AB926: Bill Text

LRB-4400/1

RCT:wlj:pg

2003 - 2004 LEGISLATURE

2003 Assembly BILL 926

March 4, 2004 - Introduced by Committee on Natural Resources. Referred to Committee on Natural Resources.

AB926,1,6 An Act to repeal 281.17 (1); to amend 23.11 (5), 281.35 (1) (a), 281.35 (1) (b) 2., 281.35 (4) (a) 2., 281.35 (4) (b) (intro.), 293.65 (3) and 299.05 (2) (b); and to create 20.370 (4) (cg), 20.370 (4) (ch), 20.370 (6) (eg), 281.34 and 281.35 (4) (a) 2m. of the statutes; relating to: regulation of high capacity wells, notification of well construction, groundwater quantity management, granting rule-making authority, and making appropriations.

Analysis by the Legislative Reference Bureau

High capacity wells generally

Current law prohibits a person from constructing or operating one or more wells on one property that have the capacity to withdraw a total of more than 100,000 gallons of water a day (high capacity well) without the approval of the Department of Natural Resources (DNR). DNR must disapprove a high capacity well or impose conditions relating to location, depth, pumping capacity, rate of flow, and ultimate use to ensure that the water supply of a public water utility will not be impaired by the well. The law also generally requires DNR to provide in its approval for a high capacity well that a person may not use water withdrawn from the well to produce bottled drinking water unless DNR approves the use of the well for that purpose. Additional standards apply only to wells that result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period. Water loss is the loss of water from a water basin because the water is being diverted into a different basin, is being incorporated into a product, or for some other reason is not being returned to the original water basin.

This bill modifies the law relating to approvals of certain high capacity wells, although it retains the requirement that DNR ensure that a high capacity well does not impair the water supply of a public water utility. The bill also does not change the standards that apply under current law to wells that result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period. The bill eliminates the requirement that DNR provide in its approval for a high capacity well that a person may not use water withdrawn from the well to produce bottled drinking water unless DNR approves the use of the well for that purpose.

Environmental review

Current law requires state agencies to prepare environmental impact statements for major actions significantly affecting the environment. DNR, like other agencies, has promulgated rules specifying the processes it will use to review the actions that it takes, such as considering applications for various approvals, to determine when it must prepare environmental impact statements. Current law authorizes DNR to require an applicant for a permit or other approval to submit an environmental impact report if the area affected exceeds 40 acres or the estimated cost of the project exceeds $25,000.

The bill requires DNR to use the environmental review process in its rules that is applicable to an action that has the potential to cause significant environmental effects or to an action that normally does not have the potential to cause significant environmental effects when it reviews an application for a high capacity well that is located in a groundwater protection area, that has a water loss of 95 percent of the amount of water withdrawn, or that may have a significant environmental impact on a spring. The bill also authorizes DNR to require an applicant for approval of a high capacity well to submit an environmental impact report.

High capacity wells in groundwater protection areas

Under the bill, a groundwater protection area is an area within 1,200 feet of a body of water identified by DNR as being an outstanding or exceptional resource water, other than a trout stream, or within 1,200 feet of a stream identified by DNR as being a class I or class II trout stream, other than a trout stream that is a farm drainage ditch with no prior stream history. Examples of outstanding or exceptional resource waters include wild and scenic rivers.

Under the bill, if DNR determines that an environmental impact report must be prepared for a proposed high capacity well located in a groundwater protection area, DNR generally may not approve the high capacity well unless it includes in the approval conditions that ensure that the well does not cause significant environmental impact. The bill makes an exception from this restriction for a high capacity well that is a water supply for a public water utility if DNR determines that there is no other reasonable alternative location for a well and DNR includes in the approval conditions that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

High capacity wells with high water loss

Under the bill, if DNR determines that an environmental impact report must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn, DNR may not approve the high capacity well unless it includes in the approval conditions that ensure that the well does not cause significant environmental impact.

