Acquiring Land May Unleash ‘Water War’: Waukesha Wants to Tap Aquifer; Some Fear Effect on Marsh

By Darryl Enriquez, Milwaukee Journal Sentinel

May 9–WAUKESHA — A top county environmentalist warned Tuesday that the city’s proposed hostile acquisition of 42 acres along the Vernon Marsh Wildlife Area for a new underground source of clean drinking water would launch a “water war.”

“If they can do it in the Vernon Marsh area, a prime environmental habitat, who else is at risk? Waukesha ought to fix its own house without going in and damaging others,” said Allen Stasiewski, vice president of the Waukesha County Environmental Action League.

Facing a state Department of Natural Resources deadline to reduce radium levels in its drinking water, the Waukesha Water Utility with Mayor Larry Nelson’s support wants to acquire property in the Town of Waukesha by using its powers of eminent domain. Last week, the Common Council authorized city attorneys to draft an eminent domain lawsuit.

“A few months back, I mentioned at a Plan Commission meeting that the issue on the table at that time was the beginning of the Waukesha water wars to come,” Stasiewski said. “I heard that Mayor Larry Nelson was disappointed to hear those words, but it (condemnation) shows that Waukesha will do whatever it wants to and go in and take what it wants.”

Nelson defended the city’s actions.

“We have a federal mandate to get the radium out of the water,” Nelson said. “Scientific exploration has identified this as the best area for a source of radium-free water.”

Underneath the property is a shallow aquifer of clean water that replenishes the Vernon Marsh and provides private well service to an unknown number of homeowners near the massive wetlands.

The utility wants to withdraw up to 3 million gallons daily from that aquifer and mix it with existing city water to dilute radium concentrations that are usually twice the amount allowed under federal safe drinking water standards.

A dozen water utilities, including Waukesha Water, supply customers with water containing potentially dangerous levels of radium, a naturally occurring substance that’s linked to cancer. Another 18 Wisconsin water utilities are being watched by the DNR for the potential of exceeding radium standards as water demands rise in the summer.

The city’s goal is to hook into a new source eventually, possibly from Lake Michigan, and relegate the Vernon Marsh wells to backup status, but that goal is years away.

The water utility’s immediate plan is to sink two to five high-capacity wells on property known as the Lathers parcel. It’s become an emotional issue among city officials, environmentalists and homeowners near Vernon Marsh.

Some fear effect on marsh

Environmentalists fear the city’s water demand ultimately could deplete the marsh. Homeowners are concerned that high-capacity wells could cripple the output of their private wells.

Utility general manager Dan Duchniak has repeatedly said that engineering studies conducted by utility consultants show that the new wells would not harm the marsh or deplete the aquifer.

Stasiewski said his group would like to see the studies.

The environmental group and homeowners are putting together a Friends of the Vernon Marsh group, “and we will continue to be active in this area,” Stasiewski said.

The utility’s proposal to bring 42 acres into the city could go before the Plan Commission tonight. Nelson said Tuesday that he was unsure whether the item would remain on the agenda or be placed on hold until after the council makes a final decision on proceeding with eminent domain. That decision could come as soon as Tuesday, he said.

Commissioners twice have rejected earlier proposals to annex a large portion of the 334-acre Lathers parcel and allow residential development by Fiduciary Real Estate Development Co. Fiduciary had proposed donating 198 acres of wetlands to the state and Waukesha County. In exchange, Fiduciary offered the city a parcel for two wells.

But commissioners feared that annexing a development outside of city boundaries would put a strain on city services such as snow plowing and fire protection.

Nelson said the council’s interest in condemnation is in reaction to the commission’s killing the development proposal.

“We can do eminent domain if the action is a public necessity,” Nelson said. “As a city, we have a mandate to get into compliance with the federal mandate.”

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Copyright (c) 2007, Milwaukee Journal Sentinel

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