Wisconsin Legislators Look to Give Away Water to Special Interests

Pro-water signs proliferate in the town of Saratoga in
central Wisconsin.
Image was taken May 2015 by Saratoga resident

Madison, Wisconsin — Communities in central Wisconsin look to the state capitol to see if legislators will turn their backs this morning.

It's a good chance legislators will turn their backs on their own constituents, they're considering a bill that would deplete Wisconsin's waters for the benefit of special interests:

The bill is Wisconsin Senate Bill 76, (Assembly Bill 105), and has drawn opposition from communities, small farmers, businesses, recreation and tourism activists, property rights activists and a coalition of citizens who have worked to stop the operation of a proposed industrialized factory farm or CAFO, (Confined Animal Feeding Operation) in central Wisconsin.

Among the effects on water policy in the bill are Constitutionally dubious changes to environmental laws that plead regulatory procedures to ignore Wisconsin’s Public Trust Doctrine, which protects public access to waters.

The bill is expected to be acted upon on March 28 between 10 am and 1 pm in the Senate Committee on Labor and Regulatory Reform. [Linked here is the Wisconsin legislative committees' calendar.]

From Rome and Saratoga, (Wisconsin), Concerned:

Dear Senators,

Let's be honest about the proposed bill. We know it's a reach by the large grower lobby to gain the advantage and have unlimited access to groundwater. And, we recognize that the plan for a paper ballot is to prevent you from considering amendments that might make this bill more reasonable to all citizens.

The large growers have spent large sums of money to try to sway you, they've created their own groundwater fact book filled with junk science and innuendo, they launched a campaign in the central sands to try to influence each county board into quietly standing by while they assault our state capitol with their junk science, and recently they've been seen at listening sessions using misleading photos to suggest there is no damage to lakes in the central sands.

During this same time, you've seen growing numbers of constituents busing to Madison to share scientific evidence with you that shows our lakes and streams are being unfairly damaged by excess groundwater pumping via high capacity wells from these same grower organizations. You've seen more and more press coverage stating the issues with water all around our state.

By now, you recognize that there are key differences to the two sides on this issue. On one side, you have large grower interests using their financial power to try to influence you through lobbyists and misleading information. On the other side are your constituents, lobbying you with empirical information and personal stories showing what is actually happening to our lakes and streams from over pumping of high capacity wells, sharing the threats to the state's $20 billion tourism revenue, and sharing concerns for their own property values and lifestyle issues with the threat of even more high capacity wells and unlimited pumping. I would remind you that there are already 13,000 high capacity wells in our state, the majority used for agriculture.

So, the question to you is, will you support the citizens who are asking for reasonable groundwater solutions in critical areas like the central sands, or will you bend to the big grower lobby trying to have unfettered groundwater access regardless of the effect on our citizen's right to clean and abundant water? The recent healthcare repeal attempt is an indicator of the result when citizens apply pressure to protect what's important to them. Ignore it at your own peril.

Please vote no on the paper ballot and force a more reasonable groundwater bill.

Central Wisconsin Communities Flash Red over Bill to Deplete Waters

Paradise imperiled - Lake Camelot in central Wisconsin

Madison, Wisconsin — Following the Republican effort to pass by stealth the unpopular "death by a 1,000 straws", anti-water bill, central Wisconsin citizens' groups and communities are mobilized.

The bill is Wisconsin Senate Bill 76, (Assembly Bill 105), and has drawn opposition from communities, small farmers, businesses, recreation and tourism activists, property rights activists and a coalition of citizens who have worked to stop the operation of a proposed  industrialized factory farm or CAFO, (Confined Animal Feeding Operation) in central Wisconsin.

Among the effects on water policy in the bill are Constitutionally dubious changes to environmental laws that plead regulatory procedures to ignore Wisconsin’s Public Trust Doctrine, which protects public access to waters.

The bill is expected to be acted upon on March 28 between 10 am and 1 pm in the Senate Committee on Labor and Regulatory Reform. [Linked here is the Wisconsin legislative committees' calendar.]
 
Below is a press release from Concerned Rome Citizens, (Adams County (Wisconsin)), and a communication from Protect Wood County and Its Neighbors, (Wood County Wisconsin).

For Immediate Release
Press Release
Contact: Don Ystad            
Phone: 262-894-9423          
Email: info@romeconcerned.com

Proposed SB76/AB105 strikes a blow to state tourism and property rights

Concerned Rome Citizens opposes SB 76, (AB 105), as written.  Passage of this bill in current form will result in continuing PERMANENT damage to our state’s waters – lakes, rivers, streams, wetlands, and residential water wells.  It may provide assurances to a select group of large growers and agricultural land owners, but it does not solve any problems for our state groundwater and surface water issues and only allows our current problems to continue and in some cases, expands those problems.

Further, the scheduling of a paper ballot vote on March 28th by the Senate’s Committee on Labor and Regulatory Reform ignores the 9 hours of testimony provided at the initial public hearing a few weeks ago and prevents consideration of amendments suggested by legislators and attendees.  In short, it’s an attempt to fast track this bill for influential donors.

Wisconsin is a mecca for recreation and tourism. Allowing the passage of SB76/AB105 would land a direct blow to the thriving tourism industry upon which many of our rural communities depend.  Many vacationers who would otherwise travel to Wisconsin will find alternate vacation destinations to boat, fish, and recreate as lake levels continue to be drawn down.

SB76/AB105 will guarantee the continued drawdown of many lakes, trout streams, and residential wells if passed because it does nothing to remedy the current issues with lakes and streams already drawn down by excess pumping, or to prevent damage to lakes and streams in the future.  Unlimited permits are unprecedented in Wisconsin and pose a serious and immediate danger to our waterways and our residents.  Periodic review of high capacity well permits is essential to protect our waters. 

The following amendments should be considered and acted upon on behalf of Wisconsin constituents and citizens.

Wisconsin has a varying geology and we need an amendment that recognizes such where permitting and regulating high capacity wells is concerned

• Identify the Wisconsin areas like Central Sands that are currently impacted, or subject to impact because of their geologic makeup. Make periodic review mandatory for all high capacity wells located in these areas and eliminate the need to do so where the science and history show it’s not necessary. Periodic review of a high capacity well in areas of Wisconsin currently demonstrating no significant impact from over-pumping is unnecessary when a well requires maintenance or reconstruction.

While automatic transfer of well permits when a property is sold may be important to high capacity well owners, maintaining lake and stream levels is equally important to citizens and the communities, counties and state where they live.

• An amendment is needed to provide permit review before sales transfer in areas of our state where the science or history show impacts from over-pumping. This is especially crucial with transfer of land from property owner to another entity which plans to pump in excess of previous records of well pumping or is in a region where high capacity wells are already demonstrating impacts.  Conversely, transfer of property (ownership) between family members with the same purpose and estimated pumping rates of the property’s high capacity well, when in an area that is not identified as an area of concern due to over-pumping, does not require a periodic review.

Science has shown us that trying to refill a lake with a new high capacity well when that lake has been impacted by over-pumping of existing high capacity wells simply does not work.  By now we’ve all learned that surface water and groundwater are directly connected.

• That provision should be stricken from the bill.

Citizens are at a civil litigation disadvantage once permits are awarded to large organizations.  Wording within this bill denying citizens right to request a contested case hearing is contradictory to the democratic process.

• Citizens should have the right to contest a permit decision before a permit holder is allowed to operate, based on studies or evidence that shows the potential risks.

And finally, the Sensitive Resource Study Area outlined in the Central Sands region requires further consideration in that it does not incorporate the already highly impacted areas, instead targeting three random low impact areas. Highest impact areas must be included in the study

•     Because of the unique geological conditions involved, study and groundwater modeling should incorporate the entire Central Sands region and not limited areas
•     Temporary suspension of new high capacity wells should be implemented in the Central Sands region already showing the highest amount of impact due to over-pumping of high capacity wells.  This temporary suspension should remain in place until completion of the new study AND corrective actions are put in place legislatively to address the critical area and over-pumping occurring

Numerous scientific studies and models have confirmed the effects of over-pumping on ground and surface water.  However, agriculture interests continue to lobby for an advantage with the public’s water.  Visitors aren’t coming to Wisconsin because of our agriculture industry. They come and spend $20,000,000,000 here annually because we have a lakes environment second to none.  As Wisconsin residents, we trust our elected officials to enact legislation that will support the needs of agriculture and tourism, as well as property values and lifestyle for all residents for generations to come.  We expect changes in these bills that represent the needs of all Wisconsin property owners.

Concerned Rome Citizens values the lakes in the Rome area that contribute in a large way to the $300,000,000 annual tourism revenue in Adams County.  The billion dollars in valuation of lake properties in Adams County represent a major source of revenue to commerce, schools and community services. 

These lakes communities around our state must be protected.
  #
From Protect Wood County and Its Neighbors

Spring is fast approaching which means all eyes and ears need to be open as the potential for manure dumping by the Wysocki's is high.

We have information that the Central Sands Dairy manure lagoon is full to the top.  The lagoon will need to be pumped soon and the manure will have to go somewhere, so keep your eyes open and report anything you see out of the ordinary.

SB76 / AB105 - Relating to: replacement, reconstruction, and transfer of an approved high capacity well, recommendation of special groundwater measures by the Department of Natural Resources, and metering requirements and grants for certain high capacity wells.

After 9 hours of testimony by Wisconsin citizens on March 15th the Senate Chairperson (Senator Nass) later instructed the Committee on Labor and Regulatory Reform to vote on SB76 by paper ballot on Tuesday March 28th between the hours of 10AM and 1PM.

The paper ballot decision eliminates discussion of citizen testimony heard, debate of technical pieces of the bill, and does not allow for amendment to be introduced on the bill by committee members.  It also blocks the public from viewing and observing the committee communications.

Now more than ever we need citizens from all over Wisconsin hitting our elected officials with personal emails and phone calls voicing their concerns about this bill and the committees plan to proceed with a paper ballot vote.  Linked below are our Legislators email addresses in an easy copy and paste format.  Be sure to take a few minutes and do your part today.

2017 Elected Wisconsin Officials
 #

Wisconsin Republicans Block Hearing, Debate on Bill That Would Deplete Ground and Surface Waters

It's called industrial agricultural irrigation, but it's
the pumping of millions of gallons of water that
is combined with millions of tons of cow manure
and vectored onto Wisconsin communities.
Whole communities face economic and
social degradation as Wisconsin Republicans now
disregard swaths of the population. In fact,
Republicans are actively pursuing policy that will
effect consequences devastating to entire regions.
Data: Wisconsin Department of Natural Resources.
Credit: Kate Prengaman/
Wisconsin Center for Investigative Journalism

Madison, Wisconsin — No need for a public hearing, no cause for a debate, just pass the death by a 1,000 straws bill that will allow virtually unfettered access and control of Wisconsin aquifers by the Big Ag industrial interests who also control Wisconsin's legislative Republicans.

"State Senate Republicans plan to vote next week without a public committee meeting or debate on a controversial bill that would further loosen regulation of high-capacity wells that are linked to low water levels in lakes and streams," reports Steven Verburg in the Wisconsin State Journal.

The bill is Wisconsin Senate Bill 76, (Assembly Bill 105), and has drawn wide opposition in numerous communities, including small farmers, small businesses, recreation and tourism activists and clean water activists facing a hostile Republicans state government.

The news of the Republicans' new closed-to-public stance follows by some two weeks the release of a "critical state audit that found a drop in enforcement activity and other problems in the wastewater program for factories, municipalities and large farms," as reported by Lee Bergquist in the Milwaukee Journal Sentinel.

One public hearing last week drew a wide attendance. Republicans look to discourage citizen participation to protect public waters.

"Last week, a nine-hour public hearing drew more than 60 speakers for and against the proposal to eliminate environmental impact reviews of wells when they are replaced, repaired or sold. Those are the only times the state evaluates how an existing well pumping millions of gallons from the aquifer is affecting other water users," notes Verburg.

In Wisconsin, Republicans are controlled by special interests to a degree that many communities' leaders— municipalities where populations are mobilized against Big Ag—acknowledge on background delaying Republicans will allow legal challenges to proceed with increased public awareness (Saratoga for example). Put another way, only by stopping hostile Republican government can communities protect themselves.

From the Sustain Rural Wisconsin Network (SRWN) group:

Wisconsin is a mecca for recreation and tourism. Allowing the passage of SB76/AB105 would land a direct blow to the thriving tourism industry upon which many of our rural communities depend.  Those who travel to Wisconsin will be forced to find alternate vacation destinations to boat, fish, and recreate as lake levels continue to be drawn down.

SB76/AB105 will guarantee the continued drawdown of many lakes, trout streams, and residential wells if passed by our current legislature.  Unlimited permits are unprecedented in Wisconsin and pose a serious and immediate danger to our waterways and our residents.  Periodic review of high capacity well permits is essential to protect our waters.  

The transfer provision in SB76/AB105 is of greatest concern and encourages elected officials to purposefully and directly ignore the state’s Public Trust Doctrine, which states the waters of Wisconsin belong to all of us. Transferring water rights with the sale of a property is in direct conflict with that doctrine outlined within our state’s Constitution. Transfer wording should be deleted entirely from this bill.

As Wisconsin residents, we depend and trust our elected officials to enact legislation that will ensure our surface and groundwater will be here for our children and grandchildren to use and enjoy.  Moreover, we have property rights and hold our representatives to the expectation that they will protect our interests over big industry donors who are attempting to buy preferential legislation.

Numerous scientific studies predicted reduced surface and groundwater due to overpumping from high capacity wells. Statewide, lakes, streams and wells are drying up and we are demanding legislative action to protect our water NOW. Do not vote to pass legislation that will make Wisconsin water issues worse and directly impact our tourism and recreational industry. SB76/AB105 will not stop or prevent further damage to the families of Wisconsin… it ensures the damage will continue.

Sustain Rural Wisconsin Network (SRWN) is a statewide coalition of thousands of individuals and hundreds of organizations dedicated to preserving the environment while maintaining the health and economic vitality of rural communities. We are concerned about Wisconsin’s water resources and support sustainable water use. We cannot support legislation that gives Wisconsin’s water to the highest bidder at the detriment of the citizens.

Wisconsin Pollution Permits, Already Weak, Left to Expire by State Water Protectors

Protecting our lifeblood. Citizens rally at Wisconsin capitol in
February 2017. Hundreds more expected March 15, 2017 to
oppose water give-away bills (Senate Bill 76, Assem Bill 105)
pushed by Wisconsin Republicans,
(Protect Wood County and Its Neighbors)

Updated - Madison, Wisconsin — When viewing disasters from afar like typhoons striking third-world countries, we flip the channel.

Who wants to see the break-downs of safe water and sanitation systems, and depictions of fecal vectors carrying zoonotic bacterial disease, for example.

But we know to never drink water poisoned by feces.

Yet, in Wisconsin and other rural states whose governments have been taken over by Big Agriculture, (aka: industrialized ag, CAFOs, (Confined Agricultural Feeding Operations), the poison lobby), ag industries routinely replicate on small scales the effects of natural disasters.

Industrial agricultural operations emit millions of tons of liquidized, aerosolized and untreated cow feces into the environment to tragic health, economic, and social effects, (Yelle, Mal Contends), (Paulot and Jacob, NASA), (Ikerd, University of Missouri-Columbia), (Lundstrom, Cornucopia Institute).

Hundred of farmers, veterans, business owners and the just plain scared are expected at the Wisconsin state capitol March 15 to fight Republican-supported bills to take away protections from safe water. Industry wants the right to deplete water as well as poison water.

Have your ever met a family whose young child was almost poisoned by death by bathing and drinking water? (Midwest Environmental Advocates), (Wisconsin Watch), (Mal Contends). Pope Francis' recently made news with the call, "the earth is essentially a shared inheritance, whose fruits are meant to benefit everyone," a corollary of which is don't poison your neighbor, (Ikerd)

Wisconsin now has over 100s of heavily polluting dairy CAFOs. "Applications to the DNR for dairy CAFOs are approaching cattle populations of 10,000 head each. That’s a far cry from the forty-cow family-run dairies of 25 years ago. In terms of a very common measure of water pollution potential, biochemical oxygen demand, the organic pollution potential of a 10,000 head dairy is equal to 180,000 people. That’s bigger than the city of Green Bay. Green Bay has a waste-water treatment plant. CAFOs do not. A 10,000 head dairy produces enough manure to fill up Lambeau Field where the Packers play all the way to the top of the cheap seats on the fifth story bleachers, ... four times a year," said Gordon Stevenson in an interview with Mal Contends in 2014. Stevenson is a 26-year veteran of the DNR where his last assignment was serving as the Chief of Runoff Management until his retirement in January of 2011.

The pollution is getting worse, and the regulation for the public welfare is getting weaker.

Expired Wisconsin Pollutant Discharge Elimination System, (WPDES) Permits

Mary Dougherty of Bayfield County in northwestern Wisconsin is working with a citizens' group that has successfully stopped the operation of a massive swine CAFO that would devastate arguably the most beautiful region in Wisconsin bordering Lake Superior and national forests, (Facebook), (Slater, Duluth News Tribune), (Mal Contends), (Mal Contends), (Russell, Fox 21-KQDS).

Dougherty has a post in Facebook out that is a must-read.

Dougherty tabulates the number of expired Wisconsin Pollutant Discharge Elimination System, (WPDES), permits. WPDES is French for approval to vector cow feces into the environment and communities.

The EPA notes of cow manure: "When excess nutrients, pathogens, organic matter and solids from manure discharge to surface waters they can cause excess algae growth and deplete the water of oxygen needed by fish and other aquatic life; they can also make the water unsafe for recreational activities and as a source of drinking water. Manure pollutants can also leach through the soil and enter the groundwater, making it unsafe for drinking."

Dougherty found that 31 percent of WPDES approvals are expired. This continues the Republican Party's go-ahead to pollute without consequences.

Writes Dougherty:

I went through the DNR WPDES (CAFO permit) database last week and created a spreadsheet with all the expired CAFO permits in Wisconsin. And guess what?? 93 of the 291 permits for WI CAFOs are expired (nearly 32%).

There are at least 333,930 Animal Units, or nearly 334 million pounds of cows, pigs, turkeys and chickens, producing manure without a current permit in Wisconsin.

This is yet another example of the lack of oversight by the DNR when it comes to CAFOs in Wisconsin. And I lay the responsibility for this alarming and wholly unacceptable situation at the feet of our elected officials in Madison.

They have the power (by providing funds and direction to the DNR) to rectify this situation and they choose NOT to protect citizens from the rampant CAFO pollution poisoning rural communities because they are doing the bidding of Big Ag at the Capitol.

For screen shots of each expired permit, see Expired WDPES Permits in Wisconsin and Facebook.

Last year Wisconsin Public Radio reported, "In their 2017-19 biennial budget request, the DNR proposes increasing staff dedicated to the CAFO program from 17 to 21 by reallocating positions to the CAFO permitting staff."

The staff won't be there to help Wisconsin families and communities. The staff will green-light polluting permits faster.

Expired Wisconsin Pollutant Discharge Elimination System, (WDPES), Permits

By Mary Dougherty

Scott Walker Still Targets Wisconsin Idea, Rural Wisconsin Resources

UW Extension is the Wisconsin Idea in Action

Updated - The University of Wisconsin Extension held a workshop in  December informing Bayfield and Ashland county residents of the health risks of the proposed swine CAFO. (Mullen, Ashland Daily Press (Wisconsin)) (Mal Contends)

The workshop was well-attended, northern Wisconsin communities used scientific findings to make local policy informed by the implications of the proposed swine factory, a 560-acre operation that could be sold to China (which owns one-fourth of the American pork industry and is anti-green on pollution).

Former Wisconsin attorney general J.B. Van Hollen subsequently rushed out a formal advisory opinion the Friday before Christmas Day stating agricultural operations could be sold to foreign countries, as long as the industrialized agricultural site is less than 620 acres. (Mal Contends)

Now, we learn that Scott Walker wants to eliminate myriad UW outreach and environmental programs in Walker's proposed budget, as reported in a column written by a UW graduate student studying the budget.

Such UW programs and institutions effectively blow the whistle on the destructive industrialized farming operations that have proliferated the last 10 years.

Walker's budget would terminate all manner of manifestations of the Wisconsin Idea, and environmental outreach institutions.

Targeted for defunding by Walker are the acclaimed College of Natural Resources at UW-Stevens Point (offering a water quality symposium March 19) and myriad UW Extension and environmental institutions.

Walker's Budget language is full of language such as "delete" appropriations, a radical policy move that Walker did not run on during the 2013-14 gubernatorial campaign.

"[Walker's] new budget dilutes or terminates the public interest and the public sector in Wisconsin so Republican corporate donors and Tea Party advocates who have funded his campaigns can appropriate public resources," notes The Political Environment.

Wisconsin Idea

The Wisconsin Idea remains under full-scale attack should Scott Walker's budget be passed through the GOP-gerrymandered legislature. See Walker Budget. (pp 472-473)

Walker mandates that his notoriously partisan Department of Administration would by statute "interrogate UW System Authority employees publicly or privately regarding the books, accounts, and matters examined. Provide that the UW System Authority would be required to cooperate with the DOA Secretary and comply with every request of the DOA Secretary related to his or her functions." (p.494)

After Scott Walker is humiliated in his faux run for president, Walker will move back to Wisconsin and target the state. One hopes most Wisconsinites will be awakened from their political slumber.