10 incentivize water conservation, a finding in fixing 11 water leaks program, educational programs and 12 partnerships, and many other programs implemented 13 over the last several years. 14 Approximately two years ago, the Waukesha 15 County Water Conservation Coalition broadly discussed 16 the implementation of a WaterSense-approved 17 irrigation systems within new residential 18 developments throughout Waukesha county. 19 we do that? 20 Waukesha Water Utility took this idea and recently 21 implemented their own irrigation rebate program for 22 the Cloverland Farms Development to incentivize new 23 residential construction to implement WaterSense 24 irrigation systems. 25 How could How could that possibly happen? The Based on this one recent example and my Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 184 1 previous personal experiences as a member of the 2 Waukesha County Water Conservation Coalition, 3 Waukesha Water Utility has implemented programs that 4 conserve water and promote water conservation for the 5 City of Waukesha. Thank you. 6 MS. ADAMS: 7 We'll go to the next group. 8 Ezra Meyer, Suzanne Share. 9 10 11 Thank you for your comments. If any of these people are here, please step forward to the microphone. Jeff Lang, Jeff Hoffmann. AUDIENCE MEMBER: I'm still here, and 12 thanks for still being here, you folks. I'm 13 appreciative of that. Water 14 Resources Specialist with Clean Wisconsin, long time 15 active member of the Compact Coalition. 16 is 634 West Main Street, Madison, Wisconsin, 53703. 17 Ezra Meyer here. The address Id like to build on the comments made by my 18 colleagues from Wisconsin Ground Basin and this 19 specifically addresses the reasonable water supply 20 alternative question. 21 standard for the Compact's exception under diversions 22 to straddling towns and communities. Clearly a key threshold 23 Through the iterations of the application 24 from Waukesha, we repeatedly see the community lead 25 unanswered the fundamental question: Gramann Reporting, Ltd. What source of (800) 899-7222 2/18/2016 Public Hearing Page 185 1 supply would Waukesha use going forward if Great 2 Lakes were not an option? 3 To this day the application fails to answer 4 this question, but how can any of us evaluate the 5 reasonable water supply alternatives lacking that 6 information. 7 requests to fill in this crucial information gap, our 8 coalition and Wisconsin's DNR were both forced to 9 undertake to examine what local groundwater experts Given that Waukesha ignored repeated 10 had long pointed out were better options for Waukesha 11 than those examined by the application. 12 We hired independent technical experts and 13 the department staff created a new alternative 14 scenario, and ran more appropriate models than those 15 chosen by Waukesha to evaluate impacts. 16 the department say those -- that option ran into some 17 trouble under Wisconsin's definition of reasonable 18 water supply alternatives, but that's only because 19 Waukesha's proposed greatly expanded service area 20 drives unjustified increased future water needs that 21 are frankly beyond any reasonable definition of 22 reasonable. 23 As you heard Given our legal and technical assessment of 24 the proposed expanded service area and its example 25 Compact and Wisconsin law problems, we quickly shift Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 186 1 our attention to a scenario we've come to call the 2 non-diversion solution. 3 current water supply service area would be served by 4 the utility going forward, with normal commercial, 5 industrial, residential development and attendant 6 water use and, of course, the required water 7 conservation efficiency measures. 8 9 Where essentially Waukesha's Our experts found that Waukesha could meet the water needs of that area both now and into the 10 foreseeable future with much less expense by simply 11 mixing additional water treatment on some of its 12 existing wells, and some additional infrastructure to 13 allow blending of water from the two aquifers the 14 utility currently uses and meet the state and federal 15 water quality laws. 16 dozens of other Wisconsin utilities have addressed 17 their radium issues with blending and/or treatment. 18 It's worth mentioning that We see no legal conflict with Wisconsin law 19 in defining Waukesha's best future water supply 20 scenario in this way. 21 Now, we understand that the department has 22 looked at the non-diversion solutions that were 23 introduced into the record last summer, and we're 24 reviewing that information with our experts and will 25 submit their analysis and response in writing before Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 187 your March deadline. 2 That said, though, given what we know now 3 (indiscernible) solution with a viable, feasible, and 4 reasonable alternative. 5 reasonable water supply alternative alone is grounds 6 denying this application. 7 reasonable alternatives is part of the high bar the 8 Compact set for exceptions to the ban on divisions 9 and granting Waukesha's request would (indiscernible) The existence of this Proof of a lack of 10 and lower that bar, setting an extremely bad 11 precedent. Thank you. 12 MS. ADAMS: 13 Okay. Thank you for your comments. I see no other speakers from that 14 group. 15 Marcia Mueller, Luisa Pieche, P-i-e-c-h-e, Carol 16 O'Neill, Paul Cling, Bob Hall, Matthew Nuremburg, 17 Patricia Maise, Gregory Francis Byrd, Patrick 18 Henderson. 19 Let's call another group. AUDIENCE MEMBER: Paul Hudson, Good evening, everybody. 20 As I have said, Pat Henderson. 21 public affairs for Quad/Graphics. 22 commercial printing company with locations in 21 23 states including every one of the states that is up 24 there on the stage. 25 have about 7,000, just over 7,000 employees, I'd say Gramann Reporting, Ltd. I'm the director of Quad is a large So -- and here in Wisconsin we (800) 899-7222 2/18/2016 Public Hearing Page 188 1 about 5,000 of those live and work in or around the 2 Waukesha area here. 3 In a previous life I was Deputy Secretary 4 of Wisconsin DNR and I was Governor Doyle's 5 representative among the Great Lakes governors during 6 the Compact negotiations, as well as led his efforts 7 to enact Wisconsin's legislation. 8 see some familiar faces up there. 9 So it's nice to I have got to say, I find it curious that 10 the water service area has generated as much 11 controversy as it has today, as it has been and was a 12 key part of both the regional Compact negotiations as 13 well as the Wisconsin (indiscernible) legislation, 14 was to build off the idea services should not be 15 limited by municipal boundaries, but rather by water 16 service areas. 17 This was done to build off of Wisconsin's 18 highly successful wastewater treatment laws that 19 encourages cooperation of one community to combine 20 efforts to control local costs which results in 21 multiple communities being served by one water 22 supplier and to assure that the water supply system 23 serving multiple communities that there would only be 24 one application submitted by the water supply 25 authority rather than multiple jurisdictions making Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 189 several requests for small amounts of water. 2 And by using water service areas we ensure 3 that decisions are made utilizing the long-term water 4 use projections. 5 jurisdictions are using sound planning with realistic 6 population growth as well as actual industrial needs. 7 Additionally, it ensures that During the Compact negotiations, it became 8 clear that in every state and in Canada there were so 9 many potential jurisdictions that we simply could not 10 list them all for fear that we would unintentionally 11 miss them. 12 ensure that enough flexibility that would include 13 necessary service areas, and it was from these 14 discussions that we developed the language 15 (indiscernible). 16 Therefore, Wisconsin proposed a change to It should be noted that no one objected to 17 the water supply service areas during the regional 18 Compact negotiations, nor did anyone object to or 19 report that the area violated the Compact when 20 Wisconsin limitation bills passed in a bipartisan 21 basis in 2008, and then ratified by the U.S. 22 (indiscernible) whose job it was to ensure that the 23 state and -- each state had adopted Compact-compliant 24 laws. 25 Wisconsin's (indiscernible) legislation Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 190 1 includes water service area in an effort to comply 2 with the Compact acceptance standard, and the state's 3 (indiscernible) apply to all applicable municipal, 4 state, and federal laws. 5 means service area being here. And in Wisconsin, that 6 So I just would give you -- I hope that you 7 give a lot of weight to the presentation you heard at 8 the beginning of the day by the Wisconsin DNR, 9 because I think it answers a lot of the questions. 10 And we certainly encourage you to be supportive of 11 the application. Thank you. 12 MS. ADAMS: 13 We will read through another list of forms. 14 Thank you for your comment. David Allen Sartori. 15 AUDIENCE MEMBER: 16 MS. ADAMS: Sartori. Sartori. Okay. So you will be 17 first. Let me read a couple more names. 18 Conye. Someone who lives on Samaritan Court in East 19 Troy who didn't put their name on the form. 20 you're here come on down. 21 Slatey, Wally Marks, Eric Coldwater. 22 please step forward. Mr. Sartori, your comments? 24 AUDIENCE MEMBER: gentlemen. If Joanne Chansey, Peter 23 25 Jeffrey If you're here Good evening, ladies and My name is David Sartori, and I live at Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 191 1 6000 South Buckhorn Avenue in the beautiful City of 2 Cudahy, Wisconsin. 3 I would first of all like to welcome all of 4 the panelists to this hearing, and I would like to 5 extend an appreciation by me on how respectful and 6 attendant this panel has been during the two past 7 days that I have been observing you. 8 the course of my life, attended a few public 9 hearings, and in any event, I want to especially I have, during 10 extend a very warm welcome to our dear friends in 11 Canada who are here. 12 Lake Michigan. 13 of Lake Michigan. 14 The City of Cudahy borders on My home is precisely 1 kilometer west I support the application by the City of 15 Waukesha. 