SB1-SSA2,133,2
11. The navigable water activity will not significantly impair public rights and
2interests in a navigable water.
SB1-SSA2,133,43 2. The navigable water activity will not significantly reduce the effective flood
4flow capacity of a stream.
SB1-SSA2,133,65 3. The navigable water activity will not significantly affect the rights of
6riparian owners or the applicant obtains the consent of the riparian owners.
SB1-SSA2,133,77 4. The navigable water activity will not significantly degrade water quality.
SB1-SSA2,133,118 (b) Measures. The person applying for the approval shall submit a plan to the
9department containing proposed measures to meet the requirements under par. (a)
10and a proposed schedule for implementing the measures. The plan shall include one
11or more of the following measures:
SB1-SSA2,133,1512 1. Measures to offset significant impacts to navigable waters by providing
13public access to, restoring, or enlarging up to 1.5 acres, but not less than one acre,
14of navigable waters in exchange for each acre of navigable waters that is significantly
15impacted.
SB1-SSA2,133,1616 2. Measures to improve public rights or interests in navigable waters.
SB1-SSA2,133,1717 3. Measures to offset significant impacts to water quality or quantity.
SB1-SSA2,133,1818 4. Measures to enhance flood storage.
SB1-SSA2,133,1919 5. A mitigation program as provided under s. 295.60 (8).
SB1-SSA2,133,2020 6. Conservation measures as provided in s. 295.61.
SB1-SSA2,133,2421 (bg) Measures excluded from consideration. In determining if a navigable
22water activity meets the requirements under par. (a) with regard to a navigable
23water, the department may not consider any proposed measure under par. (b) if the
24navigable water is any of the following:
SB1-SSA2,134,4
11. A perennial stream, if the drainage area of the portion of the stream
2upstream from the farthest downstream point of the navigable water activity is more
3than 2 square miles. In this subdivision, "perennial stream" means a stream that
4has a continuous flow every day of every year in which there is average precipitation.
SB1-SSA2,134,75 2. A navigable water, other than a stream, that is more than 2 acres in area
6every day of every year in which there is average precipitation and that is not a
7freeze-out pond, as defined in s. 29.001 (29).
SB1-SSA2,134,88 3. A class I, class II, or class III trout stream.
SB1-SSA2,134,159 (bn) Plan review; finding. In reviewing the plan, the department may require
10that measures that are in addition to, or in conjunction with, one or more of the
11measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan
12and application, if the department finds that the requirements under par. (a) will be
13met by implementing some or all of the measures contained in the plan, the
14department shall determine which measures shall be required, shall approve a
15schedule for implementation, and shall grant the approval.
SB1-SSA2,134,2116 (c) Applicability of requirements. The requirements that are specified in par.
17(a) 1. to 4. are in lieu of any requirements required for approvals under ss. 30.12 (3m)
18(c), 30.123 (8) (c), 30.19 (4) (c), 30.195 (2) (c), and 30.20, including those that relate
19to the state's or public's interests, and shall be used, in conjunction with the measures
20required under par. (b), in any evaluation by the department pursuant to 33 USC
211341
.
SB1-SSA2,134,25 22(5) Approval conditions. The department may impose conditions in an
23approval for a navigable water activity that it determines to be necessary to ensure
24that the navigable water activities subject to the approval meet the requirements
25under sub. (4) (a).
SB1-SSA2,135,3
1(6) Relationship to other laws. (a) Chapter 30 and any rules promulgated
2under that chapter apply to any navigable water activity subject to this section to the
3extent that they do not conflict with this section, except as provided in par. (b).
SB1-SSA2,135,54 (b) Sections 30.209 and 30.2095 and any rules promulgated under those
5sections, do not apply to any navigable water activity that is subject to this section.
SB1-SSA2,135,6 6295.607 Shoreland and floodplain zoning. (1) (a) In this section:
SB1-SSA2,135,87 1. "Development or construction activity" means a waste site, structure,
8building, fill, or other development or construction activity.
SB1-SSA2,135,109 2. "Shoreland zoning ordinance" means a shoreland zoning ordinance or
10regulation adopted under s. 59.692, 61.351, 62.231, or 281.31.
SB1-SSA2,135,14 11(2) (a) The department may not prohibit a development or construction activity
12to be located in an area that would otherwise be prohibited under a shoreland zoning
13ordinance if the development or construction activity is authorized by the
14department as part of a mining operation covered by a mining permit under s. 295.58.