High capacity wells that may affect a spring

Under the bill, if DNR determines that an environmental impact report must be prepared for a proposed high capacity well that may have a significant environmental impact on a spring, DNR generally may not approve the high capacity well unless it includes in the approval conditions that ensure that the well does not cause significant environmental impact. The bill makes an exception from this restriction for a high capacity well that is a water supply for a public water utility if DNR determines that there is no other reasonable alternative location for a well and DNR includes in the approval conditions that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

Modifying and rescinding approvals

The bill authorizes DNR to modify or rescind the approval for a high capacity well, whether issued before or after this bill takes effect, if the high capacity well or the use of the high capacity well does not conform to the standards and conditions applicable to the approval of the well.

Mitigation in groundwater protection areas

The bill requires DNR to administer a program to mitigate the effects of wells constructed in groundwater protection areas before this bill takes effect. Mitigation may include abandonment of wells, replacement of wells at different locations, and management strategies. Under the program, DNR may order the owner of a well to undertake mitigation but only if DNR provides funding for the full cost of the mitigation.

Groundwater management areas

The bill requires DNR to identify two groundwater management areas by rule. One would be centered in Brown County and the other centered in Waukesha County. DNR is to identify these groundwater areas by first determining the areas in which the level of water in a well placed in the aquifer would be 150 feet lower than the level would have been if no groundwater had been pumped from the aquifer. A groundwater management area consists of the entire area of each city, village, and town at least a portion of which is within the area with the lowered well water level.

The bill requires DNR to assist local governmental units in groundwater management areas by providing advice, incentives, and funding for research and planning related to groundwater management.

The bill creates a committee, called the Groundwater Quantity Committee, consisting of members, appointed by the governor, the speaker of the assembly, and the senate majority leader, representing industrial, agricultural, environmental, and municipal interests and the secretary of natural resources or the secretary's designee. The bill requires the Groundwater Quantity Committee to report to the legislature, no later than December 31, 2006, recommendations for legislation to address groundwater issues in groundwater management areas and other areas in the state in which the withdrawal of groundwater adversely affects the availability of groundwater for use or adversely affects water quality. If the Groundwater Quantity Committee fails to issue the report on time, the bill requires DNR to promulgate rules to address the management of groundwater in groundwater management areas using authority that DNR has under current law.

The bill also requires the Groundwater Quantity Committee to review the implementation of the provisions of this bill and to report to the legislature, no later than December 31, 2007, the results of this review and recommendations for changes in the regulation of high capacity wells.

Notification of well construction, fees

The bill requires a landowner to notify DNR of the location of a well that is not a high capacity well before construction of the well begins. The bill requires a landowner providing this notice to pay a fee of $50.

The bill requires a person applying for approval of a high capacity well to pay a fee of $500.

Research and monitoring

The bill requires DNR to conduct research and monitoring related to the interaction of groundwater and surface water, characterization of groundwater resources, and strategies for managing water.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB926, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB926, s. 2 Section 2. 20.370 (4) (cg) of the statutes is created to read:

AB926,5,4 20.370 (4) (cg) Groundwater quantity administration. From the general fund, from the moneys received under s. 281.34, the amounts in the schedule for the administration of the program under s. 281.34.

AB926, s. 3 Section 3. 20.370 (4) (ch) of the statutes is created to read:

AB926,5,8 20.370 (4) (ch) Groundwater quantity research. Biennially, from the general fund, from the moneys received under s. 281.34, the amounts in the schedule for groundwater research and monitoring under s. 281.34 (10).

AB926, s. 4 Section 4. 20.370 (6) (eg) of the statutes is created to read:

AB926,5,13 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation under s. 281.34 (8) (d) and funding to local governmental units under s. 281.34 (9) (b).

AB926, s. 5 Section 5. 23.11 (5) of the statutes is amended to read:

AB926,5,19 23.11 (5) The department may require an applicant for a permit or statutory approval which the department, by order, may grant, to submit an environmental impact report if the area affected exceeds 40 acres or , the estimated cost of the project exceeds $25,000, or the applicant is requesting approval under s. 281.34 for a high capacity well.

AB926, s. 6 Section 6. 281.17 (1) of the statutes is repealed.

AB926, s. 7 Section 7. 281.34 of the statutes is created to read:

AB926,5,22 281.34 Groundwater withdrawals. (1) Definitions. In this section:

AB926,5,24 (a) "Groundwater protection area" means an area within 1,200 feet of any of the following: