Wisconsin’s Groundwater: Valuable…Vulnerable…Vanishing? Issues surfacing in eight Wisconsin hotspots and what we can do about them Wisconsin’s Groundwater: Introduction Valuable…Vulnerable…Vanishing? Groundwater is one of Wisconsin’s vital natural resources. Seventy percent of Wisconsin residents and more than 9 out of 10 Wisconsin communities depend on it for drinking water. It is used in industrial manufacturing and is used to grow crops such as potatoes and corn. It helps sustain fishing and paddling opportunities across the state and the much-visited water parks in Wisconsin Dells. It feeds the beautiful rivers, lakes, streams and wetlands across the state. Despite its importance groundwater is, for many people, “out of sight and out of mind.” It has been said that if Wisconsin’s groundwater flowed across the state—above ground—it would be 100 feet deep. While this may make it seem like groundwater supplies are virtually inexhaustible, communities across the state are finding out the hard way that groundwater supplies can and do diminish without proper management. In 2004 Wisconsin’s Act 310—the Groundwater Protection Act—was signed into law. This Act was a good first step forward for the state and increased protections for Exceptional and Outstanding Resource Waters, coldwater trout streams, and springs. It designated two regions of the state—southeast Wisconsin and Brown County—as Groundwater Management Areas. These two areas have been dealing with significant groundwater drawdowns; the so called ‘cone of depression’ below Waukesha County is now over 450 feet deep. Excessive water use and rapid development continue to contribute to these chronic problems. These water quantity problems can and do lead to water quality problems. For example, communities from Brown County south through the Fox Valley and into southeastern Wisconsin are experiencing arsenic and/or radium levels in their water well above federal standards, largely due to declining groundwater levels. Issues surfacing in eight Wisconsin hotspots and what we can do about them Table of Contents: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 Wisconsin’s Groundwater Hotspots: Southeast Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Green Bay and Brown County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Madison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Little Plover River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Fox Valley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Lake Beulah and East Troy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9 Richfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Places to Watch…Pierce, Polk and St. Croix Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Clean Wisconsin Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Author: Will Hoyer Editors: Shauna Cook and Joyce Harms This report has been graciously funded by The Joyce Foundation and Charles Stewart Mott Foundation. Published April 2007, Clean Wisconsin, Inc. (608) 251-7020; [email protected]. You can find a copy of this report in the Publications section at www.CleanWisconsin.org. Other areas of the state are also facing groundwater shortages and controversies. Dane County, the Little Plover River, the Fox River valley, Richfield and Lake Beulah all demonstrate that groundwater issues extend well beyond Brown and Waukesha Counties, even though they have not generated the same public attention. With the passage of Wisconsin’s Groundwater Protection Act, the release of Governor Doyle’s Conserve Wisconsin agenda, the continuing work of the Groundwater Advisory Committee and the signing of the Great Lakes Compact in 2005 and ongoing efforts to ratify it, there is a confluence of events making this an extraordinary opportunity to improve the management of all of Wisconsin’s waters. A “Groundwater Protection Act II” filling in the gaps left in Act 310 is needed for Wisconsin. What are Exceptional and Outstanding Resource Waters? Exceptional Resource Waters (ERW) and Outstanding Resource Waters (ORW) are the classifications given by the State of Wisconsin to the healthiest rivers in the state, adding an extra level of protection for these special waters. It is required that the quality of water discharged into these streams be at least as good as the water in the stream; and while modifications along shorelines are still allowed, general or individual permits are required prior to work being done. There are currently almost 7,000 miles of streams and rivers classified as Exceptional or Outstanding in Wisconsin. These river segments are among the state’s best— drawing families to go fishing, paddling and swimming—and support northern Wisconsin’s economy by drawing visitors and increasing property values. 122 State Street, Suite 200 Madison, WI 53703 Phone: (608) 251-7020 • Fax: (608) 251-1655 www.CleanWisconsin.org © Clean Wisconsin 2007 Clipart.com Cover photo credit: © iStock / Nick Schlax Printed with vegetable based inks on recycled paper. 