AB926,12,1313 (c) Strategies for managing water.
AB926, s. 8 14Section 8. 281.35 (1) (a) of the statutes is amended to read:
AB926,12,1615 281.35 (1) (a) "Approval" means a permit issued under s. 30.18 or an approval
16under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.
AB926, s. 9 17Section 9. 281.35 (1) (b) 2. of the statutes is amended to read:
AB926,12,2118 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss
19over any 30-day period that is reported to the department or the public service
20commission under sub. (3) (c) or s. 30.18 (6) (c), 196.98, 281.17 (1) 281.34, or 281.41
21or s. 281.17 (1), 2001 stats.
AB926, s. 10 22Section 10. 281.35 (4) (a) 2. of the statutes is amended to read:
AB926,12,2523 281.35 (4) (a) 2. A person who is operating a well under an approval issued
24under s. 281.17 (1) or who is required to obtain an approval under that paragraph
25before constructing or installing a well
, 2001 stats.
AB926, s. 11
1Section 11. 281.35 (4) (a) 2m. of the statutes is created to read:
AB926,13,42 281.35 (4) (a) 2m. A person who is operating a well under an approval issued
3under s. 281.34 or who is required to obtain an approval under that section before
4constructing a well.
AB926, s. 12 5Section 12. 281.35 (4) (b) (intro.) of the statutes is amended to read:
AB926,13,96 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new
7withdrawal or increase the amount of an existing withdrawal, the person shall apply
8to the department under s. 30.18, 281.17 (1) 281.34, or 281.41 for a new approval or
9a modification of its existing approval if either of the following conditions applies:
AB926, s. 13 10Section 13. 293.65 (3) of the statutes is amended to read:
AB926,13,1611 293.65 (3) Withdrawal of groundwater; dewatering; permit requirements. (a)
12An approval under s. 281.17 (1) 281.34 is required to withdraw groundwater or to
13dewater mines if the capacity and rate of withdrawal of all wells involved in the
14withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each
15day. A permit under s. 283.31 is required to discharge pollutants resulting from the
16dewatering of mines.
AB926,13,2317 (b) The department may not issue an approval under s. 281.17 (1) 281.34 if the
18withdrawal of groundwater for prospecting or mining purposes or the dewatering of
19mines will result in the unreasonable detriment of public or private water supplies
20or the unreasonable detriment of public rights in the waters of the state. No
21withdrawal of groundwater or dewatering of mines may be made to the unreasonable
22detriment of public or private water supplies or the unreasonable detriment of public
23rights in the waters of the state.
AB926, s. 14 24Section 14. 299.05 (2) (b) of the statutes is amended to read:
AB926,13,2525 299.05 (2) (b) Approvals under s. 281.17 (1) 281.34.
AB926, s. 15
1Section 15 . Nonstatutory provisions.
AB926,14,52 (1) Position authorizations. The authorized FTE positions for the department
3of natural resources are increased by 5.0 PR positions on July 1, 2004, to be funded
4from the appropriation under section 20.370 (4) (cg) of the statutes, as created by this
5act, for groundwater quantity management.
AB926,14,66 (2) Groundwater quantity committee.
AB926,14,77 (a) In this subsection:
AB926,14,9 81. "Groundwater protection area" has the meaning given in section 281.34 (1)
9(a) of the statutes, as created by this act.
AB926,14,11 102. "High capacity well" has the meaning given in section 281.34 (1) (b) of the
11statutes, as created by this act.
AB926,14,13 123. "Local governmental unit" has the meaning given in section 281.34 (1) (c) of
13the statutes, as created by this act.
AB926,14,15 144. "Spring" has the meaning given in section 281.34 (1) (f) of the statutes, as
15created by this act.
AB926,14,17 165. "Water loss" has the meaning given in section 281.34 (1) (g) of the statutes,
17as created by this act.