16 support science. 17 through the City of Milwaukee is appropriate or 18 whether a diversion through the City of Oak Creek is 19 appropriate. 20 state that I support this. 21 I've listened for the past two days. I I don't know if a water diversion All I want to do is go on the record to This past September, my wife and I took a 22 nine-day cruise on our Great Lakes. 23 Chicago and we ended in the beautiful City of 24 Montreal. 25 21 percent of our planet's fresh water is in our five We left from I just want to say that I know that Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 192 Great Lakes. 2 Again, I don't think the City of Waukesha 3 is doing anything frivolous. 4 future, the future health of the City of Waukesha, I 5 think it qualifies as an exception under the Compact. 6 And, again, I want to thank all of the panelists and 7 thank you for your very respectful and attentive 8 attention to the speakers. 9 MS. ADAMS: I think for their Thank you. Thank you for your comments. 10 Sir, your name? 11 AUDIENCE MEMBER: 12 Walter R Marks, M-a-r-k-s. 13 Drive in Greendale, Wisconsin. 14 suburban community of Milwaukee. 15 Good evening. My name is I live at 5850 Riverside That's a southwest I've got a couple of things on my mind, and 16 I am speaking for myself. 17 the water request, the terms "most reasonable" and 18 "best" are often tossed around for tentative 19 solutions. 20 are and how heavily they are weighted in the 21 decision-making process. 22 to be environmental, health, reliability, like a 23 pipeline that might suffer from a construction 24 accident, quality and economy. 25 In the media coverage of I don't know for sure what the criteria The factors involved seem Speaking on quality and economy, I would Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 193 1 like to point out that Waukesha is not a poor 2 community. 3 of Wisconsin. 4 Pewaukee and whatnot, are rather affluent. 5 observation is that wealth tends to emphasize quality 6 over economy. 7 careful to differentiate between wants and needs. 8 9 Probably on average wealthier than most The cities further west, Delafield and And my So I would like to request that you be Perhaps Waukesha is too focused on quality, and especially with the affluent communities they 10 intend to serve, it would be a tough sell if water 11 was standing, if it smells. 12 fixed, and that brings up another subject and that is 13 competition for attracting wealthy individuals and 14 businesses to Waukesha in competition with Milwaukee. 15 Lake Michigan water is I believe that Waukesha will, in the 16 future, promote their beautiful city as having water 17 as good as Milwaukee. 18 thing. 19 leads to more transportation, and we have an air 20 quality problem here in Southeastern Wisconsin; a 21 blend of gasoline and ethanol and all that kind of 22 stuff. 23 24 25 That's a political type of But getting right to the point, urban sprawl So consider respiratory. MS. ADAMS: Your time is up, sir. We would welcome your written comments as well. AUDIENCE MEMBER: Gramann Reporting, Ltd. Thank you all. (800) 899-7222 2/18/2016 1 Public Hearing MS. ADAMS: Page 194 So I will go through some more 2 speaker forms and see who is here. 3 C-o-r-r-e-s. 4 five or six names and see what happens. 5 Shelobrick, Jennifer Bolger Breceda, Laurie Longtine. Peggy Wolf, Tracy -- I'll read about 6 Yes, ma'am. 7 AUDIENCE MEMBER: 8 Vivian Corres, Tracy Good evening. A couple of things. 9 MS. ADAMS: Identify yourself, please. 10 AUDIENCE MEMBER: 11 Drive, Waukesha Wisconsin. 12 district 7 of Waukesha, I was on the water utility 13 board for a year and studied this issue in-depth. 14 The points that were made by the DNR in the 2:00 -- 15 the 2:00 show that we had here, are the issues that 16 I'm speaking to today. 17 Peggy Wolf, 223 Debbie As a former alderwoman, Over the years, since this debate began, 18 and I was there when it began, whatever concerns the 19 conservation group has voiced, the water utility has 20 answered. 21 these complaints into means that now we hear repeated 22 from here to New York state, op-eds in Minneapolis, 23 Grand Rapids, Michigan, that I know about. 24 are talking points that are here and if you review 25 the Sierra Club's quarterly publication that they But the conservation groups have turned Gramann Reporting, Ltd. And there (800) 899-7222 2/18/2016 1 Public Hearing mail out to members. Page 195 I'm a card carrying member. 2 But when I got on the City council, when I 3 realized that my vote was for my 4500 people, when I 4 went to the water utility meetings and I saw the 5 engineers with the reports, we looked at the 6 conditions of the wells, we looked at maps of 7 southeast Wisconsin going into northern Illinois, and 8 you see the drawdown map for year after year after 9 year, the red, the very deepest, is -- it comes out 10 of Waukesha county, it's going under Waukesha, and it 11 moves forever west. 12 So when people say there is adequate 13 amounts of water, how many years into the future are 14 we looking. 15 looking twenty, fifty years into the future. 16 trying to say, okay, it's not a crisis now, your -- 17 house values in Waukesha have not gone to zero 18 because there's no water and we all have to buy 19 houses in Wauwatosa so we can take a shower. 20 not going to get there. 21 prudent planning. 22 Dan Duchniak and the water utility are Why should we? We're We're That's not And so you take the issues that Waukesha 23 didn't do their homework, that we all need to be very 24 scared, that this is the first diversion, and so on. 25 MS. ADAMS: Gramann Reporting, Ltd. Thank you. That's your three (800) 899-7222 2/18/2016 1 Public Hearing minutes. 2 AUDIENCE MEMBER: 3 MS. ADAMS: 4 Feel free to submit your AUDIENCE MEMBER: Would you like the magazine? 7 MS. ADAMS: 8 AUDIENCE MEMBER: 9 Yes, ma'am. written comments as well. 5 6 Page 196 Certainly, thank you. Hi, I'm Jennifer Bolger Breceda, Executive Director for the Milwaukee 10 Riverkeeper, and I'm also a member of the Compact 11 Implementation Coalition. 12 On behalf of the CIC and all its partners 13 and thousand and thousands of members around the 14 Great Lakes, I want to thank the Compact Council for 15 the opportunity to comment on the proposal by 16 Waukesha. 17 staff at the DNR has done for many years and the 18 iterations of Waukesha's application. 19 want to thank the individual members of the Regional 20 Body for coming here today and listening to the 21 important comments that we bring you. 22 to many of you also for hosting public comment 23 periods in your own states and provinces. 24 25 We appreciate all the hard work that the And I also And thank you Before I begin I just want to make a quick comment that many of the names that you are calling Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 197 1 are likely individuals who came to testify and 2 express their opposition of this application. 3 a bus of over twenty people come, and they were not 4 able to stay past a certain time and they had to 5 leave. 6 We had And I thought you should be aware of that. The (indiscernible) water diversions 7 outside the Great Lakes Basin with limited 8 exceptions. 9 Lakes water is precedent-setting test of the Compact. The City of Waukesha request for Great 10 And as several of you agreed yesterday during a 11 briefing, it's critical that we get this right. 12 simply the process, but the standards and the 13 ultimate decision. 14 the law, and let me tell you why. 15 Not This request is deficient under Including the expanded service area in 16 Waukesha's water diversion application and asking you 17 to approve an application on the pretext the state 18 law will create funding on loop holes and corrupt the 19 essence of the Great Lakes Compact. 20 Waukesha's application does not meet the 21 definition of community need because it includes 22 further areas and entire communities outside of city 23 limits that have their own sufficient groundwater 24 supplies and yet they need Great Lakes water in order 25 to implement a planned conservation (indiscernible). Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 198 1 Waukesha's application does not meet the 2 requirements of the Compact because an independent 3 technical analysis done on the state of the art 4 treatment technology Waukesha can provide local, 5 safe, and sustainable water supply at half the cost. 6 It doesn't need to use the antiquated expensive 7 technology of a pipeline. 8 9 Waukesha has not done all it needed to do to implement water conservation (indiscernible) to 10 reduce water use in the expanded service area is not 11 implemented (indiscernible). 12 Waukesha does not meet requirements that 13 Compacts require any diversion to protect and sustain 14 the physical, chemical, biological integrity of the 15 receiving water. 16 as impaired for excessive phosphorus and sediment. 17 The DNR (indiscernible) discharge will potentially 18 result in a significant lowering of water quality 19 over some of the discharge pollutants from Waukesha 20 return flow; peet, phosphorous, and chloride. 21 The Root River is federally listed MS. ADAMS: Your time is up. That's your 22 three minutes. 23 will encourage to submit in writing your additional 24 comments. 25 Thank you for your comments. AUDIENCE MEMBER: Gramann Reporting, Ltd. And I Thank you, I will. (800) 899-7222 2/18/2016 Public Hearing 1 AUDIENCE MEMBER: Page 199 Laurie Longtine, W271 2 S3581 Oak Knoll Drive, Waukesha. 3 the Town of Waukesha, therefore an involuntary 4 resident of the expanded water service area, and, 5 therefore, part of the City's diversion application. 6 I'm a resident of My organization, the Waukesha County 7 Environmental Action League opposes this application 8 for many significant reasons, but I speak today about 9 the expanded water service area. For the last 16 10 years, not only have I lived it, but I'm living in 11 it. 12 miles of rural and semi-rural lands and townships 13 that have stated that they do not now need and do not 14 foresee a need for municipal water. 