Amendment ASA1-AB477

AB477-ASA1,7,16 281.34 (2) Approval required for high capacity wells. An Except as provided under sub. (2g), an owner shall apply to the department for approval before construction of a high capacity well begins. No Except as provided under sub. (2g), no person may construct or withdraw water from a high capacity well without the approval of the department under this section or under s. 281.17 (1), 2001 stats. An owner applying for approval under this subsection shall specify in the application the location, depth, maximum pumping capacity, maximum rate of flow, and ultimate use of the proposed high capacity well and shall pay a fee of $500. The department shall issue an approval to construct a high capacity well to any person who applies for an approval, pays the required fee, and complies with the notice requirement under sub. (2d), if the high capacity well meets the requirements of this section. If the department denies an approval under this section, the department shall provide the applicant with a written explanation of the reason for the denial.

AB477-ASA1,7 Section 7. 281.34 (2d) of the statutes is created to read:

AB477-ASA1,8,2 281.34 (2d) Notice to other well owners. An owner who applies for approval of a new high capacity well under this section shall provide notice to each owner of a well that is not a high capacity well within a one-mile radius of the location of the proposed high capacity well, or the applicant shall request the clerk of each town, city, or village within a one-mile radius of the location of the proposed high capacity well to provide, and the clerk shall provide, the notice. The notice shall include the location of the proposed high capacity well and inform well owners of their rights under sub. (11). The notice shall be provided no later than the date on which the application for approval is filed.

AB477-ASA1,8 Section 8. 281.34 (2g) of the statutes is created to read:

AB477-ASA1,8,8 281.34 (2g) Repair, replacement, reconstruction, and transfer of ownership of an approved high capacity well. (a) Except as provided in par. (e), if an existing high capacity well has been approved under this section or under s. 281.17 (1), 2001 stats., the owner of that well may take any of the following actions without obtaining an additional approval under this section:

AB477-ASA1,8,9 1. Repair and maintain the existing high capacity well.

AB477-ASA1,8,15 2. Construct a new high capacity well to replace the existing high capacity well if the new high capacity well will be constructed in accordance with department standards that apply to the construction of new high capacity wells on the date that construction of the replacement high capacity well begins, if the existing high capacity well is filled and sealed as provided in rules promulgated by the department, and if any of the following applies:

AB477-ASA1,8,18 a. The purpose of replacement is to remedy or prevent contamination. The owner of the well shall submit documentation of the contamination to the department in the manner and form required by the department.

AB477-ASA1,8,25 b. The replacement high capacity well will be drilled to substantially the same depth as the existing high capacity well and will be located within a 75-foot radius of the existing high capacity well or, if located 75 feet or more from the existing high capacity well, will be located farther from the nearest navigable water than the existing high capacity well and will not be located within 1,200 feet of any other navigable water. In this subd. 2. b., "navigable water" does not include an intermittent stream unless it is a trout stream described in sub. (1) (a) 3.

AB477-ASA1,9,3 3. Reconstruct the existing high capacity well, if the reconstructed high capacity well is constructed to substantially the same depth and specifications as the existing high capacity well.

AB477-ASA1,9,5 4. Transfer the approval, concurrent with transferring the land on which the approved high capacity well is located, to the person to whom the land is transferred.

AB477-ASA1,9,6 (b) The department may not impose a fee for any action under this subsection.

AB477-ASA1,9,11 (c) No later than 90 days after taking any action under par. (a) 2., 3., or 4. the owner of the high capacity well shall notify the department of the action taken on a form prescribed by the department. For any action taken under par. (a) 2. the owner shall, on the same form, notify the department of the location of the replacement high capacity well and the method by which the existing well was filled and sealed.

AB477-ASA1,9,14 (d) Except as provided in sub. (7), the conditions of the existing high capacity well approval continue to apply after an owner takes any of the actions under par. (a).

AB477-ASA1,9,16 (e) An owner of a well may not take an action under par. (a) if the action would be inconsistent with the conditions of the existing high capacity well approval.

AB477-ASA1,9 Section 9. 281.34 (4) (a) (intro.) of the statutes is amended to read:

AB477-ASA1,9,20 281.34 (4) (a) (intro.) The department shall review an application for approval of any of the following that are located in a sensitive resource area using the environmental review process in its rules promulgated under s. 1.11:

AB477-ASA1,10 Section 10. 281.34 (4) (a) 1. of the statutes is renumbered 281.34 (4) (a) 1. (intro.) and amended to read:

AB477-ASA1,9,24 281.34 (4) (a) 1. (intro.) A high capacity well that is located in a groundwater protection area. within 1,200 feet of one of the following:

AB477-ASA1,11 Section 11. 281.34 (4) (a) 1. a. and b. of the statutes are created to read:

AB477-ASA1,10,1 281.34 (4) (a) 1. a. A trout stream described in sub. (1) (a) 3.