SB1-SSA2,135,2015 (b) A development or construction activity located in an area that would
16otherwise be prohibited under a shoreland zoning ordinance does not violate the
17applicable ordinance if the development or construction activity is authorized by the
18department as part of a mining operation covered by a mining permit under s. 295.58.
19No shoreland zoning variance is required for a development or construction activity
20located as provided under this paragraph.
SB1-SSA2,135,25 21(3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit
22development or construction activity authorized by the department as part of a
23mining operation covered by a mining permit under s. 295.58, except to the extent
24necessary for the municipality to which the floodplain zoning ordinance applies to
25maintain eligibility for participation in the National Flood Insurance Program.
SB1-SSA2,136,2
1295.61 Withdrawals of surface waters and groundwater. (1)
2Definitions. In this section:
SB1-SSA2,136,43 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1)
4(b).
SB1-SSA2,136,65 (b) "Environmentally sound and economically feasible water conservation
6measures" has the meaning given in s. 281.346 (1) (i).
SB1-SSA2,136,77 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).
SB1-SSA2,136,88 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).
SB1-SSA2,136,99 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).
SB1-SSA2,136,1110 (em) "Riparian restoration project" means a project that will restore or enhance
11the natural beneficial uses and value of a watercourse.
SB1-SSA2,136,1212 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).
SB1-SSA2,136,1313 (g) Unless the context otherwise requires, "use" includes dewatering.
SB1-SSA2,136,1414 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).
SB1-SSA2,136,1515 (i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).
SB1-SSA2,136,24 16(2) Permit required. No person may engage in any withdrawal or use of surface
17water as part of a mining operation or bulk sampling, including a withdrawal or use
18associated with a system or plant under s. 281.41, unless the person has been issued
19a water withdrawal permit under this section. No person may engage in any
20withdrawal or use of groundwater, including a withdrawal or use associated with a
21system or plant under s. 281.41, as part of a mining operation or bulk sampling if the
22capacity and rate of withdrawal of all wells involved in the withdrawal of
23groundwater or in the dewatering of mines exceeds 100,000 gallons each day unless
24the person has been issued a water withdrawal permit under this section.
SB1-SSA2,137,4
1(3) Permit application. (a) Application. A person applying for a water
2withdrawal permit is required to submit only one application. An application for a
3water withdrawal permit shall include any information requested by the department
4under s. 295.45 (3).
SB1-SSA2,137,75 (am) Applicant status. 1. A person is not required to be the owner of a piece
6of riparian property in order to obtain a permit to withdraw surface water from that
7piece of riparian property if any of the following applies:
SB1-SSA2,137,88 a. The person leases the piece of riparian property from the owner.
SB1-SSA2,137,99 b. The person holds an easement on the piece of riparian property.
SB1-SSA2,137,1210 2. A person is not required to be the owner of a piece of property in order to
11obtain a permit to withdraw groundwater from that piece of property if any of the
12following applies:
SB1-SSA2,137,1313 a. The person leases the piece of property from the owner.
SB1-SSA2,137,1414 b. The person holds an easement on the piece of property.
SB1-SSA2,137,1615 c. The person has obtained permission from the owner to withdraw
16groundwater from that piece of property.
SB1-SSA2,138,217 (b) Siting analysis. If withdrawal of water at a mining operation or for bulk
18sampling will involve one or more high capacity wells, the department shall require
19an applicant for a water withdrawal permit to submit a siting analysis for the
20purpose of determining the location of the high capacity wells. The analysis shall
21include alternate proposed locations for each high capacity well. In evaluating a
22submitted analysis, the department shall recognize there is a need for mining waste
23sites and processing facilities, including wastewater and sludge storage or treatment
24lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall
25allow any high capacity well to be located so that need will be met. The department

1shall approve the location of each high capacity well as part of the permit issued
2under sub. (4).
SB1-SSA2,138,83 (c) Entry to land. After an application for a water withdrawal permit has been
4submitted under this section, the applicant may enter any land from which the
5applicant proposes to withdraw water or use water for the purpose of making any
6surveys required for the mining operation or bulk sampling, but no work may be
7commenced necessary for the mining operation or the bulk sampling until the
8department issues the permit under this section.
SB1-SSA2,138,11 9(4) Permit issuance. (a) General requirements. The department shall issue
10a water withdrawal permit if it determines that the withdrawal or use of the surface
11water or groundwater meets all of the following requirements:
SB1-SSA2,138,1412 1. The proposed withdrawal and uses of the water are substantially consistent
13with the protection of public health, safety, and welfare and will not be significantly
14detrimental to the public interest.
SB1-SSA2,138,1715 2. The proposed withdrawal and uses of the water will not have a significant
16adverse impact on the environment and ecosystem of the Great Lakes basin or the
17Upper Mississippi River basin.
SB1-SSA2,138,1918 3. The proposed withdrawal and use of the water will not be significantly
19detrimental to the quantity and quality of the waters of the state.
SB1-SSA2,138,2220 4. The proposed withdrawal and use of the water will not significantly impair
21the rights of riparian owners or the applicant obtains the consent of the riparian
22owners.
SB1-SSA2,138,2423 5. The proposed withdrawal and use of the water will not result in significant
24injury to public rights in navigable waters.
SB1-SSA2,139,2
16. If the withdrawal or the use of the water will result in an interbasin
2diversion, the requirements of s. 281.35 (5) (d) 7. are met.
SB1-SSA2,139,43 7. The proposed withdrawal or use of the water will comply with any
4requirements imposed by the department under par. (cm).
SB1-SSA2,139,85 (b) Conservation measures. The person applying for the permit shall submit
6a plan to the department containing proposed conservation measures to meet the
7requirements under par. (a) and a proposed schedule for implementing the
8measures. The plan shall include one or more of the following measures:
SB1-SSA2,139,109 1. Environmentally sound and economically feasible water conservation
10measures.
SB1-SSA2,139,1311 2. Restoration of hydrologic conditions and functions of the source watershed,
12or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration
13of the hydrologic conditions and functions of that stream.
SB1-SSA2,139,1414 3. Protection of important upland groundwater recharge areas.
SB1-SSA2,139,1515 4. Stabilization of shorelands.
SB1-SSA2,139,1716 5. Restoration or enhancement of the natural beneficial uses and values of a
17stream or river.
SB1-SSA2,139,1918 6. Implementation of any feasible methods to offset impacts to water quality
19or quantity.
SB1-SSA2,139,2120 7. Supplementation of additional water to water bodies to offset lower water
21levels.
SB1-SSA2,139,2322 8. Taking steps to improve public rights or interests in navigable waters, if
23navigable waters are subject to the permit.
SB1-SSA2,139,2424 9. A mitigation program as provided in s. 295.60 (8).
SB1-SSA2,140,3
110. Measures to offset significant impacts to navigable waters by providing
2public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
3exchange for each acre of natural navigable waters that is significantly impacted.
SB1-SSA2,140,44 11. A riparian restoration project.
SB1-SSA2,140,55 12. Measures as provided in s. 295.605.
SB1-SSA2,140,136 (bn) Plan review; finding. In reviewing the plan, the department may require
7that conservation measures that are in addition to, or in conjunction with, one or
8more of the conservation measures specified in par. (b) 1. to 12. be included in the
9plan. After reviewing the plan and application, if the department finds that the
10requirements under par. (a) will be met by implementing some or all of the
11conservation measures contained in the plan, the department shall determine which
12measures shall be required, shall approve a schedule for implementation, and shall
13issue the permit.
SB1-SSA2,140,1914 (cm) Impacts to water supplies. If the department determines that a proposed
15withdrawal or use of water will result in a significant impact to a public or private
16water supply, the department shall require the applicant to offset that impact in a
17manner approved by the department, which may include a requirement that the
18applicant provide a replacement water supply of similar quality or provide an
19increased amount of water to the water supply.
SB1-SSA2,140,2120 (e) Use of waters on nonriparian property. Water withdrawn in accordance with
21a water withdrawal permit may be used on nonriparian property.
SB1-SSA2,141,222 (f) Limits on permit denials. If the department determines that one of the water
23withdrawal activities subject to an application for a water withdrawal permit does
24not meet the requirements for issuing the permit under par. (a) and will not be
25authorized under the permit, the failure to authorize the activity may not affect the

1department's determination as to whether to approve or deny the permit for other
2water withdrawal activities that are subject to the application.
SB1-SSA2,141,6 3(5) Permit conditions. (a) The department may impose reasonable conditions
4in a water withdrawal permit that, except as provided in par. (b), may not interfere
5with the mining operation or bulk sampling or limit the amount of water needed for
6the mining operation or bulk sampling and that relate to any of the following:
SB1-SSA2,141,77 1. The location of the withdrawal or use.
SB1-SSA2,141,88 2. The authorized base level of water loss from the withdrawal or use.
SB1-SSA2,141,109 3. The dates on which or seasons during which withdrawal or use of the water
10may occur.
SB1-SSA2,141,1111 4. The purposes for the withdrawal or use of the water.
SB1-SSA2,141,1312 5. The amount and quality of return flow required and the place of the
13discharge.