15 water service area nearly doubles in size the 16 existing water service area. The water service area encompasses 22 square 17 The expanded The City of Waukesha currently uses 18 6.6 million gallons of water a day, but the amount it 19 asks for is up to 16.7 million gallons per day, an 20 indication that it is more concerned with future 21 growth than addressing the needs of its current 22 residents. 23 expanded water service area rely entirely on private 24 wells and septic systems. 25 the means nor the inclination to institute even basic Existing residents and businesses in the Gramann Reporting, Ltd. The townships have neither (800) 899-7222 2/18/2016 Public Hearing 1 water conservation measures. 2 measure baseline water use. 3 Page 200 In fact, cannot even The City's ignorance of this obvious fact 4 and its inclusion of these areas in its application, 5 regardless, demonstrate the lack of seriousness with 6 which it treats the Compact's conservation 7 requirement. 8 annexation of hundreds of acres outside its then 9 borders, approved subdivisions large and small, For decades Waukesha embraced the 10 courted commercial sprawl, and permitted multi-unit 11 buildings without asking if it even had the means to 12 supply the growth, and while claiming crisis of 13 radium contaminated water and a drop of the ground 14 water table. 15 Yesterday you were taken on a bus tour of 16 infrastructure, you were in and out of the expanded 17 water service area, but I'm guessing that wasn't 18 mentioned. 19 stretch of State Highway 1, both sides with big box 20 retail, commercial, and industrial development, 21 completely outside the City's borders, but completely 22 within the expanded service area documented on the 23 City's land-use plan. 24 25 What else did you not see? A 5-mile You also didn't get an accurate map showing the size of the expanded water service area in Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 201 1 relation to the current water service area, the one 2 you were shown was -- showed the existing and 3 expanded service areas as if they were one. 4 The expanded water service area, plus the 5 City of Waukesha, fails to meet the definition of a 6 community, fails to justify its need, and fails to 7 meet the exception standards of the Great Lakes 8 Compact. 9 trust Waukesha to set this most critical precedent 10 Please fail its application. for the Great Lakes Compact. Please do not Thank you. 11 MS. ADAMS: 12 Now I'll go through the next group of Thank you for your comments. 13 speaker forms. 14 like F-o-n-s. 15 Steve, Schmuki, S-c-h-m-u-k-i. 16 Paul Thornton, Sandy Hamm. 17 AUDIENCE MEMBER: Riley Ballot. Gerry Fons, it looks Sharon Majewski, M-a-j-e-w-s-k-i. Steve Baas, B-a-a-s. Good evening. My name is 18 Steve Schmuki, and I'm the president of the Waukesha 19 County Environmental Action League, and almost 20 forty-year-old grass roots environmental organization 21 here in Waukesha County. 22 resident of the Town of Waukesha, part of a requested 23 expanded water supply area. 24 Diversion Application. 25 I'm also a life-long We oppose the Waukesha We didn't always oppose the diversion Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 202 1 application, and, in fact, for years we have awaited 2 a diversion application that we could support. 3 years we have been assured that the application would 4 set a high-bar precedent for any diversions to 5 follow. 6 to the mayors, the Common Council, the citizens, and 7 the Wisconsin DNR. 8 not been adequately addressed within the letter and 9 the spirit of the Great Lakes Compact. 10 For For years we have articulated our concerns For years, those concerns have For years we have hoped that Wisconsin DNR 11 would fulfill its duty to uphold the tenets of the 12 Compact and protect the world class resource we are 13 so lucky to have. 14 conservation organization partners, we have advocated 15 for the strongest protections possible in the Great 16 Lakes Compact. 17 possibility that these world class waters could be 18 protected from the threats that are in the trends 19 that have become in the future. With our environmental and We knew that the Compact held the 20 We believe in the promise of the Great 21 Lakes Compact, that diversions outside the Great 22 Lakes Basin will be subject to the great scrutiny, 23 the most stringent standards, and only approved, if 24 ever, when there was absolutely no other option. 25 Today and every day since 2008 when the Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 203 1 Compact was signed by President Bush, we've also 2 worked to uphold the integrity of the Compact and 3 thus the Great Lakes themselves. 4 has been nothing but that. 5 Our mission is and To the GL governors, Canadian premiers, 6 (indiscernible), it's in your hands now. 7 your hands to keep the promise of the Great Lakes 8 Compact. 9 And it's in Today an application is before you that 10 meets neither the letter or the spirit of the 11 Compact: 12 at best, a conservation plan that fails to implement 13 its own measures for meeting its own deadlines. 14 water service area, as you've heard, that includes 22 15 square miles of rural and semi-rural lands and 16 townships that have stated that they do not now need 17 nor do they foresee a need for Great Lakes water. 18 city that seeks an amount of water that is nearly 19 three times the amount that it currently uses, a city 20 that has spent years and millions of dollars 21 attempting to avoid compliance with the EPA's radium 22 standard and is now using the issue to gain advantage 23 other under the Compact. 24 25 Conservation measures that are incomplete This is a big deal. A A Ladies and gentlemen, the region's eyes are upon you; our eyes are upon Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 204 1 you. 2 application, uphold the integrity of the Great Lakes 3 Compact, and keep the promise that was made. We respectfully ask that you deny Waukesha's 4 MS. ADAMS: 5 AUDIENCE MEMBER: Thank you for your comment. Good evening. My name is 6 Sandy Hamm. 7 the Town of Waukesha. 8 (indiscernible), and his son Joseph was my second 9 cousin. Milky Way Road. Life-long resident of My great, great uncle was And each in turn ran our water utility. 10 Even back then, radium was a problem for the water 11 utility. 12 plan to take the City's (indiscernible), clean it, 13 and put it back into the Fox River downstream and 14 build a lake to reuse the water. 15 Before retirement Joe was involved in a The City of Waukesha is in the business of 16 growth; they make no secret of it. 17 opposition to the exceptional allowed by the Compact, 18 as it is adding land to the water service area that 19 doesn't need Great Lakes water. 20 for more water than it now uses. 21 growth, not for those currently here. 22 This is in Waukesha is asking This is to support The City has annexed nearly countless acres 23 and expanded internally all while being unable to 24 supply clean water to their current population. 25 should make it clear to this body how little the City Gramann Reporting, Ltd. That (800) 899-7222 2/18/2016 1 Public Hearing Page 205 of Waukesha respects the region's natural resources. 2 The City of Waukesha has exercised no 3 restraint while under the EPA's orders. 4 City has annexed many hundreds of acres from the Town 5 of Waukesha so the owners can tap into the City's 6 water and sewer resources, resources the City doesn't 7 even have. 8 9 Recently the As I speak, land developers are adding hundreds of new apartments along with a Meijer store. 10 The City has proven they will not await federal or 11 state dictates and has shown their intention is to 12 grow endlessly, and not to serve the constituents for 13 which it is currently responsible. 14 When a community doesn't have the resources 15 they currently need, the responsible thing is to stop 16 expanding. 17 housing and they happen to have water. 18 didn't develop on Lake Michigan by accident. 19 population that needs water should move to the water, 20 not the other way around. 21 should stay put, not move to Waukesha and expect the 22 water to follow them. Milwaukee County has plenty of space and Milwaukee The And folks in Milwaukee 23 Based on the City of Waukesha's blatant 24 disregard for the EPA's orders, expanding all the 25 while, I believe surrounding states should deny Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 206 1 Waukesha's unwarranted request. 2 due with what it has. 3 Stop annexing and adding apartments hand over fist. 4 Can't anyone say no anymore? 5 prayers; sometimes the answer is no. Waukesha should make The water table is rising. God answers all 6 Thank you. 7 MS. ADAMS: 8 Now we will go through the next group of 9 Thank you for your comments. speaker forms and see who is here. Dawn Crowley, Tim 10 Lowry, L-o-w-r-y, Duane Paulson, Mary Clare Lancer, 11 Michael Neeley, and Fred Hess. 12 AUDIENCE MEMBER: Do we have a speaker? I'm Duane Paulson, 1121 13 Summit Avenue, Waukesha, Wisconsin. 14 serve as the Waukesha County Supervisor, I have for 15 18 years, and I was the City alderman for three 16 years, and didn't run for reelection. 17 an alderman during the 2010 timeframe when we 18 forwarded on the application. 19 and one person voted against it, wanted to delay the 20 vote for two weeks, but was in favor of the 21 application. 22 to go to Lake Michigan for water, and my opponent was 23 just the opposite, and I won the election by 24 57 percent. 25 I currently However, I was The vote was 14 to 1, Also I was very outspoken about having During that time, some -- when you get this Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 207 1 far down the trough, this is what I have to say -- 2 during that time, there was reason that you could use 3 other water; you could use the quarry, use the Fox 4 River. 5 bizarre was, "As long as it rains, we will have 6 water." 7 And one of the statements that was quite I was surprised to hear from the woman from 8 Chicago not wanting to approve the application in 9 Waukesha when Chicago pumps 2.1 million gallons of 10 water back out of Lake Michigan with no return. 11 There has been a lot of study into this. 12 lot of science involved in it. 13 didn't start happening the last few years. 14 firefighter in the City of Waukesha and we knew that 15 the water was dropping every year. 16 and ask you to do that. 17 There is a The drawdown just I was a So I would take What we would like is sustainable and safe 18 water. 