2001 - 2002 LEGISLATURE
February 7, 2001 - Introduced by Senators Shibilski, Welch, Baumgart, Schultz,
Burke, Decker, Cowles, Erpenbach, Plache, Robson, Risser, Hansen, Lazich
and Roessler, cosponsored by Representatives Wade, Black, Hahn, Musser,
La Fave, Huber, Boyle, Townsend, Miller, Hebl, Meyerhofer, Kreuser,
Pocan, M. Lehman, Travis, Ryba, Carpenter, Berceau, Plouff, Bock and Ott.
Referred to Committee on Environmental Resources.
1An Act to renumber and amend
281.17 (1); and to create
281.17 (1) (c) of the 2
statutes; relating to: the authority of the department of natural resources to
3regulate high capacity wells.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from constructing or operating on one property
one or more wells that withdraw a total of more than 100,000 gallons of water a day
(high-capacity wells) without the approval of the department of natural resources
(DNR). If DNR finds that the proposed withdrawal will adversely affect the water
supply of a public water utility, DNR must disapprove the withdrawal or condition
its approval so that the water supply of the public water utility will not be impaired.
This bill requires DNR to provide in each approval for a high-capacity well that
the water withdrawn from the well may not be used to produce bottled water unless
DNR approves use of the well for that purpose. The bill requires DNR to withhold,
condition, or modify its approval in order to minimize adverse effects to water quality
caused by a high-capacity well used to produce bottled drinking water. The bill also
requires DNR to prepare an environmental impact statement for each decision
concerning the use of a high-capacity well to produce bottled drinking water.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB44, s. 1
281.17 (1) of the statutes is renumbered 281.17 (1) (a) and amended 2
(a) No wells shall A well may not
be constructed, installed,
operated to withdraw water from underground sources for any purpose groundwater 5
where the capacity and rate of withdrawal
of all wells on one property is in excess 6
of 100,000 gallons a day without first obtaining the approval of the department. If 7
s. 281.35 applies to the proposed construction well
, the application shall comply with 8
s. 281.35 (5) (a). If the department finds that the proposed withdrawal will adversely
9affect or reduce the availability of water to any public utility in furnishing water to
10or for the public or does not meet the grounds for approval specified under s. 281.35
11(5) (d), if applicable, it shall either
12(b) The department shall
withhold its approval or grant a limited approval 13
under which it imposes such conditions as to location, depth, pumping capacity, rate 14
and ultimate use so
will ensure all of
151. That the
water supply of any public utility engaged in furnishing water to 16
or for the public will not be impaired and the withdrawal will conform to the
182. That the well meets the grounds for approval under
s. 281.35, if applicable.
The department shall require each person issued an approval under this 20
subsection to report that person's volume and rate of withdrawal, as defined under 21
s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under 22
s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The
23department may issue general or special orders it considers necessary to ensure
24prompt and effective administration of this subsection.
SB44, s. 2
281.17 (1) (c) of the statutes is created to read:
(c) 1. The department shall impose as a condition in each approval 2
under this subsection that the person issued the approval may not use, or permit 3
another person to use, any water withdrawn from the well to produce bottled 4
drinking water, as defined in s. 97.34 (1) (a), unless the department approves use of 5
the well for that purpose.
2. The department shall withhold its approval, grant a limited approval, or 7
modify an approval in order to minimize adverse effects to the quality of waters of 8
the state caused by any well used to produce bottled drinking water, as defined in s. 9
97.34 (1) (a). The department shall prepare an environmental impact statement 10
under s. 1.11 (2) for a decision by the department on an approval under this 11
(1) The treatment of section 281.17 (1) (c) of the statutes by this act applies to 14
an approval issued by the department of natural resources under section 281.17 of 15
the statutes on or after September 1, 2000. The department of natural resources 16
shall modify an approval issued by the department of natural resources under 17
section 281.17 of the statutes on or after September 1, 2000, in order to incorporate 18
into the approval the condition required under section 281.17 (1) (c) 1. of the statutes, 19
as created by this act.