281.34(4)(a)2.
2. A high capacity well with a water loss of more than 95 percent of the amount of water withdrawn.
281.34(4)(a)3.
3. A high capacity well that may have a significant environmental impact on a spring.
281.34(4)(b)
(b) If, under
sub. (5) (b),
(c), or
(d), the department requests an environmental impact report under
s. 23.11 (5) for a proposed high capacity well, the department may only request information in that report that relates to the decisions that the department makes under this section related to the proposed high capacity well.
281.34(5)
(5) Standards and conditions for approval. 281.34(5)(a)(a)
Public water supply. If the department determines that a proposed high capacity well may impair the water supply of a public utility engaged in furnishing water to or for the public, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that will ensure that the water supply of the public utility will not be impaired.
281.34(5)(b)1.1. Except as provided in
subd. 2., if the department determines, under the environmental review process in
sub. (4), that an environmental impact report under
s. 23.11 (5) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.
281.34(5)(b)2.
2. Subdivision 1. does not apply to a proposed high capacity well that is located in a groundwater protection area and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.
281.34(5)(c)
(c)
High water loss. If the department determines, under the environmental review process in
sub. (4), that an environmental impact report under
s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.
281.34(5)(d)1.1. Except as provided in
subd. 2., if the department determines, under the environmental review process in
sub. (4), that an environmental impact report under
s. 23.11 (5) must be prepared for a proposed high capacity well that may have a significant environmental impact on a spring, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.
281.34(5)(d)2.
2. Subdivision 1. does not apply to a proposed high capacity well that may have a significant environmental impact on a spring and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.
281.34(5)(dm)
(dm)
Water supply service area plan. If a proposed high capacity well is covered by an approved water supply service area plan under
s. 281.348, the department may not approve the high capacity well unless it is consistent with that plan.
281.34(5)(e)1.1. If
s. 281.35 (4) applies to a proposed high capacity well, the department shall include in the approval conditions that ensure that the high capacity well complies with
s. 281.35 (4) to
(6).
281.34(5)(e)2.
2. The department shall include in the approval for each high capacity well requirements that the owner identify the location of the high capacity well and submit an annual pumping report.
281.34(6)
(6) Preexisting high capacity wells. 281.34(6)(a)(a) The owner of a high capacity well for which the department issued an approval under s.
281.17 (1), 2001 stats., shall provide to the department information concerning the location of the well and an annual pumping report.
281.34(6)(b)
(b) The department shall promulgate rules specifying the date and method by which owners of high capacity wells shall comply with
par. (a).
281.34(7)
(7) Modifying and rescinding approvals for high capacity wells. The approval of a high capacity well issued under this section or under s.
281.17 (1), 2001 stats., remains in effect unless the department modifies or rescinds the approval because the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to the approval of the high capacity well.
281.34(8)(a)(a) The department shall promulgate rules identifying class I, class II, and class III trout streams for the purposes of this section. The department shall identify as a class I trout stream a stream or portion of a stream with a self-sustaining population of trout. The department shall identify as a class II trout stream a stream or portion of a stream that contains a population of trout made up of one or more age groups, above the age one year, in sufficient numbers to indicate substantial survival from one year to the next but in which stocking is necessary to fully utilize the available trout habitat or to sustain the fishery. The department shall identify as a class III trout stream a stream or portion of a stream that has marginal trout habitat with no natural reproduction of trout occurring, requiring annual stocking of trout to provide trout fishing, and generally without carryover of trout from one year to the next. In the rules under this paragraph, the department shall identify any class I, class II, or class III trout stream that is a farm drainage ditch with no prior stream history.
281.34(8)(b)
(b) The department shall create accurate images of groundwater protection areas.
281.34(8)(c)
(c) A person who proposes to construct a high capacity well may request the department to determine whether the proposed location of the high capacity well is within a groundwater protection area.
281.34(8)(d)
(d) The department shall administer a program to mitigate the effects of wells constructed before May 7, 2004, that are located in groundwater protection areas. Mitigation may include abandonment of wells and replacement of wells, if necessary, and management strategies. Under the mitigation program, the department may order the owner of a well constructed before May 7, 2004, that is located in a groundwater protection area to undertake mitigation but only if the department provides funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under
ch. 280 to require the well to be abandoned because of issues regarding public health.
281.34(9)(a)(a) The department shall, by rule, designate 2 groundwater management areas including and surrounding Brown County and Waukesha County consisting of the entire area of each city, village, and town at least a portion of which is within the area in which, on May 7, 2004, the groundwater potentiometric surface has been reduced 150 feet or more from the level at which the potentiometric surface would be if no groundwater had been pumped.
281.34(9)(b)
(b) The department shall assist local governmental units and regional planning commissions in groundwater management areas designated under
par. (a) by providing advice, incentives, and funding for research and planning related to groundwater management.