19 you never sit in the shade of a tree that you plant 20 today. 21 are important. 22 when you're 21, you can drink; when you turn 65 you 23 get Social Security and Medicare. 24 privileged to reach that point at 75 where I don't 25 have to take off my shoes at the airport now. One thing that you can say is vision is when Well, you have certain things in life that Gramann Reporting, Ltd. When you turn 16, you're driving; I just was So, (800) 899-7222 2/18/2016 Public Hearing Page 208 1 you know, you have to look forward to something while 2 you're here, make every day I have left worth it. 3 4 And I hope that (indiscernible) was your table, I'm sorry. 5 But I'm here to -- I didn't think I needed 6 two-and-a-half minutes, but today I'm here, I'm not 7 for myself, they can't spoil the water bad enough for 8 me, but I look for the next generation, my 9 grandchildren and so forth, I hope you look at that. 10 Rhetoric makes good theater, but science is 11 what you're looking at. 12 look at it, and we spent five years putting it 13 together, so I would hope you would approve the 14 application. 15 I appreciate you sitting here through all of this. So I would hope you will Thank you very much for your time, and 16 MS. ADAMS: 17 The next group of speakers forms that I Thank you for your comments. 18 have, Nancy Gloe, G-l-o-e, Andy Andre, David Ullrich, 19 DeMaris Kenwood. 20 And Mary Adelmeyer. AUDIENCE MEMBER: Hi, my name is Nancy 21 Gloe. 22 Brookfield. 23 Lakes and I recognize the importance of this 24 incredible resource. 25 I live at 19355 Bennington Drive in I'm here because I care about the Great I would like to say that I'm in favor of a Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 209 1 diversion if Waukesha truly needs the water; the 2 question is: 3 answer to that question is not clear to me. 4 are two issues that I would like to raise here, 5 though. 6 Does the City truly need it? The There First, I disagree with what some of the 7 other speakers have said previously. 8 our regional water supply plan is poor. 9 eastern New Berlin and Menomonee Falls use Lake 10 Michigan water, the eastern part of the City of 11 Brookfield does not. 12 around here, I should say those are all straddling 13 communities to the Great Lakes. 14 Brookfield is heavily populated. 15 why that's important. 16 The quality of While And since you guys aren't from And the City of So -- and here is I understand that the sandstone aquifer is 17 currently recovering, if we had a better regional 18 water supply, and the eastern portion of Brookfield 19 was on Great Lakes water, Waukesha might not have 20 needed to apply for this diversion. 21 My suggestion is that we insist that a good 22 regional water supply plan be in place, with teeth, 23 and that would be a prerequisite for a Great Lakes 24 division application. 25 protections of the Compact one big notch. Gramann Reporting, Ltd. To do any less would lower the (800) 899-7222 2/18/2016 1 Public Hearing Page 210 Second, the City of Waukesha has increased 2 their water service area by 40 percent. 3 should be for the City of Waukesha, not neighboring 4 communities. 5 with this expanded water service area, and I know 6 that speakers have spoken more eloquently than I, so 7 I'll just suffice it to say, to allow this would be 8 to lower the protections of the Compact another big 9 notch. 10 The water The application should not go through If we let the Waukesha application lower 11 protections of the Great Lakes by these two big 12 notches, presumably additional lowering will happen 13 in the future. 14 don't necessarily have a problem with Waukesha 15 getting Great Lakes water. 16 allows us to go through without a sound regional 17 water supply plan in place and with the expanded 18 water service area, however, it would be remiss. 19 Where will it all end? Again, I If the Regional Body The City plan to treat radium in the short 20 term and resubmit their application when these two 21 glaring shortcomings have been addressed -- and by 22 the way, in the City of Brookfield, that raised my 23 water, but that's the right thing to do. 24 25 MS. ADAMS: Your time is up. Thank you. Thank you for your comments. Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing AUDIENCE MEMBER: Page 211 Good evening. My name is 2 Dave Ullrich. 3 Chicago, and I'm appearing on my own personal behalf 4 tonight. 5 to the panel members and your staying power as truly 6 impressive. 7 Waukesha, thank you for your hospitality. 8 9 I live at 852 West Wolfram Street in Let me add my admiration and appreciation And I want to add to all the people from This is a very straightforward matter. The service area is not a community under the Compact. 10 There are more than one reasonable alternatives that 11 Waukesha has, and I think we have heard from people 12 who live along the Root River what the implications 13 are for the return flow through that direction. 14 I want to add that, although I'm very 15 pleased with the big turnout here in Waukesha, I 16 would say that this is hardly a representative of the 17 Great Lakes and St. Lawrence Basin. 18 that it is incumbent upon the Regional Body and the 19 Compact Council to hold public hearings in each one 20 of the jurisdictions. It seems to me 21 I'm very happy that Michigan went ahead, 22 Minnesota did, other jurisdictions are having some 23 opportunity to comment. 24 important because this is not representative of the 25 Great Lakes community. Gramann Reporting, Ltd. But I do think it's very I'm glad some people have (800) 899-7222 2/18/2016 Public Hearing Page 212 1 traveled from New York, Ohio, and Minnesota to come 2 here, but a lot of people are not able to come to 3 Waukesha, and I think it's important to hear from 4 them directly. 5 6 Thank you very much and I know you'll make the right decision. 7 8 MS. ADAMS: Thank you very much for your comments. 9 AUDIENCE MEMBER: Hi. My name is Mary 10 Adelmeyer. 11 have been a part of the team that has worked to 12 create and implement the utility's conservation 13 program. 14 City of Waukesha. 15 utility has been criticized for not implementing all 16 the activities in its conservation plan. 17 it has stated that the utility has not done anything 18 to reduce its high peak demand and that we have not 19 implemented any mandatory ordinances except the 20 sprinkling ordinance. I work at the Waukesha Water Utility. I In addition, I'm also a resident of the I am here tonight because the And tonight These statements are not true. 21 First, the utility has focused on 22 conservation activities that has given us the biggest 23 bang for the buck, likes the outdoor conservation 24 initiatives. 25 strategy, Waukesha is ahead of its conservation And because of our implementation Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 213 goals. 2 In 2006, Waukesha Water Utility was the 3 first municipality in the state of Wisconsin to 4 implement an annual sprinkling ordinance. 5 ordinance applies to all the customers in the City of 6 Waukesha. 7 and bans all daytime sprinkling between the hours of 8 9:00 a.m. to 5:00 p.m. 9 This It goes into effect in May through October In addition to the sprinkling ordinance, 10 the utility uses other tools to encourage outdoor 11 conservation. 12 signs acknowledges those who are conserving and 13 encourages their neighbors to do the same. 14 utility has also helped to achieve a rain barrel 15 program with the Waukesha School District. 16 promote the rain barrel program for the school and 17 for the county, along with promoting the county's 18 rain garden program. 19 For instance, "My brown lawn is green" The And we And we did implement a pilot irrigation 20 rebate program. 21 Cloverland Farms subdivision can get a rebate when 22 they install a WaterSense irrigation controller. 23 These controllers have timers and moisture sensors 24 and some interpret the weather and landscape 25 conditions. Gramann Reporting, Ltd. Customers in the newly developed (800) 899-7222 2/18/2016 1 Public Hearing Page 214 We also implemented an irrigation plumbing 2 ordinance that requires all newly installed, altered, 3 or replaced irrigation systems to have a WaterSense 4 irrigation controller programmed to the City's 5 ordinances. 6 So the statements that the opponents have 7 made are not correct. 8 initiatives are reported in the annual PSE reports. 9 On average, Waukesha uses less water in the summer The success of the outdoor 10 than it did before these tools were implemented, even 11 during extreme drought conditions of 2012. 12 When comparing Waukesha's summer usage to 13 its neighboring communities who have the same weather 14 conditions, Waukesha uses a lower proportion of water 15 in the summer than its neighbors. 16 outdoor initiatives, along with the utility's others 17 conservation programs, motivates us to focus and 18 implement our conservation activities that give us 19 the maximum results. 20 MS. ADAMS: 21 The next group of speakers: The success of the Thank you. Thank you for your comments. Pete Van Horn, 22 Lynn Broadeus B-r-o-a-d-e-u-s, Courtney Nagel, 23 Valerie Kraemer, Brittany Hoffmann, Lisa Conley, 24 Trace Tarot. 25 AUDIENCE MEMBER: Gramann Reporting, Ltd. Thank you. I'm Lynn (800) 899-7222 2/18/2016 Public Hearing Page 215 1 Broadeus, 537 North 67th Street, Wauwatosa, 2 Wisconsin, 53213. 3 the opportunity to provide comments on this 4 precedent-setting application for Great Lakes water. 5 I am Lynn Broadeus, president of Broadview Good afternoon and thank you for 6 Collaborative Incorporated, a firm which focuses on 7 water challenges in the region and for the country as 8 a whole. 9 years at the Johnson Foundation at Wingspread leading My professional experience includes six 10 a high profile national conversation of water. 11 conversation that begun in part because of the issues 12 raised during the deliberations around the Great 13 Lakes Compact and its ratification. 14 The My comments today focus on Waukesha's 15 alternatives, and the alternatives analysis that's a 16 required part of the City's application for Great 17 Lakes water. 18 incomplete and out of date and does not begin to 19 reflect the options that are available to Waukesha to 20 provide a safe and sustainable healthy water supply 21 for its residents. 