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updated July 24, 2019

In 2018, the Wisconsin Department of Natural Resources approved a request by the City of Racine to divert millions of gallons of water a day from Lake Michigan to serve the proposed Foxconn industrial complex. Midwest Environmental Advocates challenged the approval on behalf of League of Women Voters of Wisconsin, River Alliance of Wisconsin, Minnesota Center for Environmental Advocacy, Milwaukee Riverkeeper, League of Women Voters – Lake Michigan Region, and Natural Resources Defense Council.

An administrative law judge affirmed DNR’s diversion approval in a June 7, 2019 ruling that is troubling to those who care about the future of the Great Lakes and the integrity of the Great Lakes Compact. Although this ruling will not be appealed, MEA and our clients remain steadfast in our view that DNR’s approval of the diversion was premised on a misinterpretation of the Compact and the Wisconsin law that implements it.

From the beginning, this case was about ensuring that diversions of Great Lakes water meet the letter and spirit of the Compact. The unfortunate outcome of this case underscores both the importance of monitoring the implementation of existing diversions and the need to prepare for future diversion requests. The success of these efforts will require continued commitment of resources, collaboration among non-governmental organizations, and engagement of local and state governments throughout the Great Lakes Basin.

Thank you to all who support our work to uphold the Great Lakes Compact and to protect the world's largest freshwater ecosystem for future generations.

Case Summary

On April 25, 2018 DNR approved the City of Racine’s proposal to transfer 7 million gallons per day (mgd) of water from Lake Michigan to an area outside the Great Lakes Basin. The greatest majority of the 7 mgd of water will be used to supply Lake Michigan water to one single private industrial customer, Foxconn, in the amount of 5.8 mgd, with the remaining 1.2 mgd used to supply water to industrial and commercial facilities surrounding the Foxconn facilities.

The City of Racine’s diversion is just the third diversion that’s been approved since the 2008 enactment of the Great Lakes–St. Lawrence River Basin Water Resources Compact (“Great Lakes Compact” or “Compact”). The Great Lakes Compact is a historic agreement entered into by the eight Great Lakes states and enacted into federal law. A centerpiece of the Compact is its Ban on Diversions, reflecting the region’s determination to prohibit the transfer of Great Lakes water outside the basin unless a diversion request can meet narrowly defined exceptions outlined in the provisions and definitions of the Compact.

Wisconsin DNR’s approval of the City of Racine’s diversion disregards and unreasonably interprets a core Compact requirement that all water transferred out of the Great Lakes Basin must be used for public water supply purposes, clearly defined as “serving a group of largely residential customers.” Of significance, Racine’s diversion application identified no amount of transferred water (0 gallons) that would be used to supply residential customers in the out-of-basin area subject to the diversion request.

More information is available on the DNR’s Racine Diversion page, and in the Resources section at the bottom of this page