This bill also provides that no additional approval is needed for the owner of an
approved high capacity well to repair or maintain the well; to reconstruct the existing
high capacity well if the reconstructed well meets certain conditions; or to transfer
the approval at the same time as the owner transfers the land on which the approved
high capacity well is located. The bill also provides that under certain circumstances
an additional approval is not required to replace an existing high capacity well. The
new high capacity well must be constructed in accordance with DNR standards that
apply to the construction of new high capacity wells on the date that construction of
the replacement begins and must satisfy certain other requirements. Either the well
replacement must be undertaken to remedy or prevent contamination or the
replacement well must be drilled to substantially the same depth as the existing well
and be located within a certain radius of the existing well. No additional fee is
required for any of these actions, but the owner of the existing approved high capacity
well must notify DNR of any replacement, reconstruction, or transfer. The owner
may not take any of these actions if they would be inconsistent with the conditions
of the existing high capacity well approval. The conditions of the approval issued for
the existing high capacity well continue to apply after any of these actions are taken.
For further information see the state 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:
AB477,1 1Section 1. 281.34 (1) (a) (intro.) of the statutes is amended to read:
AB477,5,32 281.34 (1) (a) (intro.) "Groundwater protection area" means an area within
31,200 1,600 feet of any of the following:
AB477,2 4Section 2. 281.34 (1) (em) of the statutes is created to read:
AB477,6,2
1281.34 (1) (em) "Reconstruct" means to modify original construction including
2deepening, lining, installing or replacing a screen, and underreaming.
AB477,3 3Section 3. 281.34 (1) (er) of the statutes is created to read:
AB477,6,54 281.34 (1) (er) "Sensitive resource area" means an area designated as a
5sensitive resource area by statute.
AB477,4 6Section 4. 281.34 (1m) of the statutes is created to read:
AB477,6,117 281.34 (1m) Limits on regulatory authority. (a) Notwithstanding ss. 281.11
8and 281.12 (1), the department's duty and authority, including public trust duties or
9rule-making authority, with respect to issuance of high capacity well approvals is
10limited to the duty and authority that is explicitly conferred upon the department
11by this section.
AB477,6,1312 (b) Paragraph (a) does not limit the department's authority to regulate water
13withdrawals under ss. 281.346 and 281.35.
AB477,5 14Section 5. 281.34 (2) of the statutes is amended to read:
AB477,6,2515 281.34 (2) Approval required for high capacity wells. An Except as provided
16under sub. (2g), an
owner shall apply to the department for approval before
17construction of a high capacity well begins. No Except as provided under sub. (2g),
18no
person may construct or withdraw water from a high capacity well without the
19approval of the department under this section or under s. 281.17 (1), 2001 stats. An
20owner applying for approval under this subsection shall pay a fee of $500. The
21department shall issue an approval to construct a high capacity well to any person
22who applies for an approval and pays the required fee if the high capacity well meets
23the requirements of this section. If the department denies an approval under this
24section, the department shall provide the applicant with a written explanation of the
25reason for the denial.
AB477,6
1Section 6. 281.34 (2g) of the statutes is created to read:
AB477,7,62 281.34 (2g) Repair, replacement, reconstruction, and transfer of ownership
3of an approved high capacity well.
(a) Except as provided in par. (e), if an existing
4high capacity well has been approved under this section or under s. 281.17 (1), 2001
5stats., the owner of that well may take any of the following actions without obtaining
6an additional approval under this section:
AB477,7,77 1. Repair and maintain the existing high capacity well.
AB477,7,138 2. Construct a new high capacity well to replace the existing high capacity well
9if the new high capacity well will be constructed in accordance with department
10standards that apply to the construction of new high capacity wells on the date that
11construction of the replacement high capacity well begins, if the existing high
12capacity well is filled and sealed as provided in rules promulgated by the department
13in a manner that will protect public safety, and if any of the following applies:
AB477,7,1614 a. The purpose of replacement is to remedy or prevent contamination. The
15owner of the well shall submit documentation of the contamination to the
16department in the manner and form required by the department.
AB477,7,2217 b. The replacement high capacity well will be drilled to substantially the same
18depth as the existing high capacity well and will be located within a 75-foot radius
19of the existing high capacity well or, if located 75 feet or more from the existing high
20capacity well, will be located farther from the nearest navigable stream or navigable
21lake than the existing high capacity well and will not be located within 1,000 feet of
22any other navigable stream or navigable lake.
AB477,7,2523 3. Reconstruct the existing high capacity well, if the reconstructed high
24capacity well is constructed to substantially the same depth and specifications as the
25existing high capacity well.
