March21,2018 
?3 
Mr. Adam Freihoefer 
Water Use Section Chief DRWKING WATE
Wisconsin Department of Natural Resources 8? GW
101 Webster Street

Madison, Wisconsin 53703
Dear Mr. Freihoefer:

This letter outlines objections to the City of Racine Application For Water Diversion dated
January 26, 2018 (Racine Application) and urges the Wisconsin Department of Natural
Resources to deny the Racine Application.

The foundation of this objection is based on the meaning and intent of Public Water Supply
Purposes. The Racine Application is not consistent with this important stipulation of the Great
Lakes-St. Lawrence River Basin Water Resources Compact dated December 13, 2005 (Great
Lakes Compact). Below is the relevant Great Lakes Compact language:

ARTICLE 1
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

Public Water Supply Purposes means water distributed to the public through a
physically connected system of treatment, storage and distribution facilities serving a
group of largely residential customers that may also serve industrial, commercial, and
other intuitional operators. Water Withdrawn directly from the Basin and not through
such a system shall not be considered to be used for the Public Water Supply Purposes.

From Great Lakes Compact, Page 3 of 27

Section 4.9. Exceptions to the Prohibition of Diversions.

1. Straddling Communities. A Proposal to transfer Water to an Area within a Straddling
Community but outside the Basin or outside the source of Great Lake Watershed shall
be excepted from the prohibition against Diversions and be managed and regulated by
the Originating Party provided that, regardless of the volume of Water transferred, all
the Water so transferred shall be used soley for Public Water Supply Purposes within
the Straddling Community, and: (Italics added here for emphasis)

From Great Lakes Compact, Page 15 of 27

The Racine Application is clearly NOT intended for the public but rather for primarily a single
industrial user (Foxconn). This is shown in Table D?l of the Racine Application 17) which
lists 2050 Forecast Diversion Volume by Land Use with Average Day Volume (m gd) for
Industrial-Foxconn at 5.8 and Commercial and Industrial at 1.2 for a total of 7.0 mgd.
There is no forecast for residential customers included with Racine?s forecasted water?supply
needs. The Racine Application is soley for one industrial and some future commercial purpose.

The Racine Application does address the Public Water Supply Pulposes on page 14; however,
their argument minimizes the intent of the diversion (to serve primarily one industrial user) and
distorts the notion that the diverted water is to be ?distributed to the public?. The Racine Water
Utility (RW U) currently serves only a ?portion of the Village of Mount Pleasant? and does not
currently serve the public in the area of the proposed Foxconn development. Map C-1 of the
Racine Application 15) shows the Racine Water Distribution with Proposed Improvements
and illustrates that the requested diversion is intended to expand the service area of RWU.

Figure C-l from the Racine Application 16) presents data from 2016 annual report to
the PSC to justify that Racine?s retail base is largely residential. This justi?cation is misleading
given that none of those retail customers reside in the proposed expanded service area of RWU.

The Racine Application requests diversion water for an expanded service area of RWU, which is
the same topic that generated much public comment and debate during the review of the City of
Waukesha?s Great Lakes Water Diversion Application (Waukesha Application). The conditions
for approval of the Waukesha Application provide a precedence for consideration of using
diverted Great Lakes water for an expanded service area.

The Waukesha Application was approved by the Great Lakes?St. Lawrence River Basin Water
Resources Compact Council (Compact Council) on June 21, 2016. The Compact Council
approved the City of Waukesha?s Diversion Application in June 2016 with conditions that
included:

0 a reduced diversion volume of 8.2 million gallons per day

0 a smaller diversion area of only the area currently served by the Waukesha Water Utility
From: 

These two conditions were agreed upon by the Compact Council in response to much public
comment and careful consideration by the Compact Council. Wisconsin?s approval of these
conditions (as a voting member of the Compact Council) signals agreement that diverted Great
Lakes water can NOT be used for an expanded service area.

Approving the Racine Application to divert Great Lakes water for a single industrial user would
set a terrible precedent for future water diversion considerations under the Great Lakes Compact.
Approving the Racine Application to divert Great Lakes water to an extended service area would
contradict the precedent established in the Final Decision of the Waukesha Application approval.
For these reasons the Racine Application should be denied.

on; 2%ch (?Pi


Dr. John D. Skalbeck
1212 86th Street, Pleasant Prairie, Wisconsin 53158

For the purpose identi?cation and credentials only

Dr. John D. Skalbeck

Professor, Geosciences Department

Academic Director, Master of Science in Sustainable Management
University of Wisconsin-Parkside, 900 Wood Road, Kenosha, WI 53141