August 26, 2015 - Introduced by Senators Lasee and Olsen, cosponsored by
Representatives A. Ott, Ballweg, Bernier, E. Brooks, Edming, Kremer,
Krug, T. Larson, Loudenbeck, Mursau, Ripp and Thiesfeldt. Referred to
Committee on Natural Resources and Energy.
SB243,1,4 1An Act to renumber 281.34 (1) (a); to amend 281.34 (1) (b), 281.344 (4s) (dm),
2281.346 (4s) (dm) and 281.346 (12) (a); and to create 281.34 (1) (ae), 281.34 (1)
3(em) and 281.346 (12) (am) of the statutes; relating to: approval, reporting,
4and fee requirements for certain wells.
Analysis by the Legislative Reference Bureau
Current law requires a person to obtain approval from the Department of
Natural Resources (DNR) and pay a $500 fee before constructing a high capacity
well, which is a well that, together with all other wells on the same property, has the
capacity to withdraw more than 100,000 gallons of water per day. In some cases,
before approving a proposed high capacity well, DNR must ensure that the well will
not have a significant adverse effect on certain springs or surface water bodies. The
law also requires the owner of a high capacity well to submit an annual report on the
amount of water pumped. Current law requires a person who wishes to construct a
well that is not a high capacity well to notify DNR and pay a $50 fee.
This bill provides that a well of any capacity used primarily for fire protection
purposes or used primarily to provide water to a single-family or multifamily
residence located on the same property as the well is not a high capacity well. The
bill also provides that an existing residential well or fire protection well is not
included in the 100,000 gallon-per-day threshold when determining whether a new
well to be constructed on the same property is a high capacity well.
Current law requires a person with a water system with the capacity to
withdraw more than 100,000 gallons of water per day from surface water or

groundwater to pay a $125 annual fee to DNR. This bill provides that the capacity
of a well used primarily for fire protection purposes or to provide water to a
single-family or multifamily residence located on the same property as the well is
not considered in determining whether a person is required to pay the $125 annual
fee.
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:
SB243,1 1Section 1. 281.34 (1) (a) of the statutes is renumbered 281.34 (1) (am).
SB243,2 2Section 2. 281.34 (1) (ae) of the statutes is created to read:
SB243,2,43 281.34 (1) (ae) "Fire protection well" means a well used primarily for fire
4protection purposes.
SB243,3 5Section 3. 281.34 (1) (b) of the statutes is amended to read:
SB243,2,96 281.34 (1) (b) "High capacity well" means a well , except for a residential well
7or fire protection well,
that, together with all other wells on the same property, except
8for residential wells and fire protection wells,
has a capacity of more than 100,000
9gallons per day.
SB243,4 10Section 4. 281.34 (1) (em) of the statutes is created to read:
SB243,2,1311 281.34 (1) (em) "Residential well" means a well used primarily to provide water
12to a single-family or multifamily residence that is located on the same property as
13the well.
SB243,5 14Section 5. 281.344 (4s) (dm) of the statutes is amended to read:
SB243,3,315 281.344 (4s) (dm) Requiring individual permit. The department may require
16a person who is making or proposes to make a withdrawal that averages 100,000
17gallons per day or more in any 30-day period, but that does not equal at least
181,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit

1under sub. (5) if the withdrawal is located in a groundwater protection area, as
2defined in s. 281.34 (1) (a) (am), or a groundwater management area designated
3under s. 281.34 (9).
SB243,6 4Section 6. 281.346 (4s) (dm) of the statutes is amended to read:
SB243,3,115 281.346 (4s) (dm) Requiring individual permit. The department may require
6a person who is making or proposes to make a withdrawal that averages 100,000
7gallons per day or more in any 30-day period, but that does not equal at least
81,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
9under sub. (5) if the withdrawal is located in a groundwater protection area, as
10defined in s. 281.34 (1) (a) (am), or a groundwater management area designated
11under s. 281.34 (9).
SB243,7 12Section 7. 281.346 (12) (a) of the statutes is amended to read:
SB243,3,1913 281.346 (12) (a) A Subject to par. (am), a person who has a water supply system
14with the capacity to make a withdrawal from the waters of the state averaging
15100,000 gallons per day or more in any 30-day period shall pay to the department
16an annual fee of $125, except that the department may promulgate a rule specifying
17a different amount and except that, notwithstanding the department's rule-making
18authority, no person is required to pay more than $1,000 per year under this
19paragraph.
SB243,8 20Section 8. 281.346 (12) (am) of the statutes is created to read:
SB243,3,2221 281.346 (12) (am) The following are not considered in determining the capacity
22of a water supply system for the purposes of par. (a):
SB243,3,2423 1. The capacity of a well used primarily to provide water to a single-family or
24multifamily residence on the same property as the well.
SB243,3,2525 2. The capacity of a well used primarily for fire protection purposes.
SB243,9
1Section 9. Effective date.
SB243,4,32 (1) This act takes effect on the first day of the 7th month beginning after
3publication.
SB243,4,44 (End)
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