AB477,8,2
14. Transfer the approval, concurrent with transferring the land on which the
2approved high capacity well is located, to the person to whom the land is transferred.
AB477,8,33 (b) The department may not impose a fee for any action under par. (a).
AB477,8,84 (c) No later than 90 days after taking any action under par. (a) 2., 3., or 4. the
5owner of the high capacity well shall notify the department of the action taken on a
6form prescribed by the department. For any action taken under par. (a) 2. the owner
7shall, on the same form, notify the department of the location of the replacement high
8capacity well and the method by which the existing well was filled and sealed.
AB477,8,119 (d) Except as provided in sub. (7), the conditions of the existing high capacity
10well approval continue to apply after an owner takes any of the actions under par.
11(a).
AB477,8,1312 (e) An owner of a well may not take an action under par. (a) if the action would
13be inconsistent with the conditions of the existing high capacity well approval.
AB477,7 14Section 7. 281.34 (4) (a) (intro.) of the statutes is amended to read:
AB477,8,1715 281.34 (4) (a) (intro.) The department shall review an application for approval
16of any of the following that are located in a sensitive resource area using the
17environmental review process in its rules promulgated under s. 1.11:
AB477,8 18Section 8. 281.34 (4) (am) of the statutes is created to read:
AB477,8,2219 281.34 (4) (am) The department may review an application for approval of a
20high capacity well described in par. (a) 1. to 3. using the environmental review
21process in its rules promulgated under s. 1.11 if the high capacity well is not located
22in a sensitive resource area.
AB477,9 23Section 9. 281.34 (4g) of the statutes is created to read:
AB477,9,3
1281.34 (4g) Approval deadlines. (a) Except as provided in par. (b), the
2department shall approve or deny an application for an approval for a high capacity
3well within the following period:
AB477,9,54 1. If an environmental review is not conducted under sub. (4), within 65
5business days from the date of filing the application for the approval.
AB477,9,76 2. If an environmental review is conducted under sub. (4), within 130 business
7days from the date of filing the application for the approval.
AB477,9,98 (b) This subsection does not apply to an approval application for a high capacity
9well located in a sensitive resource area.
AB477,10 10Section 10. 281.34 (5) (a) of the statutes is amended to read:
AB477,9,1811 281.34 (5) (a) Public water supply. If the department determines that a
12proposed high capacity well may impair the water supply of a public utility engaged
13in furnishing water to or for the public, the department may not approve the high
14capacity well unless it is able to include and includes in the approval conditions,
15which may include conditions as to location, depth, pumping capacity, rate of flow,
16and ultimate use
, limited to those described in par. (f) 3. and 3m. and if applicable
17par. (f) 4.
, that will ensure that the water supply of the public utility will not be
18impaired.
AB477,11 19Section 11. 281.34 (5) (b) of the statutes is amended to read:
AB477,9,2520 281.34 (5) (b) Groundwater protection area. 1. Except as provided in subd. 2.,
21if the department determines, under the environmental review process in sub. (4),
22that an environmental impact report under s. 23.11 (5) must be prepared for a
23proposed high capacity well located in a groundwater protection area, the
24department may not approve the high capacity well unless it is able to include and
25includes in the approval conditions, which may include conditions as to location,

1depth, pumping capacity, rate of flow, and ultimate use
, limited to those described
2in par. (f) 3. and 3m. and if applicable par. (f) 4.
, that ensure that the high capacity
3well does not cause significant environmental impact.
AB477,10,124 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 in the approval conditions, which may include conditions as to location,
9depth, pumping capacity, rate of flow, and ultimate use
, limited to those described
10in par. (f) 3. and 3m. and if applicable par. (f) 4.
, that ensure that the environmental
11impact of the well is balanced by the public benefit of the well related to public health
12and safety.
AB477,12 13Section 12. 281.34 (5) (c) of the statutes is amended to read:
AB477,10,2214 281.34 (5) (c) High water loss. If the department determines, under the
15environmental review process in sub. (4), that an environmental impact report under
16s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of
17more than 95 percent of the amount of water withdrawn, the department may not
18approve the high capacity well unless it is able to include and includes in the
19approval conditions, which may include conditions as to location, depth, pumping
20capacity, rate of flow, and ultimate use
, limited to those described in par. (f) 3. and
213m. and if applicable par. (f) 4.
, that ensure that the high capacity well does not cause
22significant environmental impact.