AB926,14,1918 (b) There is created a groundwater quantity committee consisting of the
19following members:
AB926,14,20 201. Four persons appointed by the governor.
AB926,14,21 212. Four persons appointed by the speaker of the assembly.
AB926,14,22 223. Four persons appointed by the majority leader of the senate.
AB926,14,23 234. The secretary of natural resources or the secretary's designee.
AB926,14,2524 (c) Each appointing authority under paragraph (b) 1. to 3 . shall appoint one
25member representing each of the following interests:
AB926,15,1
11. Industrial.
AB926,15,2 22. Agricultural.
AB926,15,3 33. Environmental.
AB926,15,4 44. Municipal.
AB926,15,65 (d) The speaker of the assembly and the majority leader of the senate shall each
6designate one appointee as cochairperson of the groundwater quantity committee.
AB926,15,117 (e) No later than December 31, 2006, the groundwater quantity committee
8shall report to the standing committees of the legislature with jurisdiction over
9environmental matters, in the manner provided in section 13.172 (3) of the statutes,
10recommendations for legislation to address the management of groundwater in the
11following areas, and administrative rules to implement the legislation:
AB926,15,13 121. Groundwater management areas, as designated under section 281.34 (9) (a)
13of the statutes, as created by this act.
AB926,15,1914 2. Other areas of the state in which the withdrawal of groundwater over the
15long term adversely affects the availability of water for use or adversely affects water
16quality due to the effects of drawdown of the groundwater and in which there is a
17need for a coordinated response among the state, local governmental units, regional
18planning commissions, and public and private users of groundwater to address the
19effects on groundwater availability or quality.
AB926,15,2520 (f) The groundwater quantity committee shall recommend under paragraph (e )
21a coordinated strategy for addressing groundwater management issues by affected
22local governmental units and regional planning commissions with the assistance of
23the department of natural resources and other state agencies. The committee shall
24consult with affected local governmental units in the preparation of the
25recommendations under paragraph (e ).
AB926,16,12
1(g) The groundwater quantity committee shall review the implementation of
2section 281.34 of the statutes, as created by this act. No later than December 31,
32007, the groundwater quantity committee shall report to the standing committees
4of the legislature with jurisdiction over environmental matters, in the manner
5provided in section 13.172 (3) of the statutes, the results of this review and the
6committee's recommendations for changes in the regulation of high capacity wells
7that are in groundwater protection areas, that have a water loss of 95 percent or
8more, or that have a significant environmental impact on a spring. The committee
9shall include in the report recommendations for statutory authorization for
10groundwater management strategies that permit adaptation of the regulation of
11high capacity wells as relevant information becomes available or groundwater
12conditions change.
AB926,16,1413 (h) The department of natural resources shall staff and provide funding for the
14groundwater quantity committee.
AB926,16,1515 (i) The groundwater quantity committee terminates on December 31, 2007.
AB926,17,216 (3) Identification of groundwater protection areas. Notwithstanding section
17281.34 (1) (a) 3. of the statutes, as created by this act, until the effective date of the
18rules promulgated under section 281.34 (8) (a) of the statutes, as created by this act,
19or the first day of the 19th month beginning after the effective date of this subsection,
20whichever is later, the department shall identify which streams are class I and class
21II trout streams, other than class I or class II trout streams that are farm drainage
22ditches with no prior stream history, for the purpose of identifying groundwater
23protection areas using sections NR 102.10 and 102.11, Wisconsin Administrative
24Code, the version of the department's publication Wisconsin Trout Streams

1published most recently before the effective date of this subsection, and the
2information available to the department concerning farm drainage ditches.
AB926, s. 16 3Section 16. Initial applicability.
AB926,17,74 (1) High capacity wells. The treatment of sections 281.17 (1) and 281.34 (2)
5of the statutes first applies to an application for approval of a high capacity well that
6is received by the department of natural resources on the day after the effective date
7of this subsection.
AB926,17,88 (End)
Loading...
Loading...