Water Debate Heads to Capital

By Stacy Forster, Milwaukee Journal Sentinel

Jan. 11–MADISON — The debate over a compact by eight Great Lakes states to stop large-scale water diversions and promote water conservation is heading to Wisconsin’s Legislature.

Several Wisconsin lawmakers have been meeting with state and local officials to draft language for ratifying and implementing the compact here and expect to circulate it later this month.

While there is solid support for the compact in the Democratic Senate, it will face a tougher ride in the Republican-led Assembly, where some members are concerned the agreement is too restrictive for communities that want access to water and could stifle economic development.

Those looking for action point to a statement by one-time presidential candidate Bill Richardson, governor of New Mexico, as evidence that the states surrounding the Great Lakes should ratify the compact and put protections in place. Last year, Richardson called for a national water policy and said Wisconsin was "awash in water," implying that water-poor states such as his could tap Great Lakes water. Richardson later backed off that statement.

"The reason the compact is so important is it’s incumbent on those eight Great Lakes states to manage the resource, or somebody else is going to come in and manage it for us," said Rep. Cory Mason (D-Racine).

But others say the compact doesn’t best serve Wisconsin and its interests, arguing that changes should be made.

"We need to have a compact. . . . But we want something that protects Wisconsin and doesn’t set us up to be in a disadvantageous situation," said Sen. Mary Lazich (R-New Berlin). New Berlin is one of the communities seeking Lake Michigan water for neighborhoods outside the watershed.

The compact was signed by the Great Lakes governors, and to take effect, it must be ratified by all the states involved. Minnesota and Illinois already have approved it, and it is working through legislatures in the other states.

After the states pass it, Congress must also approve the agreement.

A legislative study committee on the compact disbanded last fall because members couldn’t reach a consensus about how to implement and ratify the compact.

Progress seen

Since then, Wisconsin lawmakers from both sides of the aisle have been talking with local officials and business leaders to address concerns and draft a bill that they are optimistic could pass this session.

Pat Henderson, deputy secretary at the state Department of Natural Resources, said significant progress had been made in addressing areas that were in dispute.

Gov. Jim Doyle, one of the governors who signed the compact, said in a conference call Wednesday that he was confident it would pass if "partisan bickering" doesn’t keep the issue from coming to the floor of both houses.

The compact faces hurdles, including the end of substantive legislative business looming in mid-March.

"Until we see a final draft of some type, it will be difficult to determine if this effort will be able to make it through the Legislature," said Sen. Neal Kedzie (R-Elkhorn), who chaired the legislative study committee and supports the idea of the compact.

Rep. Scott Gunderson (R-Waterford), chair of the Assembly Committee on Natural Resources, ticked off a list of concerns that he thinks still need to be addressed.

Gunderson said his main concern is southeastern Wisconsin and the potential for a future lack of water. He said Wisconsin should address the sticking points before approving the compact.

"We only get one kick at this cat," he said. "Everyone has to work very hard to make sure this document the Legislature passes in Wisconsin is good law not only for the Great Lakes region and the state of Wisconsin."

States cannot substantively change the compact without jeopardizing it. Lazich and Gunderson said they have talked with legislators from Ohio — whose land mass and economic hub in the basin are similar to Wisconsin’s — about addressing some common concerns.

"The smart thing for us to do is to team up with another legislative body, like Ohio, that has concerns . . . and come up with a document we can take forward," Lazich said.

Assembly Assistant Minority Leader Jon Richards (D-Milwaukee) said making major changes isn’t feasible.

"That essentially says, ‘Let’s kill the compact and let our Great Lakes go without protection,’ which I think would be a big mistake," he said.

One provision that has caused concern would allow a veto by one governor to stop a diversion, which could affect economic development.

"It’s flexible enough that a governor can stop a project," said Matt Moroney, executive director of the Metropolitan Builders Association, adding that a compact should allow Wisconsin to control its own water use decisions.

Thomas Content of the Journal Sentinel staff contributed to this report.

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