1 Groundwater Management Areas as created by Act 310 are areas of the state where groundwater pumping has caused groundwater levels to decrease more than 150 feet since predevelopment. The 150 foot criteria was an arbitrarily chosen value and includes only the urban areas of northeast Wisconsin, including all of Brown and parts of Outagamie and Calumet counties, and all or parts of seven southeastern Wisconsin counties including Waukesha, Milwaukee, Racine, Kenosha, Walworth, Washington and Ozaukee. The purpose of GMAs is to encourage the development and implementation of a coordinated management strategy among state and local government units, regional planning commissions and other groundwater users. These strategies are intended to address current problems and to look forward and proactively address issues before they become significant problems. Oregon State University Extension, Groundwater Stewardship Website Groundwater Management Area (GMA) Southeast Wisconsin is the center of groundwater from shallow wells can management controversies in Wisconsin and was and does impact surface designated a Groundwater Management Area (GMA) in waters—springs, wetlands, the Groundwater Protection Act. With a groundwater rivers and lakes. Numerous drawdown of over 450 feet in Waukesha County and communities and citizen water levels that continue to fall approximately 5 feet per organizations have expressed year, continued population growth, ever-expanding their concerns that new wells development and contaminated water that exceeds the drilled into shallow aquifers will Environmental Protection Agency’s limits for radium, have significant impacts. Among communities in the region have been left to seek new these are: ways to satisfy their desire for more water. ■ The Village of Mukwonago drilled a new well right The cone of depression in the region occurs below a next to Vernon Marsh State Wildlife Area, home to a confining rock layer that limits recharge of the deep very rare type of wetland in Wisconsin. Mukwonago aquifer. In other words, the way rock is layered prevents is also looking at other sites for another well. rainwater and snow ■ Waukesha has also melt from seeping into proposed annexing land the ground and around the Vernon replenishing the Marsh in order to drill aquifer. This confining new shallow wells. rock layer extends ■ The Village of Delafield from Lake Michigan has proposed a new west toward Jefferson high capacity well that County. Recharge of Chenequa residents fear this deep aquifer must will harm springs that come from the west, feed Pine Lake and may beyond the extent of impact other area lakes the confining layer, but A cone of depression over 450 feet deep has developed in as well. water that infiltrates in this area as a result of overuse and reduced infiltration. Jefferson County must first support the ecological needs in Jefferson County as well as the human uses. Since water from Southeast Wisconsin’s deep aquifer is now tainted with high levels of radium that exceed federal standards, communities The Problem: are turning to another option—the shallow aquifer that is Rapidly developing suburban communities above the confining layer and that supplies water to the in the region are facing water quality many lakes, streams and wetlands in the area. and water supply problems. Attempts to The shallow aquifer is easily accessible, inexpensive to meet federal water quality standards by pump (because it does not have to be pumped from as finding cleaner sources have the potential deep in the ground) and free of radium, but comes with to impact the quantity of water, especially its own costs. As is the case across the state, water taken surface waters like the region’s many lakes, rivers and wetlands. Minimal water conservation strategies and comprehensive planning that in many cases has failed to take future water concerns into account are contributing to the region’s groundwater drawdown and its subsequent Groundwater Management Area designation. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) Clean Wisconsin © iStock / Niels Laan Populations around the state are growing but water supplies are not. New threats, such as water-intensive corn ethanol plants are emerging. Communities must be proactive in protecting and conserving their water supplies now and for the future—or else rivers will dry up, lakes will shrink, water quality concerns will increase and more communities will face the costs associated with obtaining water from elsewhere. What follows are eight brief descriptions of problem areas across the state highlighting the connections between Wisconsin’s waters: quality and quantity, surface and ground, urban and rural. All of the descriptions pose slightly different sets of issues. Some, like