22 I believe the alternatives analysis is Waukesha's alternatives analysis was done 23 in 2002, and only seriously examined additional wells 24 as an option for new water sources. 25 stands still for the analysis and options presented, Gramann Reporting, Ltd. While time (800) 899-7222 2/18/2016 Public Hearing Page 216 1 the water technology revolution has been moving 2 forward. 3 around radium removal, which are definitely evolving, 4 and the suggestions from Ezra Meyer and the Compact 5 Implementation Coalition, CIC, for other 6 alternatives, it's certainly valid, but we also need 7 to take a serious look at water reuse. 8 for astronauts anymore. 9 more cities, sometimes in the buildings scale, and 10 Other speakers have mentioned technologies It's not just It's being used by more and sometimes for the City as a whole. 11 Most of these cities are clustered in Texas 12 and California, but there's no reason why the same 13 technologies can't be applied here in the Great Lakes 14 region. 15 turnkey technologies that you can buy the size of a 16 washing machine. 17 can recycle gray water from homes for use in outdoor 18 irrigation or for toilet flushing. They're being 19 used in communities in California. There is no 20 reason that we shouldn't be able to use them here. 21 Rainwater markets is using technology to Today there are companies making These are stand-alone units that 22 capture rainwater at the building scale and treat it 23 and use it on-site for best external and potable use 24 is being used in Austin, Texas and other parts of the 25 country to supply more water and groundwater becomes Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 217 scarce. 2 I do hope you will push back on the 3 submitted alternatives and ask yourself whether they 4 meet your expectations, especially given that our 5 region is trying to brand itself a water center, a 6 center for water innovation and leadership. 7 we deserve an up-to-date and forward-thinking 8 analysis of the options. 9 Surely I would also question demand projections. 10 Given that their demand has been declining in 11 response to conservation efforts, I think their 12 projections of increased use defy common sense. 13 Thank you very much. 14 MS. ADAMS: 15 16 Thank you very much for your comments. AUDIENCE MEMBER: Hello. I'm Lisa Conley, 17 516 Lac La Belle drive in Oconomowoc. 18 on behalf of myself, but I was a member of the 19 Regional Wisconsin Water Supply Advisory Committee 20 and also a past president of the North American Lake 21 Management Society. 22 had access to some of the best in the world 23 concerning lakes. 24 25 I'm speaking While I'm not a scientist, I've It's a wonderful organization. Some of the concerns I had is that the water supply plan as developed was, as Linda just Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 218 1 said, I tried to get the community to accept an idea 2 that rainwater capture would be a water source, and 3 that was rejected by the committee. 4 addressed, I think, in the conservation area, but I 5 think it's much more than that. 6 rolling state (indiscernible). 7 here, but there's plenty of water coming down from 8 the sky that could be used in capture as it is in 9 other communities in this country and around the 10 It was We're a green You can't tell from world. 11 The lawn water thing. It really gets me 12 because people are watering their lawns a couple 13 times a week, in Waukesha, with the treated drinking 14 water, and they get -- they charge less for that than 15 for the rest of the water that goes to our house 16 because they don't have a sewer trench for the return 17 flow. 18 on their yard that is treated drinking water. 19 So they get a discount on the water they use A lot of places in the world would think 20 that was crazy to do, and in a place where there is 21 such little in supply, the water that could create 22 this whole issue, I think that's a mistake. 23 The Compact is supposed to protect the 24 biological integrity of the Great Lakes, and the 25 return flow, while it may be cleaner than what's in Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 Public Hearing Page 219 1 the Root River, still has added chloride to Lake 2 Michigan. 3 I live on Lac La Bell, which 4 (indiscernible) and we have a study for the Regional 5 Planning Commission (indiscernible) phosphorus comes 6 over the dam, and it's cleaner than the water in the 7 lake, so how could it be the source of phosphorus, 8 but it's because of the loading. 9 there's a lot of (indiscernible) that keeps coming 10 in, and it stays in the lake because the lake is a 11 settling basin. 12 It can be clean but So it concerns me greatly, because 13 everybody loves Lake Michigan and the fish are 14 already impacted because, we've had such changes in 15 the fish due to (indiscernible) and all kinds of 16 things. 17 unregulated chemicals into the lake. 18 19 (indiscernible) community's effort, but I want to thank you for the opportunity to speak and thanks for your patience. 20 MS. ADAMS: 21 AUDIENCE MEMBER: Thank you for your comments. Good evening. My name is 22 Courtney Nagel. 23 Waukesha and currently reside at S25 W29160 Cambrian 24 Ridge in the town of Genesee. 25 accountant at the Waukesha Water Utility and I'm Gramann Reporting, Ltd. I was born and raised in the City of I am a senior (800) 899-7222 2/18/2016 Public Hearing Page 220 1 going to speak to you tonight about the conservation 2 efforts employed by the businesses in Waukesha. 3 I'm qualified to tell you about their 4 efforts because, as an accountant, when the utility 5 provides incentives for these businesses to install 6 water saving measures, I see the checks go out. 7 Contrary to what you've heard earlier 8 tonight, the utility has over 25 conservation 9 partners in the commercial and industrial classes. 10 In the last ten years, the utility has coordinated 11 water products, conservation education, and 12 subsidized the replacement of water technology 13 including installation of prerinse sprayups. 14 During this time, 81 percent of our 15 business partners have produced measurable water 16 savings. 17 and over 175 million gallons of water has been saved. 18 The utility has written $65,000 in checks, The opponents to this application would 19 like you to believe that the utility and its 20 commercial and industrial customers have done nearly 21 nothing to conserve the water. 22 the case. 23 greatly to our overall goal to achieve 10 percent in 24 measurable water savings from 2015. 25 say that we are ahead of schedule in meeting that This simply is not Our efforts with businesses contribute Gramann Reporting, Ltd. We are proud to (800) 899-7222 2/18/2016 1 goal. Public Hearing Page 221 Thank you. 2 MS. ADAMS: 3 AUDIENCE MEMBER: Thank you for your comments. My name is Valerie 4 Kraemer. 5 Town of Oconomowoc in Waukesha county. 6 support of the City's application to borrow water 7 from Lake Michigan. 8 over thirty years, and I come from a family of avid 9 hunters and fishermen who have been watching this 10 I live at N64 W34012 Bayview Road in the I'm here in I have lived in the county for project unfold. 11 We are concerned about Wisconsin's 12 wildlife, lakes, and rivers, and we believe the 13 project is the best option with the least impact on 14 wetlands and other natural resources. 15 MS. ADAMS: Thank you. Thank you for your comments. 16 We will go through a few more forms and see if we 17 have anyone else. Did we call Brittany Hoffmann 18 already? James Harrah, Angela Rufenberg, 19 R-u-f-e-n-be-r-g. 20 Akmut. We did. Donna Scholl, S-c-h-o-l-l. Tariq And Todd Stair. 21 AUDIENCE MEMBER: So I'm Angela Rufenberg. 22 My address is 2814 West 78th Street in the City of 23 Milwaukee. 24 public's opportunity for participating in commenting 25 as part of the review process. And I'm here today to address the Gramann Reporting, Ltd. Clearly this is a (800) 899-7222 2/18/2016 Public Hearing Page 222 1 complex and emotional situation, and so in the spirit 2 of the Compact, the public should be given as many 3 opportunities to learn and comment on the project as 4 is reasonable. 5 happened. 6 comply with state law regarding open meetings as it 7 met with city officials in 2007 and 2008 to discuss 8 the Lake Michigan diversion. 9 And, unfortunately, this hasn't The Waukesha Water Utility failed to Instead, they we went into closed session 10 and took action behind closed doors. 11 this closed session was cited as a discussion of 12 strategy relative to our long-term water options as 13 well as radium compliance with the council. 14 The reason for I believe these items should be open to the 15 public. 16 State statute, closed door meetings should be 17 reserved for bargaining, independent items, or items 18 personal in nature. 19 about the long-term water strategy that the water 20 didn't want to share with the public? 21 these conversations could have been (indiscernible) 22 or bargaining? 23 where the water would be coming from, where it would 24 be returning to, and much less the cost of each 25 option. They are, after all, public health. Per At this early dates, what was it What part of The water utility had yet to finalize It seems the public was unnecessarily left Gramann Reporting, Ltd. (800) 899-7222 2/18/2016 1 Public Hearing Page 223 out of these conversations. 2 On May 1, 2010, the initial diversion 3 application was submitted by the Waukesha Water 4 Utility. 5 with the utility to gather more information and 6 develop a more complete application. 7 2011, the public was invited to comment on the 8 process as it stood so far. 9 utility submitted a second application, and on 10 11 The Wisconsin DNR then spent years working In July of In December of 2011, the October of 2013, they submitted a third application. After this third application, the public 12 was, again, invited to comment. 13 good, except that the application was thousands of 14 pages in length and the public had approximately one 15 month to comment. 16 gather this information, and we had one month? 17 goal of the Compact is full public participation; 18 however, from the beginning there has been a lack of 19 transparency. 20 closed door sessions and it has continued throughout 21 the private and public comments. 