SB1-SSA2,141,1514 6. The requirements for reporting volumes and rates of withdrawal and any
15other data specified by the department.
SB1-SSA2,141,1816 7. Any other conditions that the department determines are necessary to
17protect the environment and the public health, safety, and welfare and to ensure the
18conservation and proper management of the waters of the state.
SB1-SSA2,141,2319 (b) If the department determines that a high capacity well that would be
20covered by a water withdrawal permit may impair a privately owned high capacity
21well, the department shall include in the water withdrawal permit conditions that
22will ensure that the privately owned high capacity well will not be impaired, unless
23the private high capacity well owner agrees to the impairment.
SB1-SSA2,141,25 24(6) Permit modifications. (a) 1. An operator to whom a permit has been issued
25under this section may request a modification of any condition in the permit.
SB1-SSA2,142,5
12. If the request for a modification under subd. 1. does not result in an increase
2in an existing withdrawal resulting in a water loss averaging more than 2,000,000
3gallons per day in any 30-day period above the operator's authorized base level of
4water loss, within 30 days of receiving the request the department shall approve the
5request and amend the permit to incorporate the modification.
SB1-SSA2,142,176 3. a. If the request for a modification under subd. 1. results in an increase in
7an existing withdrawal resulting in a water loss averaging more than 2,000,000
8gallons per day in any 30-day period above the operator's authorized base level of
9water loss, the department shall determine, using the environmental review process
10under s. 1.11, whether it is required to prepare an environmental assessment or
11environmental impact statement and, if so, shall prepare an environmental
12assessment or an environmental impact statement. If the department determines,
13using the environmental review process under s. 1.11, that the operator must
14prepare an environmental impact report, the department may only request
15information in the environmental impact report that relates to decisions that the
16department makes under this section related to the permit and the department shall
17limit its analysis to an evaluation of the request for the modification.
SB1-SSA2,143,718 b. The department shall publish a class 1 notice, under ch. 985, and shall
19publish notice on the department's Internet site, of the availability of information
20about a request to which this subdivision applies, its proposed decision on the
21request, the opportunity to comment within 30 days after the date of the publication
22of the notice, and the opportunity to request a public informational hearing. The
23department shall also provide the notice to the applicant, the persons specified in s.
2430.18 (4) (a), and if the modification involves a structure through which water
25transferred from the Great Lakes basin would be returned to the source watershed

1through a stream tributary to one of the Great Lakes, the governing body of each city,
2village, and town through which the stream flows or that is adjacent to the stream
3downstream from the point at which the water would enter the stream. The
4department's notice to interested persons under this subd. 3. b. may be given through
5an electronic notification system established by the department. The date on which
6the department first publishes notice on its Internet site shall be considered the date
7of the publication of the notice required to be published under this subd. 3. b.
SB1-SSA2,143,108 c. Within 180 days of receiving a request to which this subdivision applies, the
9department shall approve or deny as provided in sub. (4) the request and, if it
10approves the request, shall amend the permit to incorporate the modification.
SB1-SSA2,143,2211 (b) 1. The department may propose modifications to any of the conditions in the
12water withdrawal permit that it determines to be necessary to ensure compliance
13with the standards in sub. (4). If it proposes a modification, the department shall
14determine, using the environmental review process under s. 1.11, whether it is
15required to prepare an environmental assessment or environmental impact
16statement and, if so, shall prepare an environmental assessment or an
17environmental impact statement. If the department determines, using the
18environmental review process under s. 1.11, that the operator must prepare an
19environmental impact report, the department may only request information in the
20environmental impact report that relates to decisions that the department makes
21under this section related to the permit and the department shall limit its analysis
22to an evaluation of the proposed modification.
SB1-SSA2,144,1223 2. The department shall publish a class 1 notice, under ch. 985, and shall
24publish notice on the department's Internet site, of the availability of information
25about a proposed modification under this paragraph, the opportunity to comment

1within 30 days after the date of the publication of the notice, and the opportunity to
2request a public informational hearing. The department shall also provide the notice
3to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification
4involves a structure through which water transferred from the Great Lakes basin
5would be returned to the source watershed through a stream tributary to one of the
6Great Lakes, the governing body of each city, village, and town through which the
7stream flows or that is adjacent to the stream downstream from the point at which
8the water would enter the stream. The department's notice to interested persons
9under this subdivision may be given through an electronic notification system
10established by the department. The date on which the department first publishes
11notice on its Internet site shall be considered the date of the publication of the notice
12required to be published under this subdivision.
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