Progressive Thinking

Section 22 of the Wisconsin constitution states, “The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles” yet elected officials in Madison will ignore this cornerstone of the Wisconsin constitution on May 2nd and likely pass SB 76, or the ‘Death by 1,000 Straws,’ high capacity well bill. Citizens and grassroots groups from around the state are calling for their elected officials to vote ‘no’ on SB 76 because permanently granting high capacity well permits without state oversight is in violation of their oath of office to uphold the state’s constitution.

For over a century citizens of Wisconsin have relied on the State Constitution for its protections and safeguards from overzealous and overreaching governmental policies and political parties.  Enshrined in the constitution is the Public Trust Doctrine, which states that our elected officials must act as trustees of Wisconsin’s waters for its citizens. As trustees, they have a duty to care for, manage, improve, and protect the water for the benefit of the citizens. It is this time-honored and foundational component of our state’s constitution that is in the cross-hairs of SB 76.  Any elected official who votes ‘yes’ on May 2nd will be acting in direct conflict with their role as trustee of Wisconsin’s waters.

The lack of reasonable moderation in SB 76’s fast-tracking through the Legislature is alarming. Undue industry influence (to the tune of nearly a quarter million dollars in just the last legislative session) has likely driven the fast-tracking and passage of SB 76.  This bill has been assigned to inapproriate committees, had a joint hearing in front of Senate and Assembly committees, was voted out of the Senate Committee by secret paper ballot (which did not allow for the introduction of commonsense amendments), and the purposeful misleading of citizens and other elected officials with false facts and biased information has been disheartening.

Senator Scott Fitzgerald and other supporters of SB 76 claim this bill is a necessary response to industry's need for “regulatory certainty” for high capacity wells (HCW) that may need to be replaced, maintained, repaired, or transferred illustrates a clear disregard for the facts.  Wisconsin Department of Natural Resources (WDNR) records simply do not support these claims as outlined in prior press statements shared by numerous groups.

Wisconsin Legislators have been misleading both constituents and coworkers stating the WDNR will still have authority to review and condition HCW under statute 281.34 (7).  Which states:
Modifying and rescinding approvals for high capacity wells. The approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., remains in effect unless the department modifies or rescinds the approval because the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to the approval of the high capacity well. This statute grants authority to review or rescind only when a HCW is being used outside the guidelines of its current permit.

There are HCWs in operation today that are pumping within the confines of their permit and, in spite of those permitting conditions,  are significantly impacting area lakes and streams.  This standard does not grant the WDNR the authority to condition or restrict pumping from a current HCW due to its impacts on local water resources.  Mischaracterizing this provision as a remedy for citizens who are impacted by overpumping is a false claim meant to mislead the public. WDNR has been questioned about this scenario repeatedly and has verified that Statute 281.34(7) does not grant them the authority to impose pumping conditions if the HCW is functioning within the confines of its permit.

Finally, supporters of this bill note State Statute 30.03 relating to the enforcement of forfeitures; abatement of nuisances; infringement of public rights as an additional avenue for those affected by HCW overpumping. WDNR representatives indicate abatement through statute 30.03 is an unrealistic avenue for their department due to time factors, personnel limitations, and court costs associated with processing such a suit. Once again the burden and expense is passed on to citizens to battle through the courts, which is often an unattainable and burdensome option.

In effect, SB 76 would turn high capacity well permits into eternal unreviewed and unalterable permits, regardless of their impacts on local watersheds or surrounding wells.  These essentially permanent permits are especially alarming when we consider that the WDNR is permitting HCWs without accounting for their cumulative impacts.

Passage of SB 76 will exacerbate this situation and means once again citizens will have to go to court to affirm and regain their constitutional right to their reasonable use of the waters of the state. They have had to do this before and the courts have upheld that right every time.  Despite this clear mandate, our WDNR relies on a non-binding opinion by Attorney General Schimel rather than following the constitution, the courts, and the broad statutory authority granted to the department by the state legislature.

There are common sense solutions for protecting our precious groundwater that provide sufficient water for all users and respect property rights.  This, however, would require a much more holistic and comprehensive groundwater management law.  In its current state, far from solving the issues, this bill would simply lock in the current problems homeowners, citizens, and wildlife face from increased high-capacity pumping.

Wisconsin residents from nearly every county in the state are represented by the organizations united in this message.  We deserve fair representation and legislation that ensures surface and groundwater will be here for generations to come. Elected officials are sworn to uphold the Wisconsin state constitution and any legislation, like SB 76, that endangers the Public Trust Doctrine is in direct violation of their oath of office. Wisconsin citizens from across the state have signed on to this statement and expect our representatives in Madison to protect the citizen interests over big industry donors who are buying preferential legislation.