22 This would have been It took the utility years to The It started with the utility turning to It appears that the diversion is a foregone 23 conclusion rather than something that you wish the 24 public taking part in. 25 MS. ADAMS: Gramann Reporting, Ltd. Thank you for your comment. (800) 899-7222 2/18/2016 Public Hearing 1 2 AUDIENCE MEMBER: Page 224 Good evening. My name is Tariq Akmut of 2032 Empire Drive, Waukesha. 3 I'm a City of Waukesha resident, I'd like 4 to welcome all of you who have traveled many, many 5 miles to come here. 6 In my younger days, I took a Greyhound trip 7 out west of the United States, went north up to 8 Canada, and ended up in the Canadian province of 9 Quebec. And only a few years ago, we drove to visit 10 our friends in Winnepeg, and, of course, went to 11 visit beautiful Kenora and our friends in those areas 12 in Canada. 13 So great water is a goal of all of us. I 14 grew up in an area where water is scarce, and fully 15 understand the challenge of that. 16 to welcome my friends from Illinois, specifically 17 Chicago area, because they probably used the C in the 18 Chicago Bears emblem that actually comes here from 19 Waukesha, from this very college that you are 20 attending this great session at. 21 And I would like Waukesha's application has been 22 comprehensive. 23 have attended a number of meetings of the Water 24 Utility Commission and have in the past commented on 25 these issues. Gramann Reporting, Ltd. It has been open for discussion. I We have implemented water conservation (800) 899-7222 2/18/2016 Public Hearing Page 225 1 activities. 2 at anything. 3 diversion is not going to divert Lake Michigan or 4 other Great Lakes going out west to New Mexico or 5 Arizona like the former govern in that area suggested 6 many years ago. 7 Can we do better? Anyone can do better This application by Waukesha for It is for this Great Lakes area. Yes, the 8 physical barrier you have water that flows to the 9 Lake Michigan watershed, and water that flows to the 10 Mississippi River watershed. 11 the hydraulic boundaries have changed, and actually 12 the movement, because of the depletion of the 13 aquifers, actually in a sense puts water -- puts 14 Waukesha in the Lake Michigan watershed. 15 But -- but underground, So I ask you to approve this application. 16 This is your first application for diversion, and 17 being first sometimes is not the best, but you 18 will -- I'm sure that it will put your due diligence 19 and make -- and apply conditions so that Waukesha can 20 have that water, and even the area that shows up as 21 the greater service area, may in the future need the 22 water as the aquifer keeps getting depleted. 23 24 25 Thank you for your attention and have a safe trip back. MS. ADAMS: Gramann Reporting, Ltd. Thank you for your comments. (800) 899-7222 2/18/2016 1 Public Hearing AUDIENCE MEMBER: Page 226 Good evening. My name is 2 Donna Scholl, and I live at 34215 Davies Drive in 3 Oconomowoc, Wisconsin. 4 I have a master's degree from the 5 University of Wisconsin Madison School of Business 6 and am a certified public accountant. 7 administrative services manager with the Waukesha 8 Water Utility, I am accountable for the 9 implementation of the 2012 conservation plan. 10 As the Some have said that the plan was never 11 implemented. 12 could be further from the truth. 13 business strategy, the 2012 plan documents several 14 elements that must be used to guide utilities' 15 efforts. 16 summary states, "Utility is to target cost effective 17 measures that produce the highest potential savings, 18 and it is to change which measures are implemented in 19 order to achieve those first two goals." 20 I am here to tell you that nothing As with any good The second page of the plan's executive Detractors have worked hard to create an 21 impression that the drafted plan was not implemented 22 just because two of the ten activities listed in the 23 executive summary have been deferred. 24 activities, rebates for shower hats and urinals. 25 original plan estimated that by the end of 2016, the Gramann Reporting, Ltd. These two The (800) 899-7222 2/18/2016 Public Hearing Page 227 1 utility would have helped to replace 94 shower heads 2 and five urinals. 3 The Alliance for Water Efficiency estimates 4 that each water-efficient shower head and urinal 5 saves 2,100 and 6,200 gallons of water per year 6 respectively. 7 utility chose to focus on the other eight activities 8 in the plan. 9 dedicated to shower heads and urinals was focused Instead of these two activities, the The staff time that would have been 10 instead on tailored incentives for our business and 11 commercial customers. 12 Each of our business/commercial efforts 13 saves on average 1.7 million gallons of water per 14 year. 15 reducing consumption by 102 million gallons per year 16 by 2030 is highlighted annually in our report to the 17 Wisconsin Public Service Commission. 18 Progress towards the utility's goal of Waukesha Water Utility adapted the plan and 19 is ahead of its conservation goal, because unlike 20 it's detractors, it chose not to focus on shower 21 heads and urinals. Thank you. 22 MS. ADAMS: 23 I have two other forms of folks who were Thank you for your comments. 24 not here in the first half. 25 they returned: (indiscernible), Amanda Payne. Gramann Reporting, Ltd. I will call them in case Are (800) 899-7222 2/18/2016 1 2 Public Hearing Page 228 either of them here and wish to speak? So we have some other people who are here. 3 We went through all the speaker forms, and I still 4 probably have 40 forms here of people who are not 5 here to speak tonight. 6 But we still have people in the room. So I 7 would ask if there is anybody else in the room who 8 wishes to speak who has not yet spoken? 9 Going once, going twice. Seeing no further 10 speakers, I think that it's time to conclude the 11 public comment session. 12 their patience and attention, it's been a very 13 interesting debate and a lot of good comment. 14 will turn it back to our chair. And I thank everybody for And I 15 MR. CHAIRMAN: 16 At this time, we want to thank you for your Thank you. 17 attendance, this hearing is now closed. 18 record remain open until March 14, 2016 for receipt 19 of written comments. 20 Thank you for attending. Let the Are we prepared 21 to adjourn or are there other procedural matters that 22 we must address. 23 We are adjourned. Thank you. (Proceedings concluded at 7:58 p.m.) 24 25 Gramann Reporting, Ltd. (800) 899-7222 1 2 STATE OF WISCONSIN ) ) SS: MILWAUKEE COUNTY ) 3 4 5 I, Carla J Miller, Registered 6 Professional Reporter and Notary Public in and for 7 the state of Wisconsin, do hereby certify that I have 8 carefully compared the foregoing pages with my 9 stenographic notes, and that the same is a true and 10 11 correct transcript. I further certify that I am not a relative 12 or employee or attorney or counsel of any of the 13 parties, or a relative or employee of such attorney 14 or counsel, or financially interested directly or 15 indirectly in said action. 16 17 Dated at Milwaukee, Wisconsin, on this ________ day of ____________________, 2016. 18 19 20 21 ________________________________ Carla J. Miller Registered Professional Reporter Certified Realtime Reporter Notary Public 22 23 24 25 My commission expires May 15, 2019 2/18/2016 WORD INDEX <$> $45,000 91:12 $5,000 37:15 38:1 $65,000 220:16 $72 72:14 <0> 0201 46:23 <1> 1 66:4, 4, 7 107:1 122:9 191:12 200:19 206:18 223:2 1,000 159:19 1,785 148:24 1.1 141:3 1.3 19:1 1.39 108:3 1.5 13:3 1.6 146:4 1.7 227:13 1.91 108:4 1:00 172:11 10 2:21, 23 22:5 30:15 31:3 46:23, 25 220:23 10.1 13:10 19:17 21:6 30:19 157:6 100 27:18 28:4 34:3, 4 43:21 149:1 178:14 100,000 145:23 1000 90:8 100-year 30:24 1011 71:23 102 227:15 10th 73:16 11 23:16 11.1 22:19 23:8 162:3 1121 206:12 12 8:21, 22 22:4 23:13 91:10 121:24 142:11 12.1 19:14 121 132:10, 16 122 47:4 123 143:5 1240 129:22 127 132:11 12th 5:6 49:2 13 54:15 13,000 174:1 14 6:12 8:21, 25 42:15 49:4 107:22 206:18 228:18 14,000 148:4 14th 49:1 15 18:12, 13 59:5 66:10 149:2 229:23 15,000 141:2 176:13 15.6 30:20 150 86:6 124:5 177:8 16 71:5 90:23 101:9 Public Hearing 199:9 207:21 16.7 162:4 199:19 17 57:8 107:19 170 57:22 1712 77:18 175 220:17 18 1:9 90:23 140:5 154:10 206:15 1819 150:24 1845 110:16 115:25 18th 2:16 47:3 19 138:12 1932 148:25 19355 208:21 1948 69:7 195 145:21 1969 140:6 1974 140:7 1980s 161:23 1987 109:2 1990s 63:13 1998 79:15 1999 107:6 <2> 2 25:1 30:23 59:9 2,000 106:3 148:17 2,100 227:5 2.1 207:9 2.4 106:2 2:00 2:16 47:15, 19 194:14, 15 20 35:20 132:3 138:12 179:1, 1 200 86:19 172:18 200,000 106:3 2000 90:19 148:13, 14 177:1 2001 73:16 2002 215:23 2006 20:4 72:2 90:19, 20 91:3, 9 106:18 172:22 177:5 213:2 2007 106:18 122:5 169:23 222:7 2008 77:17 91:13, 20 100:21 110:23 122:12 189:21 202:25 222:7 2009 61:2 98:24 122:8 201 2:20, 22 46:21 54:8 90:18 145:20 2010 2:21, 23 14:2, 2 46:23, 25 90:21 95:7 114:6 180:8 183:4 206:17 223:2 2011 14:22 223:7, 8 2012 20:5 40:2 81:9 90:21 214:11 226:9, 13 2013 14:16, 23 122:16 141:21 148:10 223:10 2014 16:14 40:23 149:18 2015 15:3 16:4 27:3 148:25 149:4, 8 165:7 220:24 2016 1:9 2:17 5:5, 6 6:15, 19, 25 7:10 47:3, 9 49:1 69:2 165:22 226:25 228:18 229:17 2018 16:13 37:14, 22 91:9 149:17, 19 2019 229:23 2021 149:20 2030 227:16 2032 224:2 2035 180:19 207 113:20 20-acre 86:2 20-year 19:19, 21, 24 21 7:10 8:9, 19 187:22 191:25 207:22 21st 10:19 22 6:15, 19 14:11 23:16 60:7 141:21 199:11 203:14 223 194:10 23,000 14:17 24 23:4 108:11 153:17 2428 105:22 25 8:14 21:21 88:9 89:22 94:13 142:2 159:22 220:8 250 17:20 2538 97:12 26 169:18 2700 132:3 2717 159:16 28 31:4 2814 221:22 29 120:12 295 148:25 <3> 3 3:14 30:24 86:1 122:9 3,000 22:11 3,000-page 60:4 93:4 148:18 3,000-plus-page 65:16 3:00 44:6 3:07 44:6 30 52:9 62:21 107:11, 22 149:17 179:1 300 85:15 30-minute 174:22 30th 122:23 312 127:2 32 146:7 34215 226:2 3430 108:21 3507 176:10 3-minute 94:22 Page 1 4 122:9 157:22 4,600 54:19 4.6 23:20 4:43 120:19 4:55 120:19 40 101:17 103:23 124:8 150:5 210:2 228:4 40,000 103:2 412 100:3 419 170:24 426 148:1 164:2 4260 134:15 444 166:13 45 146:6 4500 195:3 47,000 156:22 48 157:20 493A 165:11 494B 165:2 49770 164:3 <5> 5,000 122:1 188:1 5:00 213:8 50 117:21 173:1, 25 50th 176:1 516 217:17 53 142:2, 8 53202 116:1 53213 215:2 53402 69:8 537 215:1 53703 184:16 54 114:10 57 173:20 206:24 5850 192:12 5-mile 200:18 <6> 6 22:4 101:7 6,200 227:5 6.6 199:18 6.7 22:17 23:21 40:24 41:9 162:3 6:00 120:23 174:21 175:8 6:30 175:5 6:35 175:10 60,000 159:21 600 40:19 6000 191:1 6004 102:22 60601 124:6 60606 132:4 60s 172:24 61 150:5 634 184:16 65 207:22 66th 69:7 67th 215:1 <4> <7> Gramann Reporting, Ltd. 