281.34(9)(d)
(d) If the department promulgates rules under
par. (c) and the rules require mitigation in the same or a similar manner as under
sub. (8) (d), the department may not require mitigation for a well under the rules unless the department provides funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under
ch. 280 to require the well to be abandoned because of issues regarding public health.
281.34(10)
(10) Research and monitoring. To aid in the administration of this section the department shall, with the advice of the groundwater coordinating council, conduct monitoring and research related to all of the following:
281.34 Cross-reference
Cross-reference: See also ch.
NR 820, Wis. adm. code.
281.34 Annotation
Sections 281.11 and 281.12 expressly delegate regulatory authority to the DNR necessary to fulfill its mandatory duty to protect, maintain, and improve the quality and management of the waters of the state, ground and surface, public and private. That ss. 281.11 and 281.12 do not mention wells in particular does not mean that the statutes do not grant the DNR the authority to control or regulate wells by considering environmental factors relevant to protecting, maintaining, and improving waters of the state. Lake Beulah Management District v. DNR, 2010 WI App 85, ___ Wis. 2d___, ___ N.W.2d ___,
08-3170.
281.34 Annotation
The legislature's mandate that the DNR complete a formal environmental review for only certain wells under ss. 281.34 and 281.35 does not prohibit or rescind the DNR's authority to review other wells under ss. 281.11 and 281.12. However, there is no requirement mandating the DNR to do a full examination of every well to see if the public trust doctrine is affected. It is for the DNR to determine the type and quantum of evidence that it deems enough to investigate, but scientific evidence suggesting an adverse affect to waters of the state should be enough to warrant further, independent investigation. Lake Beulah Management District v. DNR, 2010 WI App 85, ___ Wis. 2d___, ___ N.W.2d ___,
08-3170.
281.343
281.343
Great Lakes — St. Lawrence River Basin Water Resources Compact. 281.343(1)
(1)
Legislative determination. The legislature determines that it is in the interests of this state to ratify the Great Lakes — St. Lawrence River Basin Water Resources Compact. Nothing in this section may be interpreted to change the application of the public trust doctrine under
article IX, section 1, of the Wisconsin Constitution or to create any new public trust rights.
281.343(1b)
(1b) Ratification. The Great Lakes — St. Lawrence River Basin Water Resources Compact, contained in
subs. (1e) to
(9), is ratified and approved, as implemented and interpreted in
ss. 14.95,
281.346, and
281.348.
281.343(1e)
(1e) Definitions. In this section, except as otherwise required by the context:
281.343(1e)(a)
(a) "Adaptive management" means a water resources management system that provides a systematic process for evaluation, monitoring, and learning from the outcomes of operational programs and adjustment of policies, plans, and programs based on experience and the evolution of scientific knowledge concerning water resources and water dependent natural resources.
281.343(1e)(am)
(am) "Agreement" means the Great Lakes — St. Lawrence River Basin Sustainable Water Resources Agreement.
281.343(1e)(b)
(b) "Applicant" means a person who is required to submit a proposal that is subject to management and regulation under this compact. "Application" has a corresponding meaning.
281.343(1e)(c)
(c) "Basin" or "Great Lakes — St. Lawrence River Basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec within the jurisdiction of the parties.
281.343(1e)(cm)
(cm) "Basin ecosystem" or "Great Lakes — St. Lawrence River Basin ecosystem" means the interacting components of air, land, water, and living organisms, including humankind, within the basin.
281.343(1e)(d)
(d) "Community within a straddling county" means any incorporated city, town, or the equivalent thereof, that is located outside the basin but wholly within a county that lies partly within the basin and that is not a straddling community.
281.343(1e)(e)
(e) "Consumptive use" means that portion of the water withdrawn or withheld from the basin that is lost or otherwise not returned to the basin due to evaporation, incorporation into products, or other processes.
281.343(1e)(em)
(em) "Council" means the Great Lakes — St. Lawrence River Basin Water Resources Council, created by this compact.
281.343(1e)(f)
(f) "Council review" means the collective review by the council members as described in
subs. (4) to
(4z).
281.343(1e)(fm)
(fm) "County" means the largest territorial division for local government in a state. The county boundaries shall be defined as those boundaries that exist as of December 13, 2005.
281.343(1e)(g)
(g) "Cumulative impacts" means the impact on the basin ecosystem that results from incremental effects of all aspects of a withdrawal, diversion, or consumptive use in addition to other past, present, and reasonably foreseeable future withdrawals, diversions, and consumptive uses regardless of who undertakes the other withdrawals, diversions, and consumptive uses. Cumulative impacts can result from individually minor but collectively significant withdrawals, diversions, and consumptive uses taking place over a period of time.
281.343(1e)(gm)
(gm) "Decision-making standard" means the decision-making standard established by
sub. (4r) for proposals subject to management and regulation in
sub. (4p).
281.343(1e)(h)
(h) "Diversion" means a transfer of water from the basin into another watershed, or from the watershed of one of the Great Lakes into that of another by any means of transfer, including but not limited to a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, a tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the basin or watershed. "Divert" has a corresponding meaning.
281.343(1e)(i)
(i) "Environmentally sound and economically feasible water conservation measures" mean those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that are environmentally sound, reflect best practices applicable to the water use sector, are technically feasible and available, are economically feasible and cost-effective based on an analysis that considers direct and avoided economic and environmental costs, and consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts, and other appropriate factors.
281.343(1e)(im)
(im) "Exception" means a transfer of water that is excepted under
sub. (4n) from the prohibition against diversions in
sub. (4m).
281.343(1e)(jm)
(jm) "Intrabasin transfer" means the transfer of water from the watershed of one of the Great Lakes into the watershed of another Great Lake.
281.343(1e)(k)
(k) "Measures" means any legislation, law, regulation, directive, requirement, guideline, program, policy, administrative practice, or other procedure.
281.343(1e)(km)
(km) "New or increased diversion" means a new diversion, an increase in an existing diversion, or the alteration of an existing withdrawal so that it becomes a diversion.
281.343(1e)(L)
(L) "New or increased withdrawal or consumptive use" means a new withdrawal or consumptive use or an increase in an existing withdrawal or consumptive use.
281.343(1e)(Lm)
(Lm) "Originating party" means the party within whose jurisdiction an application or registration is made or required.
281.343(1e)(n)
(n) "Party" means a state that is a party to this compact.
281.343(1e)(nm)
(nm) "Person" means a human being or a legal person, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with, nor under the direction of a government.
281.343(1e)(o)1.1. "Product" means something produced in the basin by human or mechanical effort or through agricultural processes and used in manufacturing, commercial, or other processes or intended for intermediate or end use consumers.
281.343(1e)(o)2.
2. Water used as part of the packaging of a product shall be considered to be part of the product.
281.343(1e)(o)3.
3. Other than water used as part of the packaging of a product, water that is used primarily to transport materials in or out of the basin is not a product or part of a product.
281.343(1e)(o)4.
4. Except as provided in
subd. 2., water that is transferred as part of a public or private supply is not a product or part of a product.
281.343(1e)(o)5.
5. Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or water basins is not a product.
281.343(1e)(om)
(om) "Proposal" means a withdrawal, diversion, or consumptive use of water that is subject to this compact.
281.343(1e)(pm)
(pm) "Public water supply purposes" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities serving a group of largely residential customers that may also serve industrial, commercial, and other institutional operators. Water withdrawn directly from the basin and not through such a system shall not be considered to be used for public water supply purposes.
281.343(1e)(q)
(q) "Regional body" means the members of the council and the premiers of Ontario and Quebec or their designee as established by the agreement.
281.343(1e)(qm)
(qm) "Regional review" means the collective review by the regional body as described in
sub. (4h).
281.343(1e)(r)
(r) "Source watershed" means the watershed from which a withdrawal originates. If water is withdrawn directly from a Great Lake or from the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If water is withdrawn from the watershed of a stream that is a direct tributary to a Great Lake or a direct tributary to the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively, with a preference to the direct tributary stream watershed from which it was withdrawn.
281.343(1e)(rm)
(rm) "Standard of review and decision" means the exception standard, decision-making standard, and reviews as outlined in
subs. (4) to
(4z).
281.343(1e)(s)
(s) "State" means one of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, or Wisconsin or the Commonwealth of Pennsylvania.
281.343(1e)(t)
(t) "Straddling community" means any incorporated city, town, or the equivalent thereof, wholly within any county that lies partly or completely within the basin, whose corporate boundary existing as of the effective date of this compact is partly within the basin or partly within 2 Great Lakes watersheds.
281.343(1e)(u)
(u) "Technical review" means a detailed review conducted to determine whether or not a proposal that requires regional review under this compact meets the standard of review and decision following procedures and guidelines as set out in this compact.
281.343(1e)(v)
(v) "Water" means groundwater or surface water contained within the basin.
281.343(1e)(w)
(w) "Water dependent natural resources" means the interacting components of land, water, and living organisms affected by the waters of the basin.
281.343(1e)(x)
(x) "Waters of the basin" or "basin water" means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the basin.
281.343(1e)(y)
(y) "Withdrawal" means the taking of water from surface water or groundwater. "Withdraw" has a corresponding meaning.
281.343(1m)
(1m) Findings and purposes. The legislative bodies of the respective parties hereby find and declare:
281.343(1m)(a)1.
1. The waters of the basin are precious public natural resources shared and held in trust by the states;