On behalf of the groups listed below and the thousands of citizens we represent statewide, we ask that you vote “no” to SB 76.

Citizens' Water Coalition of Wisconsin

Sustain Rural Wisconsin Network

Wild Rivers Chapter Trout Unlimited

Friends of the Central Sands

Frac Sand Mining Awareness

Crawford Stewardship Project

Protect Wood County & its Neighbors

Save The Hills Alliance

Kewaunee CARES

People Empowered Protect the Land (PEPL) of Rosendale

Green County Defending Our Farmland

Central Wisconsin Nature Foundation

Citizen Action Organizing Cooperative

Facing Forward Vernon Our Wisconsin Revolution

Inland Sea Society

From the Earth

Indivisible Fond du Lac

Protect Our Water

Friends of the Kinni

Concerned Rome Citizens

Rome Saratoga Friendly

Indivisible Winnebago

Central Sands Water Action Coalition

Forward Kenosha

Rinehart Lake Association

Farms Not Factories

Spirit Creek Water Protectors

Indivisible Milwaukee ~ South Side

Bad River Watershed Association

Frac Sand Sentinels

Indivisible Solon Springs

Indivisible DeForest

Concerned Citizens of Princeton

Citizens for a Better Environment Lake Mills

Emerald Clean Water For All

Penokee Hills Education Project

Penokee Hills Light Brigade

Water Protectors of Milwaukee

Friends of the Eau Claire Lakes Area

Citizens for Environmental Stewardship

Indivisible Ashland

Heartland Land Creations

League of Women Voters of Ashland and Bayfield Counties

LCO/Sawyer County Dems

Preserve Waupaca County

League of Women Voters Upper Mississippi RIver Region

Crystal Lake Club

Friends of the Tomorrow /Waupaca River

Waupaca Commoners Caucus

Constituents Only

Defending Our Ixonia Countryside

Vernon County Democratic Party

Citizens for Safe Water Around Badger

Gaia Coalition

Concerned Citizens of Easton

League of Women Voters/Greater Chippewa Valley

Clean Water Action Council of Northeast Wisconsin

Organic Consumers Association

Blue Jean Nation

Wisconsin Resources Protection Council

Echo Valley Hope

Madison Action for Mining Alternatives

Reedsburg Area Concerned Citizens

In recent years, Wisconsin appears to have lost its ambition to be first or best. Roads are going to hell, we rank 49th in Internet speed. We’re lagging badly in renewable energy development and jobs. Recovery starts with wanting to be a state of firsts again.

ALTOONA, WI - Wisconsin has more than its share of problems. Our state leads the nation in shrinkage of the middle class and is dead last in new business start-ups. The roads are going to hell. We rank 49th in Internet speed. We’re lagging badly in renewable energy development. We used to pride ourselves on having some of the best schools in the nation, but in recent years have watched them slip toward mediocrity. Many parts of the state now have a public health crisis on their hands when it comes to drinking water.

The biggest problem of all is that Wisconsin appears to have lost its ambition to be first or best. For the time being the state seems content to be average or even bring up the rear. Wisconsin has, temporarily at least, lost its pioneering spirit. Past generations made Wisconsin a state of firsts. First in the nation to establish kindergartens, first to set up a vocational, technical and adult education system. First to pass a law providing workplace injury compensation, first to create an unemployment compensation program. First to create primary elections to take the business of nominating candidates away from party bosses in smoke-filled rooms and put it in the hands of the people. First to base taxation on the ability to pay. Social Security was cooked up here.

Today, about the only way Wisconsin leads the nation is in the disappearance of the middle class. For Wisconsin to become what it has the potential to be, the state’s pioneering spirit has to be rediscovered. We have to aspire to be first again.

For example, it should be Wisconsin’s goal to be the first state in the nation to be fully powered by renewable energy. You know some state is going to get there. It’s only a matter of time. Why shouldn’t Wisconsin be that state? The race is on, but Wisconsin has not yet shown it is serious about competing in that race. Time for that to change.

Wisconsin needs to make education and job training as affordable for our kids and grandkids as it was for their parents and grandparents. We can settle for nothing less than debt-free college and vocational preparation.

Access to high-speed Internet and mobile phone service are 21st Century necessities that must be brought to every household. Everyone in Wisconsin should have them. Wisconsin ranks 49th in Internet speed. We should take all necessary steps to be first.