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accountant 219:25 220:4 226:6 accurate 200:24 achieve 132:22 213:14 220:23 226:19 achievement 149:19 Achilles 118:21 acknowledge 68:5 acknowledges 213:12 ACLU 116:3 acoustics 51:19 acres 141:3 200:8 204:22 205:4 Act 27:3 34:11 41:1 64:24 112:21 127:25 action 177:4 199:7 201:19 222:10 229:15 active 184:15 activists 106:2, 3 activities 75:25 212:16, 22 214:18 225:1 226:22, 24 227:6, 7 actual 4:20 19:18 50:3 128:25 138:9 189:6 Adams 45:7, 12, 16 57:3 62:8 65:1 67:2 69:4 71:19 73:10 74:24 77:14 79:3 82:4 84:22 87:14 89:3 90:16 92:12 94:9, 18, 23 97:7 99:20 100:1 102:20 105:16 110:14 113:11, 15 115:22 117:24 120:11, 20 121:16, 19 124:1 126:25 129:11, 24 131:20 134:13 136:12, 15, 23 139:23 141:24 142:3, 22 143:1 145:13 147:24 150:13, 20 153:9 156:5, 9 159:4, 6, 12 161:5 163:19, 22 166:11 169:9, 11 172:8, 14 174:20 175:21 178:6 180:2 182:19 184:6 187:12 190:12, 16 192:9 193:23 194:1, 9 195:25 196:3, 7 198:21 201:11 204:4 206:7 208:16 210:24 212:7 214:20 217:14 Gramann Reporting, Ltd. 219:20 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32:25 37:24 39:7, 18, 24 40:11 43:7, 8 46:16 48:1, 14, 15, 16 50:19, 23 51:3, 3, 7 52:12, 13, 14, 18 57:3 82:4 87:14 89:3 92:12 94:9 99:20 110:20 120:14, 23 126:23 147:24 148:15 149:4, 5 153:9 161:5 166:15 172:8 174:20 180:7 190:12 196:15, 22, 25 204:4 211:23 222:3 223:7, 12, 15, 25 228:11, 13 commentary 91:20 commented 224:24 commenter 176:1 commenters 120:12 137:19 commenting 221:24 comments 3:11, 19 4:21 6:8, 10, 11, 13, 14, 20, 22 8:22, 23 9:1, 12 10:21 12:13, 14 15:6, 13, 18 16:3 17:11 18:16, 17 19:15 20:2, 7 21:9 22:9, 11 24:3, 18 31:25 36:1 40:1, 14 44:21 45:10, 24 47:6 48:2, 3, 9, 14, 19, 22, 25 49:3, 5, 15, 16 50:15, 25 51:12 52:5, 20, 22, 23 53:14 62:9 67:2 69:4 71:19 73:10 74:24 77:14 79:3 84:23 86:25 87:17 90:16 97:7, 20, 22 102:20 103:5 105:16 110:14 113:15 115:22 116:4, 4, 10, 14, 15, 18 117:9, 24 120:11 Public Hearing 122:24 124:1 126:23, 25 129:11 131:20 132:7, 8 134:13 142:23 145:13 149:12 150:20 159:7 163:18, 19 164:25 166:11 167:22 169:12 175:6, 15 178:7 180:2 184:6, 17 187:12 190:23 192:9 193:24 196:4, 21 198:22, 24 201:11 206:7 208:16 210:25 212:8 214:20 215:3, 14 217:15 219:20 221:2, 15 223:21 225:25 227:22 228:19 comments, 52:16 comments@Waukesha 9:2 comments@WaukeshawD iversion.org 48:12 comment-taking 45:13 commercial 59:9 130:23 186:4 187:22 200:10, 20 220:9, 20 227:11, 12 Commission 17:25 28:11 38:6 43:22, 22 56:1 77:19 79:13 95:8 154:5, 14, 22 155:14 180:5, 9 182:7 219:5 224:24 227:17 229:23 Commissioner 65:7 81:7 commit 133:6 commitment 66:22 96:24 161:16 committee 72:20 95:12, 17 124:12 160:9 176:12 180:12 182:7 217:19 218:3 committees 118:7 commodity 77:23 78:17 common 23:11 28:10 38:6 43:19 56:23 65:8, 10, 11, 13 71:22 72:2, 3 78:15 121:25 177:12 181:8 202:6 217:12 Commonwealth 97:12 Communication 118:3 communities 33:6, 9, 11, 15 34:7, 9 37:3, 7, 9 40:18, 22 41:16, 18, 18 60:24 63:22 70:18 71:11 78:13 88:4, 23 89:17 92:5, 7 93:16, 23 95:14 101:20, 23 103:24 104:6, 10, 24 105:1, 6 107:21 108:8 114:6, 14 116:25 119:8 125:2 126:17 131:14 142:14 151:16 152:9, 10, 11, 13, 25 158:10 163:8, 12 166:4, 7 Gramann Reporting, Ltd. 168:3, 12 174:9 177:2, 3, 20 181:12 184:22 188:21, 23 193:9 197:22 209:13 210:4 214:13 216:19 218:9 community 9:11, 16 13:6 17:13 18:3 33:8, 17 46:6 54:22 55:17, 22 57:6, 22, 23 61:2 63:23 64:18 68:7, 18 78:24 83:17 87:6 91:17 98:23 100:13, 15 102:5 104:5 105:8 116:23, 25 117:2, 6, 12 125:13, 24 128:4, 17 134:2, 4, 16 135:13, 22 142:17 147:1, 4 156:24 159:19 165:13 168:18 173:6, 6, 16, 18 174:4, 14 176:21 184:24 188:19 192:14 193:2 197:21 201:6 205:14 211:9, 25 218:1 community's 133:2 219:16 community-wide 81:9 COMPACT 1:2 2:4, 7, 12, 15, 20, 25 4:9, 13, 25 5:3, 17, 21, 23 6:17 7:19, 24 8:14, 15 9:10, 14 10:15, 20 12:7 18:2 28:13 35:9 44:2, 9, 12, 18, 24 45:22 46:2, 3, 11, 13, 19, 22 47:1, 10, 22 49:17 50:8, 10, 13 55:25 57:2 59:24, 25 60:12, 14, 15, 18 61:6, 18 62:6 63:6, 7, 22, 25 64:2, 17 66:19, 23 67:7, 9 69:22 70:2 73:5 74:12 76:18 77:10 78:3 79:17 81:4, 24 82:9 84:5, 17, 17 91:1, 16, 21, 23 92:4 94:4, 6 95:5 97:16 98:4, 24 99:7, 19 100:9, 12, 14, 18, 21, 23 102:3, 10, 17, 19 103:3 104:3, 7, 13, 15, 25 105:2, 12 108:9 109:11 110:9, 10, 19, 22 111:7 112:6 115:15 117:3 118:3, 5, 14, 18 119:10 120:9 122:11, 21 123:8 124:14 127:15, 17 128:7 129:1 133:3, 7, 9 134:6 135:10 136:1, 3 137:12, 18 139:12 146:11, 19, 23 147:13, 14, 16, 22 149:16 151:5, 11, 23 153:6 154:1 155:25 157:9, 12, 15 158:4, 7, 9, 13, 16 160:5, 7 161:20 Page 7 164:7, 8, 9, 14, 19, 25 165:12 166:5, 16 167:4, 11, 16, 19 168:7, 17, 22 169:3, 22, 24 170:1, 20, 25 171:22 172:2 176:18, 19 178:17 181:5, 14, 19 182:14 184:15 185:25 187:8 188:6, 12 189:7, 18, 19 190:2 192:5 196:10, 14 197:9, 19 198:2 201:8, 10 202:9, 12, 16, 16, 21 203:1, 2, 8, 11, 23 204:3, 17 209:25 210:8 211:9, 19 215:13 216:4 218:23 222:2 223:17 Compact-compliant 189:23 Compacts 152:25 198:13 Compact's 100:13 101:3 117:5 118:6, 12 120:2 171:7 177:25 184:21 200:6 companies 58:10 159:19, 25 216:14 Company 77:3 133:5 181:22 187:22 compared 83:8 107:18 229:8 comparing 214:12 comparison 30:25 competition 193:13, 14 compile 32:7 complaints 194:21 complete 42:9, 13 67:22 123:6 223:6 completed 28:7 37:13, 14 72:15 95:8 completely 71:9 106:8 127:19 130:25 200:21, 21 completing 104:14 complex 80:10 222:1 compliance 12:2 34:10 37:21 38:2 39:3 91:12 119:10 130:8 149:17 150:3 203:21 222:13 compliant 84:5 98:10, 12 99:12 complies 94:4 comply 20:21 23:22 27:2 115:15 130:17 138:19, 19 190:1 222:6 components 169:7 181:9 composite 181:7, 15 comprehensive 58:15 95:20 96:15 114:15 130:14 224:22 comprise 30:23 comprised 38:18 145:21 compromises 157:17 (800) 899-7222 2/18/2016 conceivably 8:18 concentration 36:10 concentrations 24:9, 10 32:12 35:19 concept 97:21 104:16 141:9 concern 128:6 131:9, 10, 11, 12 146:24 152:19 concerned 26:3 60:20 70:13 77:9 90:9 95:14 101:5 111:4 113:8 128:8, 11 131:3 139:4 161:13 199:20 221:11 concerning 217:23 concerns 21:9, 12, 23 97:23 102:8, 16 111:6 115:19 116:12 126:8, 9 157:4 167:20 194:18 202:5, 7 217:24 219:12 concise 66:12 conclude 3:14 228:10 concluded 16:9 21:17, 20 26:12 93:12 119:20 162:16 228:23 concludes 17:2 111:21 conclusion 36:6, 24 71:15 84:15 89:10 113:12 115:11 146:21 147:18 182:17 223:23 conclusions 90:14 concur 109:18 concurred 56:22 condition 72:18 conditions 10:25 24:21, 25, 25 30:1 56:2, 3 138:18 195:6 213:25 214:11, 14 225:19 conduct 45:13 Conference 4:7 28:14 79:6 102:12 confidence 122:18 confident 73:4 122:13 123:17 126:11 configuration 41:22 configured 16:18 35:11, 12 41:1 conflict 147:16 186:18 conflicting 170:9 Congregations 116:6 congress 63:12 91:24 124:19 146:12 Conley 214:23 217:16 connect 20:20 connected 26:11, 13 86:11 139:6 158:25 consensus 8:10, 13 50:3 consequences 109:15 155:17 158:11 Consequently 138:5 conservancy 59:1 conservation 11:10 12:1 19:13 20:1, 4, 17, 22 21:1 27:10, 11, 15 Public Hearing 39:23 40:2, 6 70:24 81:10, 20 83:22 93:7 96:19, 20, 21 103:23 106:7, 8, 25 107:16, 19, 25 108:8, 11, 14 117:3 119:15 130:11, 12, 18, 25 131:8, 16, 17 133:20 141:9 146:5 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consulting 137:22 consumption 103:22 107:21 227:15 Gramann Reporting, Ltd. consumptive 11:14 111:10 contact 49:18 contacted 87:6 contain 50:5 contains 95:22 148:10 contaminant 43:10 contaminants 26:23 142:13 173:1 contaminated 61:8 149:13 200:13 contamination 80:15 82:18 83:23 86:19, 21 103:11, 21 138:23 154:7 contend 111:2 contested 51:9 context 104:4 114:11 continent 108:25 continue 6:7 20:5, 11, 13 58:23 69:1 78:15 81:17 86:2 96:10 107:14 121:5 156:20 175:5, 15, 22 continued 59:13 61:16 223:20 continues 119:23 continuing 177:14 continuous 80:11 contract 20:21 149:6 Contrary 220:7 contribute 220:22 contributed 95:18 contributing 26:16 contributor 167:2 control 15:17 19:16 20:16 80:11 151:20 188:20 controller 213:22 214:4 controllers 213:23 controversy 87:1 188:11 conversation 51:20 76:3, 14 77:13 215:10, 11 conversations 78:7 222:21 223:1 conversion 96:3, 5 97:1 Conversions 181:10, 12 convert 53:23 convey 5:12 53:22 convinced 160:21 Conye 190:18 cool 111:18 cooperation 81:22 88:2 89:18 96:17 114:12 188:19 coordinated 220:10 coordination 45:14 copy 116:13 Corey 117:9 corners 123:15 Corporation 108:24 Corps 78:13 correct 135:4 214:7 Page 8 229:10 Corres 194:2 C-o-r-r-e-s 194:3 correspondingly 79:17 corridor 13:22 corrupt 197:18 Cory 62:11 69:6 cost 21:20 43:14 62:24 68:20 106:11 109:13, 16 110:8 115:3 133:15 147:8 162:23 177:8 179:9, 12, 12, 16 198:5 222:24 226:16 cost-effective 26:6 costly 179:16 costs 21:23 38:15 107:23 188:20 COUNCIL 1:2 2:4, 7, 12, 12, 15, 21 3:1 4:10, 25 5:4, 18, 21, 23 6:17 7:19 8:15, 15 9:10, 14 10:15, 15, 16, 20 12:8 28:11, 14 38:6 43:19, 23 44:2, 9, 12, 17, 18, 24 45:22, 22 46:13 47:1, 10 49:18 50:8, 10 56:23 65:9, 10, 12, 13 67:7, 9 69:16 71:22 72:2, 4, 5 78:15 85:4 102:19 105:25 109:19 121:25 133:6 134:18 155:25 157:12 161:9 164:2, 21 166:19 170:2, 18, 19, 21 171:22 172:3 176:9 178:22 195:2 196:14 202:6 211:19 222:13 Council's 46:22 164:4 counsel 45:8, 12 229:12, 14 counties 37:4 60:24 62:5 countless 204:22 countries 88:23 country 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watched 79:15 watching 105:7 221:9 Water 2:9, 11, 14 9:16, 23, 23 10:1, 3, 3, 6 11:10, 10, 13, 15, 17, 18, 20 12:1 13:3, 10, 11, 13, 13, 15, 21 15:19 16:9, 10, 13, 15 17:1, 6, 13, 17 18:4, 21, 22 19:5, 8, 13 20:1, 17, 20, 21 21:2, 4, 7, 14, 19 22:9 23:5, 23 24:4, 7, 12, 21 25:12, 20 26:7, 8, 13, 20 27:1, 2, 6, 7, 10, 11, 18 28:11 29:15, 21, 22, 23, 24 30:2, 4, 13, 15, 19 31:10 34:3, 4, 11, 13, 23, 24 35:6, 6, 10, 21, 22 36:11, 13, 18, 19, 25 37:15, 17 38:4, 5, 6, 10, 18, 19, 19, 21, 25 39:23 40:2, 6, 17, 21, 23 41:1, 12, 23 42:6, (800) 899-7222 2/18/2016 10, 13 43:1, 2, 16, 21, 22 44:14, 17 45:19, 21 46:1, 2, 6, 14 49:16 50:1 51:14 54:18, 20 55:18 56:14, 15 58:16 59:12, 21, 23 60:2, 11, 25 61:5, 8, 8, 10, 10, 21 62:4, 18, 20, 23 63:3, 20, 21, 24 64:3, 7, 16 65:5, 7, 21 66:2, 4, 18 67:13, 