AB477-ASA1,10,3 b. A navigable water, not including an intermittent stream other than a trout stream described in sub. (1) (a) 3.

AB477-ASA1,12 Section 12. 281.34 (4) (am) of the statutes is created to read:

AB477-ASA1,10,8 281.34 (4) (am) The department may review an application for approval of a high capacity well described in par. (a) 1. to 3. using the environmental review process in its rules promulgated under s. 1.11 if the high capacity well is not located in a sensitive resource area.

AB477-ASA1,13 Section 13. 281.34 (4g) of the statutes is created to read:

AB477-ASA1,10,12 281.34 (4g) Approval deadlines. (a) Except as provided in par. (b), the department shall approve or deny an application for an approval for a high capacity well within the following period:

AB477-ASA1,10,17 1. If an environmental review is not conducted under sub. (4), within 65 business days from the date of filing the application for the approval for applications filed on or after the effective date of this subdivision .... [LRB inserts date], or within 65 business days from the effective date of this subdivision .... [LRB inserts date], for applications filed before that date.

AB477-ASA1,10,22 2. If an environmental review is conducted under sub. (4), within 130 business days from the date of filing the application for the approval for applications filed on or after the effective date of this subdivision .... [LRB inserts date], or within 130 business days from the effective date of this subdivision .... [LRB inserts date], for applications filed before that date.

AB477-ASA1,10,25 (am) The department shall refund to the applicant the application fee for a high capacity well approval if the department does not approve or deny the application within the period specified under par. (a).

AB477-ASA1,11,3 (b) This subsection does not apply to an approval application for a high capacity well located in a sensitive resource area, if a different deadline is specified for that sensitive resource area by statute.

AB477-ASA1,14 Section 14. 281.34 (5) (a) of the statutes is amended to read:

AB477-ASA1,11,11 281.34 (5) (a) Public water supply. If the department determines that a proposed high capacity well may impair the water supply of a public utility engaged in furnishing water to or for the public, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, limited to those described in par. (f), that will ensure that the water supply of the public utility will not be impaired.

AB477-ASA1,15 Section 15. 281.34 (5) (b) of the statutes is amended to read:

AB477-ASA1,11,22 281.34 (5) (b) Groundwater protection area Within 1,200 feet of a navigable water or trout stream. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well will be located in a groundwater protection area within 1,200 feet of a navigable water or a trout stream described in sub. (1) (a) 3., the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, limited to those described in par. (f), that ensure that the high capacity well does not cause significant environmental impact.

AB477-ASA1,12,6 2. Subdivision 1. does not apply to a proposed high capacity well that is located in a groundwater protection area within 1,200 feet of a navigable water or a trout stream described in sub. (1) (a) 3. and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, limited to those described in par. (f), that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB477-ASA1,16 Section 16. 281.34 (5) (b) 3. of the statutes is created to read:

AB477-ASA1,12,9 281.34 (5) (b) 3. In this paragraph, "navigable water" does not include an intermittent stream unless it is a trout stream described in sub. (1) (a) 3.

AB477-ASA1,17 Section 17. 281.34 (5) (c) of the statutes is amended to read:

AB477-ASA1,12,18 281.34 (5) (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well with will have a water loss of more than 95 percent of the amount of water withdrawn, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, limited to those described in par. (f), that ensure that the high capacity well does not cause significant environmental impact.

AB477-ASA1,18 Section 18. 281.34 (5) (d) of the statutes is amended to read:

AB477-ASA1,13,3 281.34 (5) (d) Impact on a spring. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well that may have a significant environmental impact on a spring, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, limited to those described in par. (f), that ensure that the high capacity well does not cause significant environmental impact.

AB477-ASA1,13,11 2. Subdivision 1. does not apply to a proposed high capacity well that may have a significant environmental impact on a spring and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, limited to those described in par. (f), that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB477-ASA1,19 Section 19. 281.34 (5) (f) of the statutes is created to read:

AB477-ASA1,13,15 281.34 (5) (f) Limitations on approval conditions for new high capacity wells. 1. Except as provided in subds. 4. and 5., the department may include conditions in an approval for a high capacity well only on the following:

AB477-ASA1,13,16 a. The location of the high capacity well.

AB477-ASA1,13,17 b. The depth of the high capacity well.

AB477-ASA1,13,18 c. The pumping capacity of the high capacity well.

AB477-ASA1,13,19 d. The rate of flow of the high capacity well.

AB477-ASA1,13,22 e. The ultimate use of the high capacity well, except that the department may not require the high capacity well to be used for a purpose not proposed by the applicant in the approval application.

AB477-ASA1,13,25 2. The department may include the conditions under subd. 1. in the approval for a new high capacity well only if the conditions are included for any of the following purposes:

AB477-ASA1,14,7 a. To ensure that the new high capacity well will not significantly impair groundwater quality or exacerbate an impairment to groundwater quality because of existing contaminants in the area where the proposed well will be located. In making this determination, the department may consider the impact caused only by the new high capacity well together with other wells on the same property or on contiguous property owned by the new high capacity well owner, and may not consider the impact caused by any other wells.

AB477-ASA1,14,8 b. For the purposes specified in par. (a), (b), (c), or (d), if applicable.

AB477-ASA1,14,12 3. Except as provided in subd. 5., the conditions under subd. 1. a. to e. that are included in an approval shall be identical to the information provided in the approval application unless different conditions are necessary to meet the purposes described in subd. 2.

AB477-ASA1,14,14 4. In addition to the conditions under subd. 1., the department may include the following conditions in an approval for a high capacity well:

AB477-ASA1,14,16 a. A requirement that the owner of the high capacity well comply with the compensation requirements under sub. (11).

AB477-ASA1,14,18 b. A requirement that the high capacity well comply with department standards that apply to the construction of high capacity wells.

AB477-ASA1,14,23 5. If the department issues an approval for a high capacity well located in a sensitive resource area, the department may include conditions in the approval in addition to those under subds. 1. and 4. if they are consistent with the department's authority granted by statute. Subdivision 3. does not apply to conditions included in an approval for a high capacity well located in a sensitive resource area.

AB477-ASA1,15,3 6. In reviewing an application for an approval for a new high capacity well, the department may not impose conditions on any other existing well, regardless of the location of the existing well, unless the department is authorized to do so by statute.

AB477-ASA1,20 Section 20. 281.34 (5m) of the statutes is amended to read:

AB477-ASA1,15,9 281.34 (5m) Consideration of cumulative impacts. No person may challenge an approval, or an application for approval, of a high capacity well based on the lack of consideration of the cumulative environmental impacts of that high capacity well together with existing wells, unless the high capacity well is located in a sensitive resource area.

AB477-ASA1,21 Section 21. 281.34 (7) of the statutes is renumbered 281.34 (7) (a) and amended to read:

AB477-ASA1,15,16 281.34 (7) (a) The department may not rescind an approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., remains in effect unless the department modifies or rescinds the approval because the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to contained in the approval of the high capacity well.

AB477-ASA1,22 Section 22. 281.34 (7) (b) of the statutes is created to read:

AB477-ASA1,15,24 281.34 (7) (b) 1. Except as provided in subd. 2., the department may impose new or modified conditions applicable to the approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., only if a hearing examiner determines that the imposition of new or modified conditions is necessary in order to abate an infringement of public rights in navigable waters and issues an order under s. 30.03 (4) requiring the owner of the high capacity well to comply with the new or modified conditions.

AB477-ASA1,16,5 2. In addition to the department's authority under subd. 1., the department may impose new or modified conditions applicable to the approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., if the well is located in a sensitive resource area and the department is authorized to impose the new or modified conditions by statute.

AB477-ASA1,16,10 3. Nothing in this paragraph prohibits the department from imposing a new condition, or modifying an existing condition, in an existing high capacity well approval if the high capacity well owner agrees to the imposition of the new or modified condition and the condition is of the type that the department is authorized to impose under sub. (5) (f).

AB477-ASA1,23 Section 23. 281.34 (7g) of the statutes is created to read:

AB477-ASA1,16,15 281.34 (7g) Rules. (a) For the purpose of establishing a minimum level under sub. (7m), the department shall promulgate rules establishing the method for determining the minimum rate of flow of each stream and the minimum water level of each lake necessary to prevent all of the following:

AB477-ASA1,16,17 1. Endangerment of fish and aquatic life that are naturally sustainable absent any groundwater withdrawals affecting the stream or lake.

AB477-ASA1,16,19 2. Impairment of navigation of the type typically conducted on the stream or lake.

AB477-ASA1,16,23 3. Deterioration of the water quality of the stream or lake, caused by the reduction of the rate of flow or water level of the stream or lake, that results in a violation of a water quality standard set under rules promulgated by the department under s. 281.15.

AB477-ASA1,16,25 4. Infringement upon a riparian owner's reasonable expectation of access to a lake.

AB477-ASA1,17,2 5. Reduction in the amount of water available for any existing surface water diversion from the stream or lake that impairs the diversion's use.