No one anywhere in Wisconsin should turn on a water faucet and be afraid to drink what comes out. Wisconsin should lead the nation in protecting water quality. No one in Wisconsin should be unable to go to the doctor when sick. Instead of turning down available federal funds for medical care, they should be used to leverage expansion of BadgerCare and ultimately make it a health coverage option for everyone in the state.

No more Wisconsin communities should be forced to go backward and turn paved roads into gravel. Wisconsin now has the fourth worst roads in the nation, with nearly three-quarters of them in mediocre or poor condition. It should be our goal to have the best ones in the country.

It all starts with wanting to be a state of firsts again.

— Mike McCabe

The Sylla’s struggle with bad water, caused it seems by a high capacity well operated by a sand mine near their farm. Brown water is coming from their well and a horse died from exposure to toxins likely in the water. A bill in Madison, which would grant the well owner a permit in perpetuity, makes situations worse.

ALMA, WI - What if you woke up one morning turned on the faucet to wash your face and saw brown water coming out of your tap?

Stacy Sylla of rural Lincoln Township in Trempealeau County texted me just such a photo of water the color of sludge. She has gone through three washing machines, dug fistfuls of sand out of the tank of her toilet, and bought an expensive water-filtering device. Her horse, Apples, died of exposure to toxins and pollutants found in her water.

The likely cause of the well problems? A new sand mine just over a half a mile away from Stacy and Mike Sylla’s farm.

Local residents opposed the sand mine. In order to get the mine approved, the cities of Independence and Whitehall annexed land miles from the original city borders. This end-around of the township government left residents with little say about what happens in their neighborhood.

Stacy testified against the mine. She heard from a city council member that, “It’s not affecting my house.” She later told me, “I feel like the state has failed to protect the people.”

Town officials tried to stop the annexation and tried to work with the mine to no avail. The town received many reports of water problems evidently caused by the mine pumping more than the local aquifer could handle.

The story Stacy shared with me became a part of the debate on a high capacity well bill that fortunately failed to pass the Legislature last spring.

The Syllas and their neighbors did receive a bit of a reprieve with cleaner well water when low gas prices resulted in less hydraulic fracturing, and consequently less need for sand. The mine ceased activity and the water in the neighborhood started to clear up.

But this spring both the brown water and the high capacity well bill are back. Last month sand mining started up again. Stacy and Mike are hauling water for their livestock, buying water for cooking and drinking. Now they wonder if bathing in brown water is a health risk.

The sand mine doesn’t appear to take any responsibility for the problem. However, Mike Sylla recently told the Trempealeau County Times, “One day they started blasting and it wasn’t long before our water went bad.”

The Wisconsin Department of Natural Resources (DNR) also does not appear to be taking any responsibility. My office was told the state “didn’t have regulatory authority” and the Sylla’s should “test their water.”

With a lack of state action, the Trempealeau County Board started a program of well testing. Toxins released in the water are expensive to detect. The county will pick up most of the cost of the water testing. Information and test kits are available through the Trempealeau County Extension office.

Meanwhile a bill to make matters worse for neighbors with bad wells is moving through the Legislature. Senate Bill 76 would give a high capacity well owner access to water in perpetuity. Currently, the DNR reviews permits and any issues related to the permit when a well owner replaces, upgrades, transfers or replaces a high capacity well.

There is no other system for a regular “check-up” to make sure local wells and waterways are not harmed by the removal of water through the high capacity well. During the Senate debate, my colleagues and I tried to add commonsense “check-ups” for high capacity wells such as a review every ten years or when there is a change in usage (from agriculture to sand mining), and when considering approval of a large number of new wells in the vicinity. All of these amendments were defeated.

Senate Bill 76 recently passed the Senate on a partisan vote. The Assembly may take up the bill as soon as the beginning of May.

Our state Constitution Public Trust Doctrine sets out that Wisconsin’s waters belong to all Wisconsin residents. Senate Bill 76 takes the state in another direction – the one with the biggest straw gets the most water.

State action to pass this bill will make matters worse for the Sylla’s and their neighbors. I urge my colleagues in the Assembly to stop this bill. We need commonsense solutions that allow access to clean water for all Wisconsin residents.

Over 90% of Americans believe there are too many tax loopholes for wealthy people and corporations. People have a right to know what potential conflicts exist for their President.

MADISON - State Senator Dave Hansen (D-Green Bay) and State Representative David Crowley (D-Milwaukee) called for a public hearing here today on legislation that would require candidates for president and vice president to provide their tax returns in order to get on the ballot in Wisconsin.

