AB514: Bill Text

AB514, s. 114 Section 114. 30.134 of the statutes is renumbered 30.85.

AB514, s. 115 Section 115. 30.135 (1) (title) of the statutes is repealed and recreated to read:

AB514,37,17 30.135 (1) (title) Placement allowed without permit under certain circumstances.

AB514, s. 116 Section 116. 30.135 (1) (a) (intro.) and 2. of the statutes are amended to read:

AB514,37,21 30.135 (1) (a) A riparian proprietor owner may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

AB514,37,23 2. The platform or jump does not interfere with rights of other riparian proprietors owners.

AB514, s. 117 Section 117. 30.135 (2) (a) and (4) of the statutes are amended to read:

AB514,38,12 30.135 (2) (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located to each representative of a local governmental unit required to receive notice under s. 30.04 (3), and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area to be affected by the permit. The applicant shall file proof of publication under this paragraph with the department.

AB514,38,15 (4) Exemption. Section 30.02 does The procedures under ss. 30.244, 30.245, and 30.246 do not apply to a permit applications submitted application under this section.

AB514, s. 118 Section 118. 30.14 (title) of the statutes is repealed.

AB514, s. 119 Section 119. 30.14 (1) (title) of the statutes is repealed.

AB514, s. 120 Section 120. 30.14 (1) of the statutes is renumbered 30.327.

AB514, s. 121 Section 121. 30.14 (2) of the statutes is renumbered 30.247 and amended to read:

AB514,39,3 30.247 Hearings by department. Upon complaint by any person to the department that any wharf, pier, or other structure exists in navigable water in violation of s. 30.12 or, 30.13, or 30.207 30.223 or that any wharf, pier, or other structure proposed to be built in navigable water will violate s. 30.12 or, 30.13, or 30.207 30.223, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.

AB514, s. 122 Section 122. 30.15 (title) of the statutes is repealed.

AB514, s. 123 Section 123. 30.15 (1) (title) of the statutes is renumbered 30.98 (1) (title) and amended to read:

AB514,39,7 30.98 (1) (title) Obstructions penalized.

AB514, s. 124 Section 124. 30.15 (1) (intro.) of the statutes is renumbered 30.98 (1) (intro.).

AB514, s. 125 Section 125. 30.15 (1) (a), (b) and (c) of the statutes are renumbered 30.98 (1) (a), (b) and (c) and amended to read:

AB514,39,12 30.98 (1) (a) Unlawfully obstructs any navigable waters water and thereby impairs the free navigation thereof of the navigable water.

AB514,39,15 (b) Unlawfully places in any navigable waters or in any tributary thereof water any substance that may float into and obstruct any such waters navigable water or that may impede their free navigation of any navigable water.

AB514,39,18 (c) Constructs or maintains in any navigable waters, water any boom not authorized by law or aids in the construction or maintenance therein, of any such boom not authorized by law.

AB514, s. 126 Section 126. 30.15 (1) (d) of the statutes is renumbered 30.381 (4) (a) and amended to read:

AB514,39,25 30.381 (4) (a) Constructs Except as provided in par. (b), any person who constructs or places any structure or deposits any material in navigable waters in violation of s. 30.12 or 30.13 shall forfeit not less than $100 nor more than $500 for each offense. Each day during which a structure or deposit of material exists in violation of s. 30.12 is a separate offense under this paragraph.

AB514, s. 127 Section 127. 30.15 (3) (title) of the statutes is repealed.

AB514, s. 128 Section 128. 30.15 (3) of the statutes is renumbered 30.98 (2).

AB514, s. 129 Section 129. 30.16 of the statutes is renumbered 30.95.

AB514, s. 130 Section 130. 30.18 (1) (intro.) of the statutes is created to read:

AB514,40,5 30.18 (1) Definitions. (intro.) In this section:

AB514, s. 131 Section 131. 30.18 (1) (b) of the statutes is created to read:

AB514,40,9 30.18 (1) (b) "Major diversion" means a diversion that will result in a water loss averaging, in any 30-day period, at least 2,000,000 gallons per day above a permittee's authorized base level of water loss.

AB514, s. 132 Section 132. 30.18 (2) (a) (intro.) of the statutes is amended to read:

AB514,40,14 30.18 (2) (a) Streams Diversions from streams. (intro.) No Unless a permit has been issued under this section, no person may divert water from a stream in this state without a permit under this section if the diversion meets either of the following conditions if any of the following applies:

AB514, s. 133 Section 133. 30.18 (2) (b) of the statutes is amended to read:

AB514,40,22 30.18 (2) (b) Streams or Major diversions from streams or lakes. No Unless a permit has been issued under this section, no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without a permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss is a major diversion. This paragraph does not apply to a person who is required to obtain an approval under s. 281.41.

AB514, s. 134 Section 134. 30.18 (3) (title) and (a) (title), 1. and 2. of the statutes are repealed.

AB514, s. 135 Section 135. 30.18 (3) (a) 3. of the statutes is renumbered 30.18 (3m) (a) and amended to read:

AB514,41,5 30.18 (3m) (a) For a diversion under sub. (2) (a) 2., the application shall include written Written statements of consent to the diversion from all riparian owners who are making beneficial use of the water proposed to be diverted.

AB514, s. 136 Section 136. 30.18 (3) (a) 4. of the statutes is repealed.

AB514, s. 137 Section 137. 30.18 (3) (b) of the statutes is repealed.

AB514, s. 138 Section 138. 30.18 (3m) (intro.) of the statutes is created to read:

AB514,41,11 30.18 (3m) Applications for permits; specific requirements. (intro.) An application for a permit under this section to divert water from a stream for the purpose of agriculture or irrigation shall include all of the following:

AB514, s. 139 Section 139. 30.18 (3m) (b) of the statutes is created to read:

AB514,41,15 30.18 (3m) (b) Evidence of permission or authority to enter any land through which it is proposed to divert the water for the purpose of obtaining information required for drafting the plans for the project.

AB514, s. 140 Section 140. 30.18 (4) (title) of the statutes is repealed and recreated to read:

AB514,41,17 30.18 (4) (title) Action by department.

AB514, s. 141 Section 141. 30.18 (4) (a) of the statutes is renumbered 30.18 (4) (a) (intro.) and amended to read:

AB514,42,2 30.18 (4) (a) (intro.) Upon receipt of a complete application for a permit under this section, the department shall follow the notice and hearing procedures under s. 30.02 (3) and (4) either deny the application as provided in s. 30.246 (1) or shall give notice of receipt of the application for the permit as provided in s. 30.244. In addition to the notice requirements under s. 30.02 (3) and (4) 30.246 (2), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the all of the following:

AB514,42,4 2. The clerk of the next town municipality that is the next municipality downstream, to the from the point of the proposed diversion.

AB514,42,7 3. The clerk of any village or city each municipality in which the lake or stream from which water is proposed to be diverted is located and which is adjacent to any municipality in which the diversion will take place and to each.

AB514,42,8 4. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB514, s. 142 Section 142. 30.18 (4) (a) 1. of the statutes is created to read:

AB514,42,10 30.18 (4) (a) 1. Each owner of land over which water is proposed to be diverted.

AB514, s. 143 Section 143. 30.18 (4) (b) of the statutes is amended to read:

AB514,42,15 30.18 (4) (b) If a hearing on the application for a permit under this section is conducted as a part of a hearing under s. 293.43, the notice and hearing provisions in that section supersede the notice, mediation, and hearing provisions of par. (a) under ss. 30.244 and 30.246.

AB514, s. 144 Section 144. 30.18 (5) (title) of the statutes is repealed and recreated to read:

AB514,42,17 30.18 (5) (title) Issuance of permits.

AB514, s. 145 Section 145. 30.18 (5) (a) (intro.) of the statutes is amended to read:

AB514,42,21 30.18 (5) (a) Streams Diversions from streams. (intro.) The department shall approve an application for issue a permit required under sub. (2) (a) if the department determines both that all of the following conditions apply:

AB514, s. 146 Section 146. 30.18 (5) (a) 1. of the statutes is amended to read:

AB514,42,24 30.18 (5) (a) 1. That the The proposed diversion will not injure any public rights in navigable waters be detrimental to the public interest.

AB514, s. 147 Section 147. 30.18 (5) (a) 1m. of the statutes is created to read:

AB514,43,1 30.18 (5) (a) 1m. The proposed diversion is for use on riparian land.

AB514, s. 148 Section 148. 30.18 (5) (a) 2. of the statutes is amended to read:

AB514,43,6 30.18 (5) (a) 2. That the Either the water to be diverted is surplus water, or if it is not surplus water, that all riparians not being beneficially used or all riparian owners who may be adversely affected by the diversion have consented to the proposed diversion.

AB514, s. 149 Section 149. 30.18 (5) (b) of the statutes is amended to read:

AB514,43,13 30.18 (5) (b) Streams Major diversions from streams or lakes. The department shall approve an application for issue a permit required under sub. (2) (b) for a major diversion if the grounds for approval specified under s. 281.35 (5) (d) are met and, if the. If a permit is also required under sub. (2) (a), if the department makes the determinations specified under par. (a) shall issue a permit under this paragraph only if the conditions for a permit under par. (a) apply to the major diversion.

AB514, s. 150 Section 150. 30.18 (6) (title) of the statutes is amended to read:

AB514,43,15 30.18 (6) (title) Permits; use of water Permit conditions; reporting; review.

AB514, s. 151 Section 151. 30.18 (6) (a) of the statutes is amended to read:

AB514,43,21 30.18 (6) (a) Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted and the times during which water may be diverted. In addition, if the permit is one which is required under sub. (2) (b) for a major diversion, the permit shall comply with s. 281.35 (6).

AB514, s. 152 Section 152. 30.18 (6) (b) of the statutes is renumbered 30.18 (6) (dm) and amended to read:

AB514,44,4 30.18 (6) (dm) Use of water. A person who is issued a permit for the purpose of irrigation or agriculture may use the water on any land contiguous to the permittee's riparian land, but may not withdraw more water than it did the permittee withdrew before August 1, 1957, without applying to the department for a modification of the permit unless the department approves the additional amount to be withdrawn by modifying the permittee's permit.

AB514, s. 153 Section 153. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and amended to read:

AB514,44,11 30.18 (6) (bm) Reporting required. The department shall require each permittee A person who is issued a permit under this section to report its shall report to the department the volume and rate of withdrawal and its volume and rate of water loss, if any,. The report shall be in the form and at the times specified by the department.

AB514, s. 154 Section 154. 30.18 (6) (cm) 3. of the statutes is created to read:

AB514,44,14 30.18 (6) (cm) 3. A permit issued under this section before August 1, 1957, is exempt from the review requirements under subds. 1. and 2.

AB514, s. 155 Section 155. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm) (title).

AB514, s. 156 Section 156. 30.18 (6) (d) of the statutes is renumbered 30.18 (6) (cm) 1. and amended to read:

AB514,44,22 30.18 (6) (cm) 1. If the permit is one that is required under sub. (2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957, Except as provided in subds. 2. and 3. the department shall review the permit at least once every 5 years.

AB514,44,24 2. If the permit is one that is required under sub. (2) (b) for a major diversion, the department shall review the permit as required under s. 281.35 (6) (b).

AB514, s. 157 Section 157. 30.18 (6m) (title) of the statutes is repealed and recreated to read:

AB514,45,1 30.18 (6m) (title) Rescission.

AB514, s. 158 Section 158. 30.18 (6m) (a) (intro.) of the statutes is amended to read:

AB514,45,6 30.18 (6m) (a) Streams; mandatory rescission. (intro.) The department shall revoke rescind a permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that any of the following applies:

AB514, s. 159 Section 159. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

AB514,45,11 30.18 (6m) (a) 1. That the The water being diverted is no longer surplus water, except that the department may allow the diversion to continue if all riparians has become water that is being beneficially used, unless all riparian owners adversely affected by the diversion continue to consent to it.

AB514,45,13 2. If the diversion is from a stream designated by the department as a trout stream, that the revocation the rescission is desirable for conservation purposes.

AB514, s. 160 Section 160. 30.18 (6m) (b) of the statutes is amended to read: