August 7, 2009

A Balancing Act for the Groundwater Protection Act

On Earth Day 2004, Wisconsin took a major step in protecting its vital groundwater resources.  Nothing on that magnitude had occurred in nearly forty years, and when the Groundwater Protection Act of 2003 was signed into law, it gave me great pride to be involved in that effort, as the co-author of the legislation.  But at the time, it was evident  more work needed to be done, as preserving the state’s “liquid gold” does not begin and end with a single legislative effort.

The creation of the Groundwater Protection law took nearly two years to achieve and required a consensus of business, environmental, agricultural, and municipal groups, as well as officials with the Department of Natural Resources (DNR), members of the academic and scientific community, and of course, the public at large. 

By all accounts, every group and interest of every political and policy persuasion was represented and each had a meaningful impact on crafting the Groundwater Protection law.  Bringing all those individuals together for a common purpose and finding agreement among them was challenging, but the reward has paid off many times over in the last five years. 

We laid the foundation not only for the water protection measure, but also the method in which to achieve the greatest success to move such policy through the Legislature.  While the enactment of the bill was most gratifying, it was equally so knowing consensus legislation remains the most appropriate manner to advance strong environmental policies for Wisconsin. 

The 2003 Groundwater Protection law, in the simplest of terms, creates a standard of greater environmental review for any proposed high capacity well – a well which draws more than 100,000 gallons per day – that may adversely impact some of the state’s most sensitive water bodies, such as springs, trout streams, rivers, and some lakes.  Any such proposed well within 1200 feet of those types of water resources is not immediately denied, but rather, receives greater scrutiny by the DNR.  Of course, the Department could eventually deny the request, or require it be moved out of the 1200 foot buffer zone. 

Having guidelines codified in state law also offers certainty and predictability to anyone wishing to drill a high capacity well.  The law is very clear on where a well may be sited, and when the higher standard of review would occur.  According to the DNR, only a very small number of high capacity wells have been proposed, considered, and approved within the 1200 foot zone, which is precisely what the law is intended to do.  In fact, the DNR reports the Groundwater Protection law has met every single goal set forth since its enactment, an achievement rarely bestowed on such prominent environmental laws. 

Five years ago, we knew every concern could not be addressed in such a small window of time.  Thus, we looked prospectively at the many issues surrounding groundwater protection and created a Groundwater Advisory Committee, which would meet for a two year period to discuss those issues and report back to the Legislature with any and all recommendations for additional legislation. 

Like the stakeholder group that crafted the law, the advisory committee was comprised of business, agriculture, environmental, and municipal interests, and used a fine-toothed comb to examine every nuance of the law.  All totaled, those two groups have dedicated literally thousands of hours to this effort, and their work has not gone unnoticed. 

Recently, the Groundwater Advisory Committee delivered its final report to the Senate Environment Committee and Assembly Natural Resources Committee for its consideration.  As the ranking Minority member of the Senate Committee and co-author of the law, I was most interested to read the report and discuss its contents at an informational public hearing late last month.  We are now aware of what could be done in a bi-partisan fashion in terms of new groundwater protection law, but we are also aware of areas in which no consensus could be reached by the committee. Thus, any legislative effort put forth in that regard may not maintain the spirit of the original law. 

Going forward, it is my hope both legislative committees offer due diligence with any future initiatives, while being mindful of past initiatives and the manner in which those were created.  The Groundwater Protection law was a major step in protecting the resource, but it would have never been taken if all affected parties were not willing to do so – together. 

Wisconsin is a water wealthy state, but that wealth is not unlimited.  As we had five years ago, an opportunity to make responsible policy decisions is before us, and to be certain, it will be a challenge for members of both political parties.  We also have an opportunity to continue the legacy of water protection in this state, as we recognize the environmental and economic benefit it produces, and how both factors need to be balanced.  But that policy must be a collaborative and cooperative effort, and uphold the intent and spirit of the landmark 2003 Groundwater Protection law.  I look forward to that debate this session, as our journey to protect this vital resource ventures on. 

-30-

Sen. Kedzie can be reached in Madison at P.O. Box 7882, Madison, WI 53707-7882 or by calling toll-free 1 (800) 578-1457.  He may be reached in the district at (262) 742-2025 or on-line at www.senatorkedzie.com