Brown County and Green Bay require regional management solutions. Others, like the example of the Little Plover River, show that groundwater overuse can cause dramatic surface water impacts. Another, the Town of Richfield, shows an example of a forward thinking town in Wisconsin that was told by the Department of Natural Resources that its attempts to plan for the future and protect its groundwater supplies for the long term were against the law. Another, St. Croix County and its neighbors, may be a problem waiting to happen given the rapid growth of the region. What unites them is the fact they are all examples of water mismanagement that, unless addressed soon, will only continue to grow in scope and impact on more and more Wisconsin communities and special waters. Wisconsin Department of Administration Southeast Wisconsin This image depicts the groundwater to surface water connection along with ways the water is recharged. 2 3 4 standards. Their response was to build their own pipeline that will supply the suburban communities of Allouez, Bellevue, DePere, Howard, Lawrence and Ledgeview with Lake Michigan water purchased from Manitowoc, on the Lake Michigan shore. This $140 million pipeline will run roughly 65 miles from Manitowoc to the suburban communities. This option was chosen over connecting into Green Bay’s water supply, which has sufficient capacity to supply the city and suburbs, because of the suburbs’ contention that it is the cheaper option of the two. Sixty-five miles of pipeline and over $100 million of expense were the costs for six Brown County communities to secure water from the City of Manitowoc, 30 miles away. © iStock / Alexander Nimmo The Problem: Declining groundwater levels led to regional water quality problems as arsenic and radium contaminated the aquifer. These water problems are exacerbated when cities and their surrounding communities fail to cooperate or work together to solve their water supply problems. These failures cost everyone time, money and resources. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) While Southeastern Wisconsin and Brown County are the only two major metropolitan areas in the state that have been designated Groundwater Management Areas (GMA) by the Groundwater Protection Act, Madison is facing declining groundwater levels, increasing water consumption, and water quality problems as well. The groundwater drawdown underneath Madison has been measured at approximately 60 feet with maximum drawdowns located around Lake Monona. Sixty feet would appear to be a much smaller drawdown than in the two GMAs but, because there is no confining layer of rock separating shallow and deep aquifers, it is virtually impossible to achieve the 150 foot drawdown required for GMA designation. This means that Madison’s problem may be much more significant than the 60 foot drawdown would indicate and in fact, it may be the perfect example of why the arbitrarily chosen 150 foot figure is inadequate. Historically the Yahara chain of lakes surrounding Madison has been substantially fed by groundwater. Based on models of past conditions groundwater baseflow to the lakes has declined significantly. Groundwater inputs to Lake Mendota have declined over 80% from 24 cubic feet per second (CFS) to 4 CFS. Lake Monona used to receive 9 CFS of groundwater but it now loses 1.5 CFS, a decline of 115%. Lakes Waubesa and Wingra have seen declines of 37 and 64% respectively. While lake levels have not been impacted by the groundwater drawdowns, springs in the area have been. Springs along the south shore of Mendota, Wingra in the UW-Arboretum and at various points around Monona have dried up leaving the names of places like Spring Harbor and Springhaven Springs as reminders of what used to be. A further issue in Madison is the diversion of all of the city’s treated wastewater to Badfish Creek south of town. This diversion means that millions of gallons a day bypass the Madison hydrologic system; groundwater is pumped from the aquifer, used, treated and then discharged outside the Yahara Lakes system. This unnatural pathway combined with the flow of water from lake to aquifer has led to a drop in the baseflow of the Yahara River. As in the Green Bay and Southeast Wisconsin GMAs, groundwater quality is becoming a concern for the Madison area. Concerns over manganese, carbon tetrachloride and salt concentrations in well water have come to the forefront in recent years. Unlike the two GMA areas and other parts of eastern Wisconsin these water quality concerns have not yet been linked directly to falling groundwater levels. © iStock / Kaleb Timberlake Brown County, the second area designated a Groundwater Management Area by the 2004 Groundwater Protection Act, faces groundwater shortages that have forced the communities to seek other water sources. Beginning in about the 1950s the drawdown centered under Green