Waukesha Water Troubles Worsen: Town Hires Expert; Landowner Waits for Offer

By Darryl Enriquez, Milwaukee Journal Sentinel

Jun. 5–WAUKESHA — New obstacles to the city’s pursuit of radium-free drinking water have cropped up in recent days in the form of a hired watchdog and hints of an expensive legal entanglement.

The Town of Waukesha has asked one of the area’s top hydrologists to determine whether the city’s pursuit of a new well field near the Vernon Marsh Wildlife Area would damage the environment and private wells of homeowners.

And an official for the development company warned Monday that the city was entering uncharted and expensive legal territory by deciding to seize private property in order to gain new access to underground water.

The hydrologist, professor Douglas Cherkauer, told a gathering of town officials Friday that the City of Waukesha’s pursuit of town water represents the “nexus” of water struggles in this part of the state.

“It’ll be more like the flashpoint,” Town Chairman Robert Tallinger countered. “Our people are nervous, and I don’t blame them. Our people don’t want to wake up some morning and not have water.”

Cherkauer, of the Department of Geosciences at the University of Wisconsin-Milwaukee, told officials he would give them a bid on the cost of his services soon.

Cherkauer said that the impact that Waukesha’s wells could have on the marsh or nearby homes is unknown.

Cherkauer, however, advised that homeowners near the proposed well field immediately begin monitoring and recording their well depths on a regular basis. By doing so, they would have dependable data to compare against the conditions of their wells after the city goes online with high capacity wells that could withdraw as much as 3 million gallons of water a day.

Town Supervisor Everett German said he also wanted to know the impact, if any, the city’s two existing wells sunk in that shallow aquifer would have when combined with the three to five new wells being proposed.

The utility reports that it withdraws about 1.5 million gallons daily from the two wells, making the projected total daily withdrawal from that aquifer 4.5 million. On average, the city uses just over 8 million gallons a day.

The city must first acquire the property to gain access to the underground water.

Mayor Larry Nelson said the city was proceeding with acquiring the site off of Highway I, south of Fox Vale Court.

Brett Miller, vice president Fiduciary Real Estate Development, said the key legal point in the city’s attempt at seizing the 42 acres through eminent domain will be determining the value of gaining access to the water below it.

What’s water worth?

“Anyone can appraise the value of the 42 acres,” said Miller, a lawyer. “What’s not known is how much the access to that water is worth.”

Miller said his firm’s team of outside appraisers is highly interested in seeing what the city will offer in compensation for the land and if access value is built into the offer.

Miller said the city might be forced to purchase the entire parcel at 300 plus acres because the high capacity wells could render private wells useless for any residential project.

The Common Council last year rejected Fiduciary’s initial plan for residential development in which it offered the city free land and access to the aquifer.

The Plan Commission early this year voted down Fiduciary’s downsized plan in which it offered to donate a large chunk of land to the state for expansion of the neighboring Vernon Marsh.

City officials killed the proposals because of their concerns that annexing land not immediately next to a city boundary would spread city police, fire and public works services too thin. The site, known as the Lathers parcel, is about a half-mile southwest of the city.

“Disappointed is how I would say we are at this point,” Miller said.

If the city would have accepted Fiduciary’s offer, it now could access shallow aquifer water it needs to satisfy a state mandate to rid its drinking water of potentially dangerous levels of radium, a naturally occurring radioactive material.

Hoping for an offer

Nelson said he would welcome a third proposal from Fiduciary, and he continues to believe cutting a development deal with the firm is still the best way to access the aquifer.

“I am only supporting the eminent domain position as a last resort,” Nelson said. “Before we get to the eminent domain process, I’m hoping the developer will make another proposal for development and annexation. I am concerned about the possible cost to taxpayers with going through the full eminent domain process.”

Whether Nelson can muster support for the project through his new Plan Commission appointees “is unknown,” he said.

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