Judge Dismisses Town of Waukesha Lawsuit Against WI DNR

Editor's note: this article has been updated to reflect comments from the Town of Waukesha chairwoman.

The city of Waukesha can move forward with its test wells on a town of Waukesha property, according to a revised letter sent to the Waukesha Water Utility General Manager Dan Duchniak outlining the steps to build the test wells.

The letter outlines the steps the city has to take to install the wells, steps the city would be taking anyway, Duchniak said.

“Realistically, the process doesn’t change for us at all,” he said.

A lawsuit filed in October by the town against the Wisconsin Department of Natural Resources requested a Waukesha County judge review the request and either put limitations on the DNR or hold a hearing about potential impacts to the town resident’s wells and the Vernon Marsh Wildlife area. That lawsuit was dismissed Wednesday in Waukesha County Circuit Court.

The city is looking to install five high-capacity wells on the property in the town. The wells would either be used as a back up water supply if the city obtains Great Lakes water or the wells could be used on a permanent basis if the city does not receive Lake Michigan water.

The letter sent to Waukesha by the DNR states that the city has to receive final approvals on the test plan before the wells are installed. The water utility planned to have the test wells approved before the wells are installed.

“It really just clarifies the steps that we need to be going through,” Duchniak said. “None of the steps change from what we originally had planned.”

Town Chairwoman Angie E. Van Scyoc said in an e-mail the clarification is what the town was seeking.

"We are very pleased with this negotiated result," she said.

The city has not yet purchased the property in the town of Waukesha. The purchase is still being negotiated and is contingent on the water utility’s ability to install the wells, Duchniak said.

A lawsuit filed by the town against the city relating to the issue is pending. The complaint alleges the town feels that unless actions are taken “the residences and businesses located in the town will be forever and irreparably harmed.”

The city is under a June 2018 deadline to reduce radium levels in its water supply. The water utility has been working with the DNR on its application to pipe Great Lakes water from Milwaukee, Oak Creek or Racine. The water also would be returned to Lake Michigan, which has been identified as the most sustainable and least costly option available to the city.