AB477-ASA1,17,9 (b) The department shall promulgate rules defining what constitutes a significant measurable drawdown of a navigable water for purposes of sub. (7m) (m) 2. The department shall define a significant measurable drawdown as the amount of reduction of a rate of flow or a water level of a navigable water that is greater than the seasonal variation for that navigable water. The definition of a significant measurable drawdown shall be limited to rates of flow and water levels only, and shall not include any biological or other factors.

AB477-ASA1,17,12 (c) The department shall promulgate rules, consistent with this section, establishing its administrative procedures for receiving, reviewing, and acting on applications for approvals under this section.

AB477-ASA1,24 Section 24. 281.34 (7m) of the statutes is created to read:

AB477-ASA1,17,14 281.34 (7m) Sensitive resource areas. (a) In this subsection:

AB477-ASA1,17,17 1. "Minimum level" means the rate of flow of a stream or the water level of a lake that is the minimum for that stream or lake determined by the department using the method established under sub. (7g) (a).

AB477-ASA1,17,20 2. "Navigable stream or navigable lake" does not include an artificial water body, as defined under s. 30.19 (1b) (a), or a farm drainage ditch, as defined under s. 30.10 (4) (c).

AB477-ASA1,18,3 (ag) If the department has information or data, that the department determines to be credible, from a professional geologist, professional hydrologist, or professional hydrogeologist that shows that cumulative groundwater withdrawals from high capacity wells and other wells in an area of this state are collectively causing or may be likely to collectively cause a reduction of a navigable stream's or navigable lake's rate of flow or water level below the minimum level determined for that stream or lake, the department shall request approval from the joint committee on finance to evaluate and model the hydrology of that area.

AB477-ASA1,18,10 (aj) If, during a calendar year, the department receives approval applications under this section for high capacity wells, located in a subwatershed area described by a 12-digit hydrologic unit code by the federal department of the interior or the federal department of agriculture, that would have a cumulative withdrawal capacity of more than 15 million gallons per day, the department shall request approval from the joint committee on finance to evaluate and model the hydrology of that area.

AB477-ASA1,18,16 (am) The department may proceed with the action requested under par. (ag) or (aj) if within 14 working days of the request the joint committee on finance does not schedule a meeting for the purpose of reviewing the department's request. If the committee schedules a meeting for the purpose of reviewing the department's request, the department may not take the requested action unless the committee approves the request.

AB477-ASA1,18,22 (ar) The department shall evaluate and model the hydrology of sections 32, 33, and 34 of the town of Coloma in Waushara County, the town of Oasis in Waushara County, the town of Saratoga in Wood County, and sections 2, 3, and 4 of the town of Springfield in Marquette County. The department shall conduct the activities required under this paragraph without requesting or obtaining approval from the joint committee on finance.

AB477-ASA1,19,5 (b) If upon conclusion of the evaluation and modeling of an area under par. (am) or (ar), the department determines that special measures relating to existing and potential groundwater withdrawal are necessary in that area to prevent or remedy a reduction of a navigable stream's or navigable lake's rate of flow or water level below its minimum level, the department shall issue a decision on whether it recommends designation of the area as a sensitive resource area. If the department issues a decision recommending designation of the area as a sensitive resource area, the decision shall contain all of the following information:

AB477-ASA1,19,9 1. A description of the extent to which the department has determined that cumulative groundwater withdrawals in the area cause, or are expected to cause, a reduction of a navigable stream's or navigable lake's rate of flow or water level below its minimum level.

AB477-ASA1,19,13 1m. A description of the concrete scientific information that the department used to establish that there is a hydrologic connection between the groundwater in the area and the navigable waters in the area and the degree to which the department verified the connection by the use of field work or field study.

AB477-ASA1,19,20 2. A description of the geographical boundaries of the area that the department recommends for designation as a sensitive resource area. The department shall identify in the description the specific navigable water or part of the navigable water that is or may be affected by the cumulative groundwater withdrawals and shall identify the location of the groundwater withdrawals that the department has determined are causing or may cause a reduction of a navigable stream's or navigable lake's rate of flow or water level below its minimum level.

AB477-ASA1,20,3 3. Any proposed measures relating to existing and potential groundwater withdrawal that the department recommends be taken in the area recommended for designation as a sensitive resource area to prevent or remedy a reduction of a navigable stream's or navigable lake's rate of flow or water level below its minimum level. If the department recommends special regulations for the area, the regulations may include the use of conservation measures, the imposition of limits on groundwater withdrawals, the use of a groundwater withdrawal credit system, or other means of regulation.

AB477-ASA1,20,5 4. The length of time that the department will reasonably require to review an application for approval of a new high capacity well in the area.