Bay exceeded 300 feet compared to pre-development levels. This led to water quality concerns as the declining water levels exposed oxygen to arsenic-containing rock layers creating the potential for unsafe levels of arsenic in the municipal drinking water supply. As in southeastern Wisconsin, radium also contaminates the deep aquifer in Brown County. Due to water quality concerns, in 1957 the City of Green Bay switched from using the aquifer to using Lake Michigan water. Because Lake Michigan’s Green Bay was so contaminated from sewage and industrial pollutants like PCBs and too warm during the summer months to serve as a source of drinking water, the city decided to build a pipeline east to the Lake Michigan shoreline, north of Kewaunee. After the City of Green Bay was no longer using water from the aquifer only the relatively small surrounding suburbs continued to use groundwater for their water supply, and, by 1961 the aquifer had already made a substantial recovery. As the suburbs grew, however, this recovery was halted and eventually reversed as water levels began to decline again. Groundwater in Brown County still has levels of radium and arsenic that exceed federal limits. The suburbs that continued to use groundwater were left to seek alternatives for reducing radium levels in drinking water to comply with new stricter federal safety Madison Clipart.com Green Bay and Brown County The Problem: Growth, development and over-pumping of groundwater resources have created a 60 foot cone of depression, led to springs drying up across the city and changed the direction of groundwater flow within the city. Now in many places in the city, lake water is being pulled into the groundwater rather than groundwater feeding Madison’s Yahara lakes. Because the geology of the area is different from that of southeast Wisconsin and the Green Bay area, drawdowns will never reach the arbitrary 150 foot level necessary for GMA designation. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) 5 Fox Valley In August 2005 just southeast of Stevens Point, two years. The Little the Little Plover River, one of Wisconsin’s finest trout Plover is not the only streams, dried up. It happened again in the summer of affected water body in 2006. Over a one mile stretch of river all that remained the central Wisconsin. was a dry, sandy and cracked stream bed, some rotting Long Lake, in Waushara fish and animal tracks. It is natural for rivers and streams County, has seen dramatically to decrease their levels in late summer, but a river going diminishing water levels as well. dry is a rare occurrence in Wisconsin. Not even during Given the geology of the area the severe two year drought of 1987-1988 did the Little and the growth and development Plover River dry up. If everything else remained the that is occurring in Stevens Point, these stream same in this part of Wisconsin some water should have de-watering events have been predicted, but that does not remained in the stream during the dry 2005 and 2006 mean they should be happening. A group of stakeholders summers, just as it did including researchers, in 1977, 1987 and 1988. municipal officials, farmers, Things have changed, industry representatives, however. conservation groups, and What has changed is DNR employees have been that there are now more meeting to search for local big water users. solutions to the problem. Municipalities and the Many people are hopeful that agricultural industry are this group will find success. using more water than ever in the area. It is common now to drive Interstate 39 and see a fine mist of irrigation water being sprayed into the air over the fields. The Little Plover River used to be a Class 1 trout stream. This water comes from This photo sadly depicts a repeating trend of it drying up. the shallow aquifer in the area that also serves as the source for surface waters in the region like the Little Plover River. University of Wisconsin—Stevens Point researchers using USGS groundwater flow models have shown that using predicted 2005 pumping rates, The Problem: municipal pumping-primarily by the Village of PloverWithout irrigation the central part of the was likely to reduce the baseflow to the Little Plover by state would likely be a relatively 40% while agricultural uses would decrease baseflow unproductive because of its sandy soils, by 10%. Unfortunately, the combination of hot and dry but now it is one of the Wisconsin’s most summers and the reduction in baseflow from pumping productive agricultural areas. However, has been enough to de-water the river each of the last when heavy irrigation demands are combined with increasingly high rates of municipal pumping from the shallow aquifer, then added to the geological and hydrological conditions that make the Little Plover River susceptible to water loss, the end result is the de-watering of one of Wisconsin’s Class 1 trout streams. