Amendment SSA1-SB44

LRBs0046/1

RCT:hmh:pg

2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 44

March 8, 2001 - Offered by Committee onEnvironmental Resources.

SB44-SSA1,1,3 An Act to renumber and amend 281.17 (1); and to create 281.17 (1) (c) of the statutes; relating to: the authority of the department of natural resources to regulate high capacity wells.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB44-SSA1, s. 1 Section 1. 281.17 (1) of the statutes is renumbered 281.17 (1) (a) and amended to read:

SB44-SSA1,2,2 281.17 (1) (a) No wells shall A well may not be constructed, installed, or operated to withdraw water from underground sources for any purpose groundwater where the capacity and rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day without first obtaining the approval of the department. If s. 281.35 applies to the proposed construction well, the application shall comply with s. 281.35 (5) (a). If the department finds that the proposed withdrawal will adversely affect or reduce the availability of water to any public utility in furnishing water to or for the public or does not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable, it shall either

SB44-SSA1,2,5 (b) The department shall withhold its approval or grant a limited approval under which it imposes such conditions as to location, depth, pumping capacity, rate of flow, and ultimate use so that will ensure all of the following:

SB44-SSA1,2,8 1. That the water supply of any public utility engaged in furnishing water to or for the public will not be impaired and the withdrawal will conform to the requirements of.

SB44-SSA1,2,9 2. That the well meets the grounds for approval under s. 281.35, if applicable.

SB44-SSA1,2,15 (d) The department shall require each person issued an approval under this subsection to report that person's volume and rate of withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The department may issue general or special orders it considers necessary to ensure prompt and effective administration of this subsection.

SB44-SSA1, s. 2 Section 2. 281.17 (1) (c) of the statutes is created to read:

SB44-SSA1,2,21 281.17 (1) (c) 1. Except as provided in subd. 3., the department shall impose as a condition in each approval under this subsection that the person issued the approval may not use, or permit another person to use, any water withdrawn from the well to produce bottled drinking water, as defined in s. 97.34 (1) (a), unless the department approves use of the well for that purpose.

SB44-SSA1,3,2 2. The department shall withhold its approval, grant a limited approval, or modify an approval in order to minimize adverse effects to the quality or quantity of waters of the state caused by any well used to produce bottled drinking water, as defined in s. 97.34 (1) (a). The department shall prepare an environmental impact statement under s. 1.11 (2) for a decision by the department under this paragraph to approve the use of a well to produce bottled drinking water.

SB44-SSA1,3,4 3. This paragraph does not apply to a withdrawal of water by a public utility engaged in furnishing water to or for the public.

SB44-SSA1, s. 3 Section 3. Nonstatutory provisions.

SB44-SSA1,3,12 (1) The treatment of section 281.17 (1) (c) of the statutes by this act applies to an approval issued by the department of natural resources under section 281.17 of the statutes on or after September 1, 2000. The department of natural resources shall modify an approval issued by the department of natural resources under section 281.17 of the statutes on or after September 1, 2000, in order to incorporate into the approval the condition required under section 281.17 (1) (c) 1. of the statutes, as created by this act.

SB44-SSA1,3,13 (End)