SB76-ASA1,4 12Section 4. 281.34 (1) (er) of the statutes is created to read:
SB76-ASA1,5,1813 281.34 (1) (er) “Significant adverse environmental impact" means alteration
14of groundwater levels, groundwater discharge, surface water levels, surface water
15discharge, groundwater temperature, surface water temperature, groundwater
16chemistry, surface water chemistry, or other factors to the extent that those
17alterations cause significant degradation of environmental quality, including
18biological and ecological aspects of the affected water resource.
SB76-ASA1,5 19Section 5 . 281.34 (1) (f) of the statutes is repealed.
SB76-ASA1,6 20Section 6. 281.34 (2s) of the statutes is created to read:
SB76-ASA1,6,4
1281.34 (2s) Public notice. The department shall require an applicant for
2approval of a high capacity well to provide notice of the application to interested
3members of the public by publication as a class 1 notice under ch. 985. In the notice,
4the applicant shall identify the owner and location of the high capacity well.
SB76-ASA1,7 5Section 7. 281.34 (4) (a) 3. of the statutes is amended to read:
SB76-ASA1,6,76 281.34 (4) (a) 3. A high capacity well that may have a significant adverse
7environmental impact on a spring waters of the state.
SB76-ASA1,8 8Section 8. 281.34 (5) (a) of the statutes is amended to read:
SB76-ASA1,6,179 281.34 (5) (a) Public water supply. If the department determines that a
10proposed high capacity well may impair the water supply of a public utility engaged
11in furnishing water to or for the public, the department may not approve the high
12capacity well unless it is able to include and includes conditions in the approval
13conditions to ensure that the water supply of the public utility will not be impaired,
14which may include conditions as to location, depth, pumping capacity, rate of flow,
15monitoring, and ultimate use, that will ensure that the water supply of the public
16utility will not be impaired
and any other condition the department determines is
17necessary
.
SB76-ASA1,9 18Section 9. 281.34 (5) (b) 1. and 2. of the statutes are amended to read:
SB76-ASA1,7,319 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines,
20under the environmental review process in sub. (4), that an environmental impact
21report under s. 23.11 (5) must be prepared for a proposed high capacity well located
22in a groundwater protection area, the department may not approve the high capacity
23well unless it is able to include and includes conditions in the approval conditions to
24ensure that the high capacity well does not cause significant adverse environmental
25impact
, which may include conditions as to location, depth, pumping capacity, rate

1of flow, monitoring, and ultimate use, that ensure that the high capacity well does
2not cause significant environmental impact
and any other condition the department
3determines is necessary
.
SB76-ASA1,7,134 2. Subdivision 1. does not apply to a proposed high capacity well that is located
5in a groundwater protection area and that is a water supply for a public utility
6engaged in supplying water to or for the public, if the department determines that
7there is no other reasonable alternative location for a well and is able to include and
8includes conditions in the approval conditions to ensure that the environmental
9impact of the well is balanced by the public benefit of the well related to public health
10and safety
, which may include conditions as to location, depth, pumping capacity,
11rate of flow, monitoring, and ultimate use, that ensure that the environmental
12impact of the well is balanced by the public benefit of the well related to public health
13and safety
and any other condition the department determines is necessary.
SB76-ASA1,10 14Section 10. 281.34 (5) (c) of the statutes is amended to read:
SB76-ASA1,7,2415 281.34 (5) (c) High water loss. If the department determines, under the
16environmental review process in sub. (4), that an environmental impact report under
17s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of
18more than 95 percent of the amount of water withdrawn, the department may not
19approve the high capacity well unless it is able to include and includes conditions in
20the approval conditions to ensure that the high capacity well does not cause
21significant adverse environmental impact
, which may include conditions as to
22location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that
23ensure that the high capacity well does not cause significant environmental impact

24and any other condition the department determines is necessary.
SB76-ASA1,11 25Section 11. 281.34 (5) (d) of the statutes is amended to read:
SB76-ASA1,8,11
1281.34 (5) (d) Impact on a spring waters of the state. 1. Except as provided in
2subd. 2., if the department determines, under the environmental review process in
3sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for
4a proposed high capacity well that may have a significant adverse environmental
5impact on a spring waters of the state, the department may not approve the high
6capacity well unless it is able to include and includes conditions in the approval
7conditions to ensure that the high capacity well does not cause significant adverse
8environmental impact
, which may include conditions as to location, depth, pumping
9capacity, rate of flow, monitoring, and ultimate use, that ensure that the high
10capacity well does not cause significant environmental impact
and any other
11condition the department determines is necessary
.
SB76-ASA1,8,2212 2. Subdivision 1. does not apply to a proposed high capacity well that may have
13a significant adverse environmental impact on a spring waters of the state and that
14is a water supply for a public utility engaged in supplying water to or for the public,
15if the department determines that there is no other reasonable alternative location
16for a well and is able to include and includes conditions in the approval conditions
17to ensure that the environmental impact of the well is balanced by the public benefit
18of the well related to public health and safety
, which may include conditions as to
19location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that
20ensure that the environmental impact of the well is balanced by the public benefit
21of the well related to public health and safety
and any other condition the department
22determines is necessary
.
SB76-ASA1,12 23Section 12 . 281.34 (5) (ds) of the statutes is created to read:
SB76-ASA1,9,224 281.34 (5) (ds) Groundwater management plan. If a high capacity well is in a
25groundwater management area designated under s. 281.341 (2) with a groundwater

1management plan under s. 281.341 (3) in effect, the department may not approve the
2high capacity well unless it is consistent with that plan.
SB76-ASA1,13 3Section 13 . 281.34 (5) (e) 3. of the statutes is created to read:
SB76-ASA1,9,84 281.34 (5) (e) 3. The department may include in the approval for a high capacity
5well conditions requiring the owner to implement a monitoring program to evaluate
6environmental impacts caused by operation of the high capacity well, and to submit
7the results of the monitoring program to the department. The department may
8modify the approval based on the results of the monitoring program.
SB76-ASA1,14 9Section 14. 281.34 (5m) of the statutes is amended to read:
SB76-ASA1,9,1510 281.34 (5m) Consideration of cumulative impacts. No person may challenge
11an approval, or an application for approval, of a
When determining whether a high
12capacity well based on the lack of consideration of or proposed high capacity well may
13have a significant adverse environmental impact on the waters of the state, the
14department shall consider
the cumulative environmental impacts of that high
15capacity well together with existing wells withdrawals.
SB76-ASA1,15 16Section 15 . 281.34 (7) (title) of the statutes is amended to read:
SB76-ASA1,9,1817 281.34 (7) (title) Modifying and rescinding Duration, modification, and
18rescission of
approvals for high capacity wells.
SB76-ASA1,16 19Section 16. 281.34 (7) of the statutes is renumbered 281.34 (7) (b) (intro.) and
20amended to read:
SB76-ASA1,9,2521 281.34 (7) (b) (intro.) The An approval of a high capacity well issued under this
22section or under s. 281.17 (1), 2001 stats. prior to the effective date of this paragraph
23.... [LRB inserts date]
, remains in effect for the following periods unless the
24department modifies or rescinds the approval under par. (c) 3. or sub. (5) (e) 3., or
25rescinds the approval
because the high capacity well or the use of the high capacity

1well is not in conformance with standards or conditions applicable to the approval
2of the high capacity well.:
SB76-ASA1,17 3Section 17 . 281.34 (7) (a) of the statutes is created to read:
SB76-ASA1,10,94 281.34 (7) (a) An approval of a high capacity well issued under this section on
5or after the effective date of this paragraph .... [LRB inserts date], may not remain
6in effect for more than 10 years and may be modified or rescinded under par. (c) 3.
7or sub. (5) (e) 3., or because the high capacity well or the use of the high capacity well
8is not in conformance with standards or conditions applicable to the approval of the
9high capacity well.
SB76-ASA1,18 10Section 18 . 281.34 (7) (b) 1. to 5. of the statutes are created to read:
SB76-ASA1,10,1211 281.34 (7) (b) 1. For an approval of a high capacity well issued before January
121, 1980, 8 years from the effective date of this subdivision .... [LRB inserts date].
SB76-ASA1,10,1513 2. For an approval of a high capacity well issued on or after January 1, 1980,
14and before January 1, 1990, 10 years from the effective date of this subdivision ....
15[LRB inserts date].
SB76-ASA1,10,1816 3. For an approval of a high capacity well issued on or after January 1, 1990,
17and before January 1, 2000, 12 years from the effective date of this subdivision ....
18[LRB inserts date].
SB76-ASA1,10,2119 4. For an approval of a high capacity well issued on or after January 1, 2000,
20and before January 1, 2010, 14 years from the effective date of this subdivision ....
21[LRB inserts date].
SB76-ASA1,10,2422 5. For an approval of a high capacity well issued on or after January 1, 2010,
23and before the effective date of this subdivision .... [LRB inserts date], 16 years from
24the effective date of this subdivision .... [LRB inserts date].
SB76-ASA1,19 25Section 19 . 281.34 (7) (c) of the statutes is created to read:
SB76-ASA1,11,6
1281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3)
2takes effect for a groundwater management area designated under s. 281.341 (2), the
3department shall review, for consistency with the groundwater management plan,
4approvals for high capacity wells in the groundwater management area that were
5issued under this section or under s. 281.17 (1), 2001 stats., before the plan took
6effect.
SB76-ASA1,11,117 2. After conducting the review under subd. 1. for a groundwater management
8area designated under s. 281.341 (2), the department may periodically review, for
9consistency with the groundwater management plan, the approvals under this
10section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater
11management area.
SB76-ASA1,11,1612 3. The department may modify the approval under this section or under s.
13281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as
14necessary to ensure that the high capacity well is consistent with the groundwater
15management plan for the groundwater management area in which the high capacity
16well is located.
SB76-ASA1,20 17Section 20 . 281.34 (9) of the statutes is repealed.
SB76-ASA1,21 18Section 21 . 281.341 of the statutes is created to read:
SB76-ASA1,11,20 19281.341 Groundwater management areas. (1) Definitions. In this
20section:
SB76-ASA1,11,2121 (a) “Aquitard" means a geologic formation having low permeability.
SB76-ASA1,11,2522 (b) “Baseflow" means the sustained flow of a stream, principally by
23groundwater discharge, in the absence of direct runoff, calculated as the 7-day low
24flow that occurs on an average of once in every 10 years, or as determined by the
25department using other statistical measures.
SB76-ASA1,12,2
1(bm) “Chief executive" means the county executive or, if a county does not have
2a county executive, the chairperson of the county board of supervisors.
SB76-ASA1,12,43 (c) “Confined aquifer" means a water bearing geologic formation that is
4bounded on its upper surface by an aquitard.
SB76-ASA1,12,55 (d) “Council" means the groundwater coordinating council.
SB76-ASA1,12,76 (e) “Council subcommittee" means the groundwater area review subcommittee
7of the groundwater coordinating council, as created under s. 160.50 (2) (b).
SB76-ASA1,12,88 (em) “High capacity well" has the meaning given in s. 281.34 (1) (b).
SB76-ASA1,12,99 (f) “Potentiometric surface" has the meaning given in s. 281.34 (1) (e).
SB76-ASA1,12,1210 (g) “Sustainable hydrologic conditions" means the balance between
11groundwater consumption and groundwater replenishment so that there are no
12significant adverse environmental impacts to surface water or groundwater.
SB76-ASA1,12,1513 (h) “Target date" means a date by which it is reasonable to expect that the
14groundwater management area will no longer qualify for designation as a
15groundwater management area.
SB76-ASA1,12,1716 (i) “Unconfined aquifer" means a water bearing geologic formation that is not
17bounded on its upper surface by an aquitard.
SB76-ASA1,12,21 18(2) Groundwater management area designation. (a) The department may, by
19rule, designate an area as a groundwater management area if the council forwards
20a conclusion to the department under par. (e) that the area qualifies for designation
21as a groundwater management area.
SB76-ASA1,12,2322 (b) An area with a confined aquifer qualifies for designation as a groundwater
23management area if any of the following applies:
SB76-ASA1,13,3
11. The groundwater potentiometric surface of the confined aquifer has been
2reduced 150 feet or more from the level at which the potentiometric surface would
3be if no groundwater had been pumped from the area.
SB76-ASA1,13,64 2. The groundwater potentiometric surface of the confined aquifer has been
5reduced to less than 20 feet above the top of the aquitard bounding the upper surface
6of the confined aquifer.
SB76-ASA1,13,87 3. The static water level in the majority of the wells that pump water from the
8confined aquifer is below the bottom of the confined aquifer's bounding aquitard.
SB76-ASA1,13,109 4. The groundwater potentiometric surface of the confined aquifer is declining
10at a rate exceeding 5 feet per year averaged over a 10-year period.
SB76-ASA1,13,1111 5. The department has initiated an action under s. 30.03 (4) relating to the area.
SB76-ASA1,13,1312 (c) An area with an unconfined aquifer qualifies for designation as a
13groundwater management area if any of the following applies:
SB76-ASA1,13,1714 1. The baseflow of the streams in the area has declined more than 10 percent
15from what the baseflow of the streams would be if no groundwater had been pumped
16from the area and that decline has resulted in significant adverse environmental
17impact, as defined in s. 281.34 (1) (er).
SB76-ASA1,13,1918 2. The water table elevation of the unconfined aquifer is declining at a rate
19exceeding 1 foot per year averaged over a 10-year period.
SB76-ASA1,13,2220 3. The withdrawal of groundwater in the area has caused a decline in the water
21table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as
22determined by use of groundwater flow modeling.
SB76-ASA1,13,2323 4. The department has initiated as action under s. 30.03 (4) relating to the area.
SB76-ASA1,14,1224 (d) The council subcommittee shall meet regularly to examine areas that may
25qualify for designation as groundwater management areas under this subsection

1and shall forward its conclusions to the council. Any person may file a petition with
2the department requesting consideration of an area for designation as a
3groundwater management area, which the department shall promptly forward to
4the council subcommittee, and which the council subcommittee shall examine. The
5council subcommittee's conclusions shall include a delineation of the geographic
6boundaries of the areas examined. If the council subcommittee concludes that an
7area qualifies for designation as a groundwater management area under this
8subsection, the council subcommittee's conclusion shall include a proposed target
9date and sustainable hydrologic conditions for the area. Before examining any other
10area, the council subcommittee shall examine the following areas to determine
11whether they qualify for designation as groundwater management areas under this
12subsection and shall forward the council subcommittee's conclusion to the council:
SB76-ASA1,14,1413 1. The 2 groundwater management areas designated under s. 281.34 (9), 2013
14stats.
SB76-ASA1,14,1515 2. The area known as the central sands region.
SB76-ASA1,14,2216 (e) If the council subcommittee forwards a conclusion to the council under par.
17(d) that an area qualifies as a groundwater management area and if the council
18concurs with that conclusion, the council shall recommend that the department
19designate the area as a groundwater management area. The council's
20recommendation under this paragraph shall include a delineation of the geographic
21boundaries of, and a proposed target date and sustainable hydrologic conditions for,
22the proposed groundwater management area.
SB76-ASA1,15,223 (f) If the department promulgates a rule designating an area as a groundwater
24management area as authorized under par. (a), the department shall, not later than

190 days after the rule is promulgated, establish a target date and sustainable
2hydrologic conditions for the area.
SB76-ASA1,15,73 (g) 1. After the target date established under par. (f) for an area, the council
4subcommittee shall consider whether the area still qualifies as a groundwater
5management area under this subsection. If the council subcommittee concludes that
6the area no longer qualifies as a groundwater management area, it shall forward that
7conclusion to the council.
SB76-ASA1,15,118 2. If the council subcommittee forwards a conclusion under subd. 1. that an
9area no longer qualifies as a groundwater management area and if the council
10concurs with that conclusion, the council may recommend that the department
11rescind the designation of the area as a groundwater management area.
SB76-ASA1,15,1512 3. The department may rescind the designation of an area as a groundwater
13management area, by repealing the rule designating an area as a groundwater
14management area, if the council recommends under subd. 2. that the department
15rescind the designation of the area as a groundwater management area.
SB76-ASA1,15,19 16(3) Groundwater management planning for groundwater management area.
17(a) Subject to pars. (b) and (c), upon the designation under sub. (2) (a) of a
18groundwater management area, the department shall develop and adopt a
19groundwater management plan for the groundwater management area.
SB76-ASA1,16,320 (b) The department, in preparing the groundwater management plan, shall
21appoint and consult with a technical advisory committee and a citizens advisory
22committee. The department shall select members of the technical advisory
23committee who have technical expertise in the area of groundwater science and
24management. The department shall select members of the citizens advisory
25committee who represent a variety of water users, persons interested in water issues,

1and governmental bodies in the groundwater management area, including
2municipal, agricultural, industrial, and commercial water users and conservation
3groups.
SB76-ASA1,16,94 (c) The department shall design the groundwater management plan to protect
5surface water and groundwater, to ensure that the groundwater management area
6will no longer qualify for designation as a groundwater management area by the
7target date established under sub. (2) (f), and to achieve the sustainable hydrologic
8conditions established under sub. (2) (f), and shall include all of the following in the
9groundwater management plan:
SB76-ASA1,16,1010 1. Measurable goals.
SB76-ASA1,16,1311 2. Requirements for the county or counties to report to the department,
12including requirements to report progress toward achieving the sustainable
13hydrologic conditions established under sub. (2) (f).
SB76-ASA1,16,1414 3. Opportunities for public participation in the implementation of the plan.
SB76-ASA1,16,1515 4. Water conservation measures.
SB76-ASA1,16,1716 5. Any other provision that the department determines is necessary to meet the
17sustainable hydrologic conditions established under sub. (2) (f).
SB76-ASA1,22 18Section 22 . 281.344 (4s) (dm) of the statutes is amended to read:
SB76-ASA1,16,2519 281.344 (4s) (dm) Requiring individual permit. The department may require
20a person who is making or proposes to make a withdrawal that averages 100,000
21gallons per day or more in any 30-day period, but that does not equal at least
221,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
23under sub. (5) if the withdrawal is located in a groundwater protection area, as
24defined in s. 281.34 (1) (am), or a groundwater management area designated under
25s. 281.34 (9) or 281.341 (2).
SB76-ASA1,23
1Section 23 . 281.344 (4s) (dm) of the statutes, as affected by 2017 Wisconsin
2Act .... (this act), is amended to read:
SB76-ASA1,17,93 281.344 (4s) (dm) Requiring individual permit. The department may require
4a person who is making or proposes to make a withdrawal that averages 100,000
5gallons per day or more in any 30-day period, but that does not equal at least
61,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
7under sub. (5) if the withdrawal is located in a groundwater protection area, as
8defined in s. 281.34 (1) (am), or a groundwater management area designated under
9s. 281.34 (9) or 281.341 (2).
SB76-ASA1,24 10Section 24. 281.346 (4s) (dm) of the statutes is amended to read:
SB76-ASA1,17,1711 281.346 (4s) (dm) Requiring individual permit. The department may require
12a person who is making or proposes to make a withdrawal that averages 100,000
13gallons per day or more in any 30-day period, but that does not equal at least
141,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
15under sub. (5) if the withdrawal is located in a groundwater protection area, as
16defined in s. 281.34 (1) (am), or a groundwater management area designated under
17s. 281.34 (9) or 281.341 (2).
SB76-ASA1,25 18Section 25 . 281.346 (4s) (dm) of the statutes, as affected by 2017 Wisconsin
19Act .... (this act), is amended to read:
SB76-ASA1,18,220 281.346 (4s) (dm) Requiring individual permit. The department may require
21a person who is making or proposes to make a withdrawal that averages 100,000
22gallons per day or more in any 30-day period, but that does not equal at least
231,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
24under sub. (5) if the withdrawal is located in a groundwater protection area, as

1defined in s. 281.34 (1) (am), or a groundwater management area designated under
2s. 281.34 (9) or 281.341 (2).
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