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) Known by some as “Arsenic Alley,” the Fox Valley, A grade school in the including the cities of Appleton, Neenah, Menasha, Village of Rosendale south Little Chute and smaller communities like Rosendale, of Oshkosh began giving faces declining groundwater supplies and concerns about bottled water to students arsenic and radium contamination in the water. As water several years ago after the levels fall in the aquifer, a thin layer of arsenic-containing school’s well was found to rock that occurs throughout the region becomes exposed contain high levels of arsenic. to oxygen. This exposure allows the arsenic to become Now, after a new replacement well soluble and contaminate drinking water. Consumption of has been found to have unsafe water contaminated with arsenic has been linked to levels of arsenic the town is once again looking for higher rates of various cancers, cardiovascular and solutions, including treatment or drilling yet another, pulmonary diseases and deeper well or pumping neurological disorders. water from the high Needless to say, declining school to blend with the R d m water levels and recent grade school’s water. i – changes to the EPA An elementary school rs health standards for in Neenah was found to arsenic in water have have elevated arsenic sent more communities levels. In response the looking for other sources school district supplied of water. bottled water to students Residents of Fond while a new well was du Lac have been drilled. The district is debating how to achieve continuing to monitor compliance with federal water quality from the radium standards. In new well every two May 2006 the Fond du weeks. Lac City Council A grade school in the Village of Rosendale south of Oshkosh overturned a plan to began giving bottled water to students several years ago after pump water from Lake the school’s well was found to contain high levels of arsenic. Winnebago and blend that lake water with well water to meet federal standards. Instead the city will adopt an ion exchange technology that will bring radium levels down to safe levels. 6 A a iu The Problem: Declining water levels have created health risks as water quality deteriorates. Communities are forced to search for costly solutions to meet health standards such as new technology or digging new wells. Failure to ensure sustainable water supplies in communities throughout the basin have led to the water quality concerns. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) Clean Wisconsin One look at the pier and canoe on dry land shows Long Lake is drying up. c en Clean Wisconsin George Kraft River Alliance of Wisconsin Little Plover River 7 The Problem: 8 WIDNR Despite all these concerns the Village is moving ahead with plans to drill the high capacity well. The East Troy Village Board passed a resolution in late April 2006 to move forward with the necessary steps to complete the well. They also resolved to monitor the groundwater and surface water levels for ‘adverse impacts’ for the first 72 months of operations while slowly increasing the average amount of water pumped. There was no mention of the citizen group’s other concerns. In late 2006 the LBMD created an ordinance requiring that water pumped out of the lake basin be returned to the basin, taking a page from the debates over the Great Lakes Compact and prompting further scrutiny from state and village lawyers. The LBMD believes this is a necessary step to protect the ecology of the lake. © iStock / Ryan Howe Lake Beulah in Walworth County is one of the flashpoints in the debate over the impacts of new high capacity wells in Wisconsin. The Village of East Troy proposed to drill a new well near the southern shore of the lake in 2003. This new 300 foot deep well, expected to have a pumping capacity of 250,000 gallons per day, has not yet been drilled due to court challenges by the Lake Beulah Protective and Improvement Association (LBPIA) and the Lake Beulah Management District (LBMD). At issue is the potential impact of the well on the lake and surrounding wetlands and the Department of Natural Resources’ inability to consider all the potential impacts of the well in deciding whether to issue a well permit. Under DNR rules the only reason that agency may deny a permit for a high capacity well is based on whether it would impact a municipal well or whether it would be located within 1,200 feet of designated ERWs, ORWs, trout streams or near springs. Impacts to other surface waters can not be considered. East Troy feels that this well would not impact the waters of Lake Beulah or any of the connected wetlands and that no other site is satisfactory. The LBPIA and LBMD feel otherwise. These two groups brought their concerns before two courts—an administrative law judge and the Walworth County Circuit Court-both of which ruled in favor of the