18, 20, 22, 25 68:3, 15, 17 70:9, 11, 17 71:17 72:1, 11, 15, 17, 24 73:21 74:4, 14, 19 75:4, 9 76:24, 25 77:19, 23 78:2, 16, 21 79:12, 19, 22, 23, 25 80:10, 25 81:10, 15, 19, 25 82:8, 15, 23 83:2, 8, 16, 18 84:16 85:12, 19, 22 86:4, 7, 11, 13, 14, 22, 23 87:21, 23, 25 88:22 89:6, 10, 11, 14, 24, 25 90:4, 10, 13 91:7, 18 92:6, 17, 24 93:6, 7, 9, 13, 14, 22 95:4, 5, 6, 9, 10, 12, 19, 21, 25 96:2, 3, 6, 8, 19, 20, 21, 22, 24, 25 97:2, 18 98:2, 2, 10, 12, 24 99:2, 3, 6, 12, 23 100:16, 17 101:7, 11, 14, 20, 22, 25 102:5 103:9, 12, 19, 21 104:7, 11, 16, 20, 21 105:9 106:6 107:2, 5, 7, 9, 10, 12, 19, 19, 21, 24 108:1, 4, 11 109:23, 23 110:2, 7, 24, 25 111:1, 2, 9, 11, 12, 14, 17, 22 112:21 114:22, 24 116:19, 23, 25 117:13, 14, 20 118:23, 24, 24 119:2, 13, 15, 18, 24 120:2, 7 121:23 123:5, 24, 24 124:24 125:3, 4, 7, 14, 23 126:4, 14, 16, 17, 18 127:16 128:7, 19, 21 129:5, 5 131:2, 4, 5, 6 132:20 133:1, 11, 16, 20 134:12, 19, 21, 22, 24 135:2, 5, 8, 15, 19 136:6 137:6, 8, 14, 22 138:3, 9, 12, 17, 20, 22 139:3, 11, 19 140:16 141:1, 10, 12, 15, 19 142:2, 11, 13, 16, 19 143:8, 25 144:6, 12, 13, 18, 22 145:5, 10 146:24 147:2, 5, 6, 12, 20 148:16 149:13, 14 150:9, 18 151:3, 12 152:11, 16, 19, 24 153:2, 24 154:12, 17, 24 155:16, 20 156:2, 14, 17 157:7, 19 158:14, 20, 24 Public Hearing 160:3, 18 161:12, 14, 18, 22, 24 162:1, 9, 11, 17, 18, 20, 23 163:10 164:5, 10, 22 165:12, 13, 15, 18, 24, 25 166:1, 3, 5, 8 167:24 168:1, 5, 10, 11, 14, 18, 23, 24 172:21, 24 173:10 174:12, 12 176:16, 17, 20, 23 177:3, 4, 12, 21, 22, 23 178:1, 2, 22, 23 179:2, 3, 14, 18, 24 180:9, 13, 18, 20, 22 181:5, 11 183:3, 5, 6, 10, 11, 15, 20 184:2, 3, 4, 4, 13, 19 185:5, 18, 20 186:3, 6, 6, 9, 11, 13, 15, 19 187:5 188:10, 15, 21, 22, 24 189:1, 2, 3, 17 190:1 191:16, 25 192:17 193:10, 11, 16 194:12, 19 195:4, 13, 14, 18 197:6, 9, 16, 24 198:5, 9, 10, 15, 18 199:4, 9, 11, 14, 15, 16, 18, 23 200:1, 2, 13, 14, 17, 25 201:1, 4, 23 203:14, 17, 18 204:9, 10, 14, 18, 19, 20, 24 205:6, 17, 19, 19, 22 206:2, 22 207:3, 6, 10, 15, 18 208:7 209:1, 8, 10, 18, 19, 22 210:2, 2, 5, 15, 17, 18, 23 212:10 213:2 214:9, 14 215:4, 7, 10, 17, 20, 24 216:1, 7, 17, 25 217:5, 6, 19, 25 218:2, 7, 11, 14, 15, 17, 18, 21 219:6, 25 220:6, 11, 12, 15, 17, 21, 24 221:6 222:5, 12, 19, 19, 22, 23 223:3 224:13, 14, 23, 25 225:8, 9, 13, 20, 22 226:8 227:3, 5, 13, 18 water, 155:1 water-dependent 170:22 water-efficient 227:4 watering 218:12 waters 11:4, 24 26:14 33:15 61:22 116:7 157:23, 25 170:4, 22 172:5 182:5 202:17 WaterSense 183:23 213:22 214:3 WaterSense-approved 183:16 watershed 10:2 61:17 111:10 128:16 163:8 164:2, 4, 21 225:9, 10, 14 watersheds 140:11 waterway 112:22 waterways 142:1 Waukesha 2:18 3:5 4:2, 12, 18, 23 5:8, 9, 20 12:13 13:2, 4 14:1, 25 Gramann Reporting, Ltd. 17:8, 8 18:25 19:1 20:19, 20 21:25 22:3 24:16, 22 25:7, 12, 13, 15, 19 28:4, 12 29:16 30:8 31:7, 10, 13 32:21, 25 34:5, 13 35:12 37:5, 17 40:18 42:10, 13, 25 43:16, 17 44:21 46:4, 10 47:5 48:2 49:16 51:13 54:9 55:14 57:7, 7, 13 58:3, 11 59:17 61:13 62:4 63:14, 18 65:6, 8, 13, 20 66:3, 24, 25 67:7, 17, 20 68:18, 25 69:14, 24 70:6 71:22 73:7 74:2, 5, 11, 14, 20 76:9 77:7, 17, 18 78:16 79:5, 8, 9, 12, 15, 18, 24 80:5, 16 81:3, 17, 21 82:1, 6, 25 85:6, 6, 10, 12, 18, 25 86:5, 6, 9, 24 87:2, 4, 9, 11, 21, 25 88:8, 11 89:9, 13, 22 90:13, 19, 20, 21, 22, 25 91:3, 15, 18 92:8, 18, 20, 24 94:1, 11, 14, 17, 25 95:18, 22 96:1, 17, 18, 18, 23 97:2, 24 99:8 101:6, 20 103:14, 20 104:11 105:3, 14 106:10, 21 107:6 111:9, 16 112:14, 23 114:4, 12, 16 115:12, 17 116:19 117:2, 12 119:1, 16, 21 122:2, 8, 10, 14 123:18, 22 125:13, 25 126:11, 13 127:2, 4, 18 128:3, 10 129:16, 23 130:6, 7 131:4, 13 133:8, 19 134:9, 17, 20, 23 135:4 136:1 137:5, 11 138:3, 18 139:9 140:5, 7 141:7 143:6, 7 144:11, 13 145:5 146:16, 18, 22 147:20 148:2, 2, 4, 8 149:4, 6, 16 150:3, 8, 18, 24 152:1, 3 153:11, 18, 19, 19, 20, 24 155:20, 24 158:19 159:15, 17, 18, 23, 25 160:19 161:18, 23 162:5, 16 164:15 166:6 167:23 168:2, 8, 11, 16 169:1, 6 170:14 171:12 172:10, 18, 19, 22 173:8, 20, 23 174:6 176:24 177:1, 7, 7, 11, 19 178:15, 16, 22 179:5, 11, 14, 18, 23 181:17, 18, 20 183:2, 3, 6, 14, 18, 20 184:2, 3, 5, 24 185:1, 6, 10, 15 186:8 188:2 191:15 192:2, 4 193:1, 8, 14, 15 194:11, 12 Page 33 195:10, 10, 17, 22 196:16 197:8 198:4, 8, 12, 19 199:2, 3, 6, 17 200:7 201:5, 9, 18, 21, 22, 23 204:7, 15, 19 205:1, 2, 5, 21 206:1, 13, 14 207:9, 14 209:1, 19 210:1, 3, 10, 14 211:7, 11, 15 212:3, 10, 14, 25 213:2, 6, 15 214:9, 14 215:19 218:13 219:23, 25 220:2 221:5 222:5 223:3 224:2, 3, 19 225:2, 14, 19 226:7 227:18 Waukesha.diversion.org 9:6 WaukeshaDiversion.org 6:21 Waukeshas 56:7 Waukesha's 2:13 13:16 20:3 36:9 45:25 59:20 60:3 62:1, 2 65:4 66:1, 18 67:12 69:17 71:25 73:20 86:18 89:11 92:16, 20 93:7, 13 94:3, 7 95:3, 6 96:3 104:4, 9 106:25 107:16 108:6, 11 112:7 117:19 118:8, 17, 19, 22 119:4, 6, 18, 23 120:6, 7, 10 121:15, 22, 25 125:19 126:20 127:3, 13 134:16 137:22, 23 138:2 139:10 141:15 144:7 145:8 147:1, 7, 12 148:9, 20, 24 149:22 150:4, 9 151:23 152:3, 24 157:5, 11, 17 158:12 159:1 160:22 161:14, 22 162:1, 15, 21, 23 163:1 164:22 165:5, 7, 25 166:8, 15, 25 167:15 168:20 170:13 171:6, 14 172:7 176:16 177:16 185:19 186:2, 19 187:9 196:18 197:16, 20 198:1 204:1 205:23 206:1 214:12 215:14, 22 224:21 WaukeshawDiversion.org 48:7 Wauwatosa 195:19 215:1 way 7:20 23:8, 25 35:12 37:13 41:1 45:11 48:13 53:11 55:19 57:16 70:16 88:14, 16 94:13, 17 98:13, 21 101:19 137:13 146:25 157:18 186:20 204:6 205:20 210:22 (800) 899-7222 2/18/2016 ways 9:1 16:4 47:25 81:16, 18 99:9 WDNR 165:22 wealth 193:5 wealthier 193:2 wealthy 193:13 wear 23:14 weather 213:24 214:13 web 39:14 website 4:17, 24 6:21, 22, 24 7:9 9:3, 5 12:9, 11, 14, 16 47:9 48:6, 7, 17, 18 150:11 week 130:16 173:21 218:13 weeks 206:20 weight 49:8 190:7 weighted 192:20 welcome 25:14 45:17 54:13 94:24 145:14 175:22 191:3, 10 193:24 224:4, 16 well 3:5 4:12 11:15, 21 12:3 23:6, 20 30:13 32:16, 19, 19, 20 35:23 38:1 41:21 47:10, 22 48:6, 18 51:6 53:19, 24 57:9 63:20 64:2 65:3 77:23 91:1 94:16 102:17 112:18 115:4 116:9 132:5 135:1, 10, 19 151:22 160:16 162:4 169:12 179:9, 20 180:22 188:6, 13 189:6 193:24 196:4 207:20 222:13 well-being 133:1 well-run 56:19 wells 22:23, 24 23:13, 16 26:1, 2, 5 41:6, 7, 7, 22 42:20 43:1, 4 74:15 82:18, 22 86:3, 20 135:3, 5, 8 138:2 139:1 144:3 147:7 154:6 155:6, 9 162:17, 21, 22 167:25 177:14, 15 181:1, 9 186:12 195:6 199:24 215:23 went 16:7 22:20 33:10 64:4 88:13 142:19 195:4 211:21 222:9 224:7, 10 228:3 we're 9:19 10:13 13:1, 2 29:1, 8 31:23 33:22 37:6, 8 38:20 45:23, 24 46:16 48:22 49:14 50:16 52:4 56:16 63:2 64:22 66:20 70:12 74:18 77:2 94:20, 21 95:1, 23 98:8, 8 101:5 110:18 111:18 113:7 124:4 128:11, 17, 20 131:16 134:21 136:24 Public Hearing 153:20 164:2 169:18 170:18, 21 186:23 195:15, 19 218:5 west 13:3 71:23 80:5 100:4 140:12, 17 182:21 184:16 191:12 193:3 195:11 211:2 221:22 224:7 225:4 western 22:3 34:5, 13 96:11 127:16 135:2 wetlands 22:1 42:2 80:14 83:4 128:13 174:14 180:23 221:14 we've 15:10 62:20 70:19 73:25 76:20 99:10, 18 120:25 122:8 127:21, 22 133:19 171:11 186:1 203:1 219:14 whatnot 193:4 Wheeler 97:10 102:22 117:5 white 114:5, 8, 10 117:17 Whitewater 65:18 wider 55:16 widespread 160:14 wife 73:6 122:4 191:21 Wildlife 145:19 146:9 147:18 156:17 161:17 166:19 178:5 221:12 William 131:22 willing 32:2 64:9 90:12 144:17 163:9 window 49:4 windowless 102:12 Wingspread 215:9 Winnepeg 224:10 winner 173:5, 5 Winsett 178:9 winter 113:6 wipe 115:2 Wisconsin 2:18 4:3 5:4, 8, 18 7:3 12:18, 21 13:25 15:11 16:11 17:21, 25 25:4 26:18 29:19 30:10 32:5 33:9, 12 34:10, 22, 25 41:17 45:5 47:5, 22 54:9 63:24 65:18 69:7, 8, 25 75:2 79:5 81:1, 2 83:6 91:14 93:10 95:8, 10 97:1, 13, 18 98:6, 25 101:18 102:23, 24 103:10, 24 104:14, 17, 18 108:9, 21 110:7, 17, 18 113:18, 19, 20 119:25 122:5 124:10 125:13 133:23 134:6 136:1 137:12 140:3, 5 145:15, 17, 19, 20 146:1, 9, 12 147:18 150:9, 24 153:18 154:18 155:19 Gramann Reporting, Ltd. 162:13 165:19 168:4, 15 170:16 171:12, 21 176:11, 14 177:2 178:17 180:4, 10, 14, 16 183:1, 1 184:14, 16, 18 185:25 186:16, 18 187:24 188:4, 13 189:11, 20 190:4, 8 191:2 192:13 193:3, 20 194:11 195:7 202:7, 10 206:13 213:3 215:2 217:19 223:4 226:3, 5 227:17 229:1, 7, 16 Wisconsin's 17:15 102:25 110:11 120:3 146:4, 13 149:22 154:16 171:19 185:8, 17 188:7, 17 189:25 221:11 wish 50:22 51:1 120:14 158:10 223:23 228:1 wishes 228:8 withdrawing 42:11 163:10 withdrawn 11:13 witnessed 58:5 Wolf 194:3, 10 Wolfram 211:2 woman 207:7 Women 166:20 won 206:23 wonder 136:4 wonderful 78:24 217:23 wondering 163:5 Woods 153:11 word 57:2 120:8 words 53:21, 23, 23 109:12 wore 90:24 work 23:25 28:7 51:19 60:22 72:3, 25 73:9 76:8 77:7, 8 94:14, 17 104:15 108:17 121:6 122:12 130:9 132:14 156:22 159:24 160:5 183:2 188:1 196:16 212:10 worked 57:7 72:14 88:9, 13 94:16 122:19 124:17 146:10, 13 170:6, 8 173:19, 24 178:15 203:2 212:11 226:20 workers 56:12 118:7 160:24 workforce 57:14, 19 working 54:11 63:1 75:14 97:17 112:7 133:18 137:7 164:6 170:6 173:5 223:4 works 7:21 72:13 84:18 92:4 99:19 107:9 123:8 159:8 Page 34 world 55:16 58:8 75:6, 13 109:1, 5, 24 123:13 164:9 202:12, 17 217:22 218:10, 19 world's 74:6 105:9 Worldwide 108:24 worry 66:1 worst 113:25 114:3 140:20 worth 186:15 208:2 write 28:22 writing 52:23 100:22 142:23 164:19 165:1 186:25 198:23 written 6:9, 10, 13 48:3, 9, 10, 13, 19, 24 49:3 97:19 115:9 116:4, 14, 14 125:1, 20 126:22 132:8 159:7 161:14 163:16, 17 167:21 169:11 178:7 193:24 196:4 220:16 228:19 wrong 70:6 78:20 WSSA 162:7 www.Waukesha 150:11 www.WaukeshaDiversion. org 12:10 <Y> y'all 50:16 66:23 127:6 129:7 yard 218:18 Ybarra 62:10 65:6 year 76:8 107:2 148:13 180:19 194:13 195:8, 8, 9 207:15 227:5, 14, 15 years 14:10 28:1 54:15 57:8, 22 60:5, 9 63:13 65:9, 11 77:20 84:8 86:10 88:9 90:23 91:4, 10 97:3 102:11 107:11, 15 109:24 118:5 122:6 124:8 130:4 140:8, 12 141:2 146:6, 7, 8, 10 148:25 149:2 150:4 160:11, 21 162:12 170:7 172:19, 20 178:23 183:13, 14 194:17 195:13, 15 196:17 199:10 202:1, 3, 5, 7, 10 203:20 206:15, 16 207:13 208:12 215:9 220:10 221:8 223:4, 15 224:9 225:6 yellow 52:8 yesterday 5:7, 15 25:24 87:18 109:10 110:10 128:23 164:18 197:10 200:15 yield 52:11 York 45:2 156:15, 18 157:1, 24 194:22 212:1 (800) 899-7222 2/18/2016 Public Hearing Page 35 Yorkers 156:18 157:22 younger 224:6 <Z> Zelazyny 45:2 zero 97:21 141:17 195:17 Zip 116:1 zones 31:8 zoning 31:12 Gramann Reporting, Ltd. (800) 899-7222