LRB-2496/1
MCP:amn
2017 - 2018 LEGISLATURE
March 29, 2017 - Introduced by Senators Vinehout, Carpenter, C. Larson, Miller,
Risser and Wirch, cosponsored by Representatives Wachs, Anderson,
Berceau, Billings, Bowen, Brostoff, Considine, Crowley, Genrich, Goyke,
Hebl, Hesselbein, Kessler, Kolste, Mason, Ohnstad, Pope, Riemer,
Sargent, Shankland, Sinicki, Spreitzer, Subeck, C. Taylor, Vruwink and
Zamarripa. Referred to Committee on Sporting Heritage, Mining and
Forestry.
SB152,1,4 1An Act to amend 293.13 (2) (d) 4. and 295.58 (2) (b) 2.; and to create 295.33 (4m)
2of the statutes; relating to: prohibiting certain mining and drilling activities
3that cause the destruction or filling in of a lake bed, reservoir, or flowage or that
4cause the withdrawal of water from a reservoir or flowage.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a person engaged in nonferrous metallic
mining or engaged in ferrous metallic mining (iron mining) from destroying or filling
in a lake bed. This general prohibition does not apply to a person engaged in certain
iron mining activities if the Department of Natural Resources has issued a permit
authorizing the person to engage in those activities and the permit is issued in
accordance with various laws that regulate wetlands, surface water, or groundwater.
This bill eliminates the exceptions to the general prohibition against destroying or
filling in a lake bed so that the prohibition applies to a person engaged in iron mining
activities regardless of whether DNR has issued other permits for those activities.
This bill also prohibits DNR from authorizing a person who is engaged in
nonferrous metallic mining or iron mining from destroying or filling in a reservoir
or flowage or from withdrawing water from a reservoir or flowage. Additionally, the

bill prohibits DNR from authorizing a person conducting drilling operations for the
exploration or production of oil or gas to withdraw water from a reservoir or flowage.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB152,1 1Section 1. 293.13 (2) (d) 4. of the statutes is amended to read:
SB152,2,72 293.13 (2) (d) 4. Irreparable environmental damage to lake or stream bodies
3or to reservoirs or flowages despite adherence to the requirements of this chapter.
4This subdivision does not apply to an activity which the department has authorized
5pursuant to statute, except that the destruction or filling in of a lake bed, reservoir,
6or flowage or the withdrawal of water from a reservoir or flowage
shall not be
7authorized notwithstanding any other provision of law.
SB152,2 8Section 2. 295.33 (4m) of the statutes is created to read:
SB152,2,119 295.33 (4m) No person may conduct drilling operations for the exploration for
10or production of oil or gas if the drilling requires the withdrawal of water from a
11reservoir or flowage.
SB152,3 12Section 3. 295.58 (2) (b) 2. of the statutes is amended to read:
SB152,2,1813 295.58 (2) (b) 2. Irreparable substantial environmental damage to lake or
14stream bodies despite adherence to the requirements of this subchapter. This
15subdivision does not apply to an activity that the department has authorized under
16statute, except that the destruction or filling in of a lake bed , reservoir, or flowage
17or the withdrawal of water from a reservoir or flowage
may not be authorized unless
18it is authorized under
notwithstanding s. 295.60, 295.605, or 295.61.
SB152,2,1919 (End)
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