Village, saying that the DNR did not have authority to consider other impacts and that there was not enough evidence that there would be significant impacts on the lake. The concerns that the citizen groups have about the well and East Troy’s water plans include: ■ Lake Beulah would be impacted, not just because of declining water levels but by long term ecological changes resulting from the groundwater withdrawals such as temperature changes and aquatic species compositional changes. ■ The hydrology of the wetlands around the lake would be altered leading to a reduction in the value of the ecological services provided by the wetlands. ■ Even if the new pump were not pumped at full capacity an enormous amount of water would be lost from the hydrologic system as the Village pumps the water out of the Lake Beulah/ Mukwonago River watershed and into the Fox River watershed, where the Village’s wastewater is discharged. ■ The Village’s plan would contribute to unsustainable water uses when the cheapest, most sustainable solutions— water conservation and water reuse—have not been fully explored. ■ The Village is rushing to build the well when unbiased independent studies on the potential impacts have not been done. The small amount of testing the Village has done has been inadequate. ■ The impacts on the lake would not be dispersed evenly around the entire lake since groundwater enters the lake primarily from the south, nearer the proposed well location. This means parts of the lake could experience more impact than others. ■ The Village only performed well tests at one site rather than investigating multiple sites. On the basis of this one test site they claim this is the best site for the well. © iStock Lake Beulah and East Troy Wisconsin’s Administrative Rule NR 812 requires the DNR to issue permits for high capacity wells unless it is shown that there will be an impact on municipal wells. The Groundwater Protection Act extends consideration only to certain designated high quality water resources. The DNR is not allowed to consider environmental impacts to other special waters in the state, like Lake Beulah, wetlands or groundwater. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) 9 Richfield 10 commercial development had to demonstrate that the well used would not lower the level of the shallow aquifer by more than one foot at the property’s edge or more than half a foot beneath any perennial surface water body. Richfield does not have a municipal water system. This means that all residential and commercial developments are supplied by private wells. Under state law there is no authority to enforce a limit on the amount of aquifer drawdown that wells can create unless they are within 1,200 feet of high quality water resources. The DNR believes that the town overstepped its authority by setting absolute drawdown limits after developments were approved and that the ordinance “goes beyond the Town’s authority to restrict supply wells” but admits that it can do nothing to protect the water supply of the town. Pierce, Polk and St. Croix Counties in Western Wisconsin These three counties that are rapidly becoming a part of the Twin Cities metropolitan area are not facing any significant water quality problems or water supply shortages-yet. However, population growth rates in this area are among the highest in the state and projections forecast accelerated growth and development as improved transportation routes increasingly link the region with the Twin Cities. With an exclusive reliance on groundwater for public and private drinking water, this area is viewed by many as potentially problematic groundwater ‘hotspot’ in coming years. This tri-county region boasts a high concentration of high quality water resources including 10 Class 1 trout streams, and over 125 mapped springs. It also relies heavily on karst aquifers as its groundwater source. These karst aquifers are very susceptible to contamination, especially from nitrates commonly used in agricultural fertilizers, because water can flow freely through sinkholes and fractures in the bedrock rather than filter slowly through thick layers of soil. As this region continues to grow as a part of the Twin Cities expanding metropolitan area water issues are bound to arise. Studies are currently underway to better understand the hydrology of the area. This knowledge will help proactively protect the area, but knowledge will not be enough. It will be critical that the region grows wisely and as it does, take into consideration water sources, availability and vulnerability. © iStock Richfield, a rapidly growing town of over 11,000 residents located in Washington County, has been told that it has gone too far in attempting to proactively protect its groundwater for the future. Richfield used the information from a two year study of its groundwater resources to help guide its comprehensive