According to a recent poll reported on by The Hill, sixty-four percent of Americans believe the President should release his taxes. The poll also showed that “ninety-two percent of those surveyed say there are currently too many tax loopholes for wealthy people, and 90 percent say there are too many loopholes for corporations.”

“The continuing controversy over the President’s refusal to release his tax returns reinforces the need to pass this legislation,” said Crowley. “The public has a right to know if decisions made by a president are being made out of concern for what’s best for the nation or what’s best for their personal bottom line.”

“People are very concerned about taxes and who is paying them and who isn’t. They clearly see our tax code benefits the wealthy and corporations at their expense,” said Hansen. “Before we can have an honest debate about taxes, people need to know that those politicians proposing changes don’t have conflicts of interest that might further skew our tax code in favor those who are already unfairly benefitting from it.”

Senate Bill 166, was referred to the Committee on Elections and Utilities. Hansen said a hearing is necessary to give the public an opportunity to weigh in on the issue and how best to prevent similar controversies from happening in the future:

“Time will tell how this current controversy is resolved. For our part, we can take steps to make sure this doesn’t happen in the future by requiring all candidates running for president and vice president to make their tax returns public in order to be on the ballot in Wisconsin.”

Under the SB-166, candidates for president and vice president would be required to file their tax returns for the three most recent years with the Wisconsin Elections Commission which would be required to post the returns online within 48 hours of receiving them.

“These candidates are asking to assume the most powerful office in the land,” Crowley said. “The people have a right to know what potential conflicts may exist with a candidate before they cast their vote.”

***

Legislative writer Jay Wadd contributed to this story.

Sen. Mark Miller talks about SB76, which gives high capacity well owners priority over all other users of Wisconsin waters including shoreline property owners, anglers, boaters, tourist businesses, small farmers, and rural households.

MONONA, WI - The waters of Wisconsin belong to the people of Wisconsin. This provision is enshrined in our state constitution as a Public Trust. Wisconsin’s Republican-controlled State Senate recently passed a bill, Senate Bill 76, privatizing Wisconsin waters for the benefit of high-capacity well owners.

SB76 gives high capacity well owners permanent rights to withdraw water regardless of the impact on other water users. In spite of court decisions that require the DNR to manage the waters of Wisconsin for the mutual benefit of all users in accordance with the state constitution, DNR Secretary Stepp chooses not to do so. Instead she relies on a non-binding opinion by Republican Attorney General Schimel rather than following the constitution, the courts, and the broad statutory authority granted her department by the state legislature.

I am baffled and hugely disappointed that current Republicans who control state government would so openly fail their oath to uphold the Constitution of the State of Wisconsin. Their failure now completely seals the deal to give high capacity well owners priority over all other users including shoreline property owners, anglers, boaters, tourist businesses, small farmers, and rural households, all of whom are entitled to reasonable use of Wisconsin’s water…..OUR water. These other users now face the certain prospect of lower lake levels, reduced stream flows, and dry or contaminated wells with passage of SB76.

A high capacity well permit is issued to wells that can withdraw more than 100,000 gallons per day. It is the only environmental individual permit that is issued in perpetuity. These permits are FOREVER! With passage of SB76 there can never be any reconsideration of whether the withdrawal meets constitutional requirements to assure reasonable use for all.

Passage of SB 76 means that once again citizens will have to go to court to affirm and regain their constitutional right to their reasonable use of the waters of the state. They have had to do this before. Every time the courts have upheld that right. Republicans ignore it. Instead, they give preference to high capacity well owners, over all others, to use public water for private profit.

The people should not have to sue their government in order to protect their water rights. They should expect their elected representatives to honor their oath to uphold the state constitution. Some potato and vegetable growers in the Central Sands region where water use is most contentious recognize that their use is unsustainable and hurting their neighbors. They are a minority, but they could be the start of a responsible discussion on water management policies that assures sustainable use for all. Any such discussion has to acknowledge that high capacity well permits must be for a fixed duration like every other environmental permit. Ten years is a reasonable standard.

As of this writing, the State Assembly had not taken up SB76. If they adopt the bill and it is signed by the governor, high capacity wells will be permanent without any opportunity for review. Citizen outrage last session stopped a similar bill. Citizen outrage may still be able to stop SB76 in spite of the bill’s strong support by Wisconsin Manufacturers and Commerce and the Dairy Business Association. Hopefully the people will prevail again.