AB477,13 23Section 13. 281.34 (5) (d) of the statutes is amended to read:
AB477,11,724 281.34 (5) (d) Impact on a spring. 1. Except as provided in subd. 2., if the
25department determines, under the environmental review process in sub. (4), that an

1environmental impact report under s. 23.11 (5) must be prepared for a proposed high
2capacity well that may have a significant environmental impact on a spring, the
3department may not approve the high capacity well unless it is able to include and
4includes in the approval conditions, which may include conditions as to location,
5depth, pumping capacity, rate of flow, and ultimate use
, limited to those described
6in par. (f) 3. and 3m. and if applicable par. (f) 4.
, that ensure that the high capacity
7well does not cause significant environmental impact.
AB477,11,168 2. Subdivision 1. does not apply to a proposed high capacity well that may have
9a significant environmental impact on a spring and that is a water supply for a public
10utility engaged in supplying water to or for the public, if the department determines
11that there is no other reasonable alternative location for a well and is able to include
12and includes in the approval conditions, which may include conditions as to location,
13depth, pumping capacity, rate of flow, and ultimate use
, limited to those described
14in par. (f) 3. and 3m. and if applicable par. (f) 4.
, that ensure that the environmental
15impact of the well is balanced by the public benefit of the well related to public health
16and safety.
AB477,14 17Section 14. 281.34 (5) (f) of the statutes is created to read:
AB477,11,2318 281.34 (5) (f) Limitations on approval conditions for new high capacity wells.
191. In reviewing an application for an approval for a new high capacity well, the
20department may not impose conditions on any other existing well, regardless of the
21location of the existing well. The department may impose conditions in the approval
22for the new high capacity well only if the conditions are imposed for any of the
23following purposes, subject to subd. 2.:
AB477,12,524 a. To ensure that the new high capacity well together with other wells on the
25same property or on contiguous property owned by the new high capacity well owner

1will not cause a significant adverse environmental impact to a navigable water. In
2making this determination, the department shall consider the impact to a navigable
3water caused only by the new high capacity well together with other wells on the
4same property or on contiguous property owned by the new high capacity well owner
5and may not consider the impact caused by any other wells.
AB477,12,96 b. To require the owner of the new high capacity well to remedy an
7unreasonable harm caused by the new high capacity well to another person's well if
8the other person's well is not a high capacity well and it was in existence on the date
9of the application for approval of the new high capacity well.
AB477,12,1210 2. a. In an approval to which par. (a), (b), (c), or (d) applies, the department shall
11also impose conditions for the purposes specified in par. (a), (b), (c), or (d),
12respectively.
AB477,12,1813 b. Subdivision 1. a. does not apply to a new high capacity well that may cause
14a significant adverse environmental impact to a navigable water and that is a water
15supply for a public utility engaged in supplying water to or for the public if the
16department determines that there is no other reasonable alternative location for the
17well and determines that the environmental impact of the well is balanced by the
18public benefit of the well related to public health and safety.
AB477,12,2119 3. Except as provided in subds. 3m. and 4., if the department imposes
20conditions in any approval for a new high capacity well, the department may only do
21the following:
AB477,12,2222 a. Restrict the location of the high capacity well.
AB477,12,2323 b. Restrict the depth of the high capacity well.
AB477,12,2424 c. Restrict the pumping capacity of the high capacity well.
AB477,12,2525 d. Restrict the rate of flow of the high capacity well.
AB477,13,3
1e. Restrict the ultimate use of the high capacity well, except that the
2department may not require the high capacity well to be used for a purpose not
3proposed by the applicant in the approval application.
AB477,13,54 f. Impose conditions that the department is authorized to impose to meet the
5requirements of subd. 1. b.
AB477,13,76 g. Impose conditions consistent with department standards that apply to the
7construction of high capacity wells.
AB477,13,108 3m. Notwithstanding the limitations in subd. 1., the department may require
9monitoring as a condition in an approval for a new high capacity well if all of the
10following apply:
AB477,13,1311 a. The department cannot ensure, without requiring monitoring, that the
12amount or rate of the groundwater withdrawal will not exceed the allowable amount
13or rate under this section or that the quality of the groundwater will not be impaired.
AB477,13,1514 b. The monitoring conditions are imposed only for the purpose of assessing the
15water levels of navigable waters in the area or groundwater quality.
AB477,13,1716 c. If a monitoring condition requires groundwater testing, the department
17requires testing of only groundwater withdrawn by the new high capacity well.
AB477,13,2118 4. If the department issues an approval for a new high capacity well located in
19a sensitive resource area, the department may impose conditions in the approval, in
20addition to those specified under subds. 3. and 3m., only if they are consistent with
21the department's authority granted by statute.
AB477,15 22Section 15. 281.34 (7) of the statutes is renumbered 281.34 (7) (a) and
23amended to read:
AB477,14,324 281.34 (7) (a) The department may not rescind an approval of a high capacity
25well issued under this section or under s. 281.17 (1), 2001 stats., remains in effect

1unless the department modifies or rescinds the approval because the high capacity
2well or the use of the high capacity well is not in conformance with standards or
3conditions applicable to contained in the approval of the high capacity well.
AB477,16 4Section 16. 281.34 (7) (b) of the statutes is created to read:
AB477,14,115 281.34 (7) (b) 1. Except as provided in subd. 2., the department may impose new
6or modified conditions applicable to the approval of a high capacity well issued under
7this section or under s. 281.17 (1), 2001 stats., only if a hearing examiner determines
8that the imposition of new or modified conditions is necessary in order to abate an
9infringement of public rights in navigable waters and issues an order under s. 30.03
10(4) requiring the owner of the high capacity well to comply with the new or modified
11conditions.
AB477,14,1612 2. In addition to the department's authority under subd. 1., the department
13may impose new or modified conditions applicable to the approval of a high capacity
14well issued under this section or under s. 281.17 (1), 2001 stats., if the well is located
15in a sensitive resource area and the department is authorized to impose the new or
16modified conditions by statute.
AB477,14,2017 3. Nothing in this paragraph prohibits the department from imposing a new
18condition, or modifying an existing condition, in an existing high capacity well
19approval if the high capacity well owner agrees to the imposition of the new or
20modified condition.
AB477,17 21Section 17. 281.34 (7d) of the statutes is created to read:
AB477,14,2422 281.34 (7d) Rules; approval applications. The department shall promulgate
23rules establishing the procedures for reviewing and acting on applications for
24approvals under this section.
AB477,18 25Section 18. 281.34 (7g) of the statutes is created to read:
AB477,15,3
1281.34 (7g) Rules. The department shall promulgate rules establishing a
2method for determining the minimum rate of flow of a stream and the minimum
3water level of a lake necessary to prevent all of the following:
AB477,15,54 (a) Endangerment of fish and aquatic life that are naturally sustainable absent
5any groundwater withdrawals affecting the stream or lake.
AB477,15,76 (b) Impairment of navigation of the type typically conducted on the stream or
7lake.
AB477,15,98 (c) Deterioration of the water quality of the stream or lake below public health
9and safety standards.
AB477,15,1110 (d) Infringement upon a riparian owner's reasonable expectation of access to
11a lake.
AB477,15,1312 (e) Impairment of any existing surface water diversions from the stream or
13lake.
AB477,19 14Section 19. 281.34 (7m) of the statutes is created to read:
AB477,15,1515 281.34 (7m) Sensitive resource areas. (a) In this subsection:
AB477,15,1816 1. "Minimum level" means the rate of flow of a stream or the water level of a
17lake that is the minimum determined by the department using the method
18established under sub. (7g).
AB477,15,2119 2. "Specified Waushara County lake areas" means Pleasant Lake in Waushara
20County, Plainfield Lake in Waushara County, Long Lake in Waushara County, and
21Huron Lake in Waushara County and the areas surrounding those lakes.
AB477,16,722 (ag) If the department has information or data from a professional geologist,
23professional hydrologist, or professional hydrogeologist showing that cumulative
24groundwater withdrawals from high capacity wells and other wells in an area of this
25state are collectively causing or may be likely to collectively cause a reduction of a

1stream's or lake's rate of flow or water level below its minimum level, the department
2shall request approval from the joint committee on finance to evaluate and model the
3hydrology of that area. The department may proceed with the requested action if
4within 14 working days of the request the committee does not schedule a meeting for
5the purpose of reviewing the department's request. If the committee schedules a
6meeting for the purpose of reviewing the department's request, the department may
7not take the requested action unless the committee approves the request.
AB477,16,118 (ar) The department shall evaluate and model the hydrology of all of the
9specified Waushara County Lake areas. The department shall conduct the activities
10required under this paragraph without requesting or obtaining approval from the
11joint committee on finance.
AB477,16,1912 (b) If upon conclusion of the evaluation and modeling of an area under par. (ag)
13or (ar), the department determines that special measures relating to groundwater
14withdrawal are necessary in that area to prevent or remedy a reduction of a stream's
15or lake's rate of flow or water level below its minimum level, the department shall
16issue a decision on whether it recommends designation of the area as a sensitive
17resource area. If the department issues a decision recommending designation of the
18area as a sensitive resource area, the decision shall contain all of the following
19information:
AB477,16,2220 1. A description of the extent to which the department has determined that
21cumulative groundwater withdrawals in the area cause, or are expected to cause, a
22reduction of a stream's or lake's rate of flow or water level below its minimum level.
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