City of New Berlin Water Diversion Approval

DNR approves New Berlin request to divert Lake Michigan water (Press Release)

Background and Brief Description of the Proposal:

The Great Lakes—St. Lawrence River Basin Water Resources Compact (Compact) became effective on December 8, 2008. The Compact addresses water quantity management in the Great Lakes Basin. The Compact and related legislation implementing the Compact’s provisions in Wisconsin set out requirements for sustainable water use in the Great Lakes Basin. The Compact, codified in Chapter 281 of the Wisconsin Statutes, prohibits diversions of Great Lakes water, with limited exceptions.

One exception to the Compact’s ban on diversions allows a “straddling community” to apply for a diversion of Great Lakes water if the water will be used solely for public water supply purposes in the community and if other specific statutory requirements are met. Under the Compact, a “straddling community” is one—such as the City of New Berlin—whose boundaries are partly within the Great Lakes Basin and partly without, but wholly within a county at least partly within the Great Lakes Basin. Based on current needs, the City has proposed to divert a maximum 30-day average of 2.38 million gallons per day (MGD) to areas of the City outside the Great Lakes Basin. This volume would essentially replace the amount of water currently obtained from groundwater sources located west of the Great Lakes Basin divide. The City will continue to return water to the Lake Michigan Basin via Milwaukee Metropolitan Sewerage District resulting in no net loss of water from the Great Lakes Basin.

Application Materials

Comments

The Department accepted public comments regarding New Berlin's application through March 27th, 2009. Comments were submitted electronically via email, in writing, or at the public hearing referenced below.

Public Comments & Response Summary

Public Hearing

Pursuant to Wis. Stat. § 281.346(9)(d), DNR held a public hearing to receive public comments on the application to begin a diversion of Great Lakes water. The public hearing was held on Thursday March 12, 2009 at 4 PM (with an informational open house from 3 PM to 4 PM ) at:

New Berlin City Hall
Council Chambers
3805 S Casper Drive
New Berlin, Wisconsin

Reasonable accommodation, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request.

Diversion Approval Documents

The DNR approved the City of New Berlin's application on May 21, 2009.

New Berlin Approval Appeal Rights Letter and Document

New Berlin Submittals - Post Approval