plans and to write a town ordinance to protect its drinking water supply. The plans and ordinance were developed with a goal of protecting groundwater levels by maintaining the long-term recharge of the aquifer. In April 2006 the town was told by DNR lawyers that the ordinance goes too far and is too restrictive on development. By late August 2006 then-Attorney General Peg Lautenschlager had written an opinion that contradicted the DNR, saying the Richfield ordinance was well within its regulatory powers and it does not conflict with the DNR’s authority to regulate drinking water supplies. According to the Attorney General’s opinion, local communities can enact ordinances affecting matters of statewide concern, such as protecting drinking water. The town’s study, led by University of Wisconsin-Milwaukee researcher Doug Cherkauer and funded by a state Groundwater Coordinating Council research grant, involved examining the hydrogeology of the area, creating a groundwater flow model, quantifying the groundwater budget of the area and then making recommendations to Richfield. The Richfield town board—in light of the fact that the Town has only one viable water source and is experiencing rapid growth—wanted to ensure sustainability for its residents. Richfield used the scientific information acquired through the study, incorporating it into their comprehensive Smart Growth plan and crafting a town groundwater ordinance. This ordinance stated that its goal was to minimize the impacts on groundwater so as to “diminish the threats to public health, safety, welfare and the natural resources of the town.” Under the ordinance any new residential or Places to Watch… The Problem: A town that puts time, energy and resources into studying its water supply to better understand where and how to permit development, and then decides it wants to create an ordinance limiting groundwater drawdown in order to protect its water supply, is told it can not set those limits nor can the DNR protect the town’s supply of water. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) The Problem: While water quality and quantity may not be much of an issue now, the area’s rapid growth means that in the future—perhaps very soon—the vulnerabilities of the region’s waters will become an issue. Now is the time for the region to act. (For Clean Wisconsin’s recommendations to help correct these problems turn to page 12 of this report.) 11 Recommendations These eight groundwater hotspots clearly illustrate several things. ■ First, Wisconsin’s waters are connected: groundwater supply affects surface water quality and quantity, and what happens to our groundwater happens to our surface water. ■ Second, groundwater problems are not isolated to Green Bay and Waukesha, despite those areas being designated as the only two problem areas in the state. In fact, areas across Wisconsin are facing similar problems, and these problems are likely to become only more common as cities continue to grow and expand outward. ■ Third, solutions do exist for the water issues facing Wisconsin communities. These solutions require common sense, cooperation, smart planning and political will. Given the vital importance of groundwater to residents, business and industry, as well as our rivers, lakes and wetlands, combined with the threats that are facing our waters, it is clear that much more needs to be done to protect this vital resource. We must take the necessary next steps to build upon the Groundwater Protection Act. The state of Wisconsin should: ■ Make clear the connections between groundwater and surface water and build this reality into both its statutes and administrative rules. ■ Expand the list of issues to consider when permitting high capacity wells to include impacts on all surface waters. ■ Ensure that Smart Growth funding and planning incorporate water resources and supply and addresses potential future impacts that growth and development will have on our waters. References ■ Take advantage of the momentum created by the Great Lakes Compact and other initiatives that can help implement strong water management and conservation programs throughout the state. ■ Push the idea that water conservation by businesses, government, and homeowners is by far the cheapest and best way to reduce the impacts that result from overuse. ■ Change the criteria for designating GMAs to recognize that a 150 foot drawdown is not the only indicator of serious groundwater problems. In fact, by the time drawdowns have reached 150 feet, it may be too late for remediation efforts to be effective. ■ Allow communities to change their water rate structures to a model that encourages conservation rather than consumption. It is critical that Wisconsin communities work together, identify all water users and critical groundwater recharge areas, calculate current and future demands, project future population growth and make use of all this information to address current—and avoid future— groundwater management problems. More importantly, Wisconsin must learn lessons from past mistakes which have led to the problems across the state. While Wisconsin is certainly a water-rich state, portions of the state have become or are becoming water-poor or just have poor water. Overconsumption, inadequate planning and a lack of awareness have threatened waters across the state. Wisconsin’s wonderful waters—the water above ground and the water that lies below us— are a state treasure. Now is the time for areas across the state to look to the future and realize how important, and how vulnerable, our waters are. Fond du Lac Reporter articles: ■ Tainted wells force students to drink bottled water at Rosendale schools. April 7, 2006. ■ City moves quickly to lessen penalties on radium plan. May 26, 2006. ■ Wisdom of radium decision won’t be known for a while. May 26, 2006. ■ FdL misses radium deadline. December 8, 2006. Gaumnitz, L., T. Asplund and M. Matthews. 2004. A growing thirst for groundwater. Wisconsin Natural Resources, June. Available online at http://www.wnrmag.com/stories/2004/jun04/ground.htm. Grannemann, N.G., R.J. Hunt, J.R. Nicholas, T.E. Reilly, and T.C. Winter. 2000. The importance of water in the Great Lakes basin. USGS report 00-4008. Available online at http://water.usgs.gov/ogw/pubs/WRI004008/contents.htm. Lake Beulah Protective and Improvement Association website. Available online at http://www.lakebeulah.org/home.html. Lathrop, R., K. Bradbury, B. Halverson, K. Potter and D. Taylor. 2005. Responses to urbanization: groundwater, stream flow and lake level responses in the Yahara Lakes basin. LakeLine (North American Lake Management Society), Winter 2005. Available online at http://www.uwex.edu/wgnhs/pdfs/miscpdf/Lathrop%20et%20al%20LakeLine%202006%20article.pdf. Mechenich, D.J. and G.W. Kraft. 2006. Groundwater management tools and an evaluation of Best Management Practice effectiveness for the Stevens Point-Whiting-Plover Wisconsin Groundwater Recharge Area. Available online at http://www.uwsp.edu/CNR/gndwater/Stevens%20Point-Whiting-Plover%20Groundwater%20Management.htm. Milwaukee Journal Sentinel articles: ■ Behm, Don. Study to test waters in Richfield. September 16, 2003. Available online at http://www.jsonline.com/story/index.aspx?id=170033 ■ Behm, Don. Area aquifer projected to drop 125 feet by 2020. May 21, 2004. Available online at http://www2.jsonline.com/news/metro/may04/231239.asp ■ Behm, Don. Water ordinance oversteps, DNR says. April 12, 2006. Available online at http://www.jsonline.com/story/index.aspx?id=415321 ■ Behm, Don. Town can protect its groundwater. August 30, 2006. Available online at http://www.jsonline.com/story/index.aspx?id=489601 ■ Egan, Dan. Water fight anything but neighborly. February 11, 2006. Available online at http://www.jsonline.com/story/index.aspx?id=401000 ■ Enriquez, Darryl. All eyes on ruling over water rights. June 20, 2005. Available online at http://www.jsonline.com/story/index.aspx?id=335020 ■ Enriquez, Darryl. Lake Beulah groups appeal decision. September 14, 2005. Available online at http://www.findarticles.com/p/articles/mi_qn4196/is_20050914/ai_n15363632 ■ Enriquez, Darryl. Arsenic contaminates 5% of area wells. June 4, 2006. Available online at http://www.jsonline.com/story/index.aspx?id=431638 ■ Sink, Lisa. Judge OKs well near Lake Beulah. June 29, 2005. Available online at http://www.jsonline.com/story/index.aspx?id=337279 ■ Sheeley, Dave. Crowd urged to talk over new well. July 1, 2005. Available online at © iStock / Kevin Green http://www.jsonline.com/story/index.aspx?id=337848 12 Town of Kaukauna. 2006. Central Brown County Water Authority case study. Available online at http://www.townwater.org/cases/cbcwa.htm University of Wisconsin Water Resources Institute. Groundwater Drawdown factsheet. Available online at http://wri.wisc.edu/GroundwaterDrawdown.pdf. 13 Clean Wisconsin Clean Wisconsin Clean Wisconsin, an environmental advocacy organization, protects Wisconsin’s clean water and air and advocates for clean energy by being an effective voice in the state legislature and by holding elected officials and polluters accountable. Founded in 1970 as Wisconsin’s Environmental Decade, Clean Wisconsin exposes corporate polluters, makes sure existing environmental laws are enforced, and educates citizens and businesses. On behalf of its 10,000 members and its coalition partners, Clean Wisconsin protects the special places that make Wisconsin such a wonderful place to live, work and play. To become a Clean Wisconsin member, join online through our secure pages at www.CleanWisconsin.org. Or call (608) 251-7020 for more information. 122 State Street, Suite 200 Madison, WI 53703 Phone: (608) 251-7020 • Fax: (608) 251-1655 www.CleanWisconsin.org
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