AB926: Bill Text

AB926,12,13 (c) Strategies for managing water.

AB926, s. 8 Section 8. 281.35 (1) (a) of the statutes is amended to read:

AB926,12,16 281.35 (1) (a) "Approval" means a permit issued under s. 30.18 or an approval under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.

AB926, s. 9 Section 9. 281.35 (1) (b) 2. of the statutes is amended to read:

AB926,12,21 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 30.18 (6) (c), 196.98, 281.17 (1) 281.34, or 281.41 or s. 281.17 (1), 2001 stats.

AB926, s. 10 Section 10. 281.35 (4) (a) 2. of the statutes is amended to read:

AB926,12,25 281.35 (4) (a) 2. A person who is operating a well under an approval issued under s. 281.17 (1) or who is required to obtain an approval under that paragraph before constructing or installing a well, 2001 stats.

AB926, s. 11 Section 11. 281.35 (4) (a) 2m. of the statutes is created to read:

AB926,13,4 281.35 (4) (a) 2m. A person who is operating a well under an approval issued under s. 281.34 or who is required to obtain an approval under that section before constructing a well.

AB926, s. 12 Section 12. 281.35 (4) (b) (intro.) of the statutes is amended to read:

AB926,13,9 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.17 (1) 281.34, or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

AB926, s. 13 Section 13. 293.65 (3) of the statutes is amended to read:

AB926,13,16 293.65 (3) Withdrawal of groundwater; dewatering; permit requirements. (a) An approval under s. 281.17 (1) 281.34 is required to withdraw groundwater or to dewater mines if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge pollutants resulting from the dewatering of mines.

AB926,13,23 (b) The department may not issue an approval under s. 281.17 (1) 281.34 if the withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. No withdrawal of groundwater or dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.

AB926, s. 14 Section 14. 299.05 (2) (b) of the statutes is amended to read:

AB926,13,25 299.05 (2) (b) Approvals under s. 281.17 (1) 281.34.

AB926, s. 15 Section 15 . Nonstatutory provisions.

AB926,14,5 (1) Position authorizations. The authorized FTE positions for the department of natural resources are increased by 5.0 PR positions on July 1, 2004, to be funded from the appropriation under section 20.370 (4) (cg) of the statutes, as created by this act, for groundwater quantity management.

AB926,14,6 (2) Groundwater quantity committee.

AB926,14,7 (a) In this subsection:

AB926,14,9 1. "Groundwater protection area" has the meaning given in section 281.34 (1) (a) of the statutes, as created by this act.

AB926,14,11 2. "High capacity well" has the meaning given in section 281.34 (1) (b) of the statutes, as created by this act.

AB926,14,13 3. "Local governmental unit" has the meaning given in section 281.34 (1) (c) of the statutes, as created by this act.

AB926,14,15 4. "Spring" has the meaning given in section 281.34 (1) (f) of the statutes, as created by this act.

AB926,14,17 5. "Water loss" has the meaning given in section 281.34 (1) (g) of the statutes, as created by this act.

AB926,14,19 (b) There is created a groundwater quantity committee consisting of the following members:

AB926,14,20 1. Four persons appointed by the governor.

AB926,14,21 2. Four persons appointed by the speaker of the assembly.

AB926,14,22 3. Four persons appointed by the majority leader of the senate.

AB926,14,23 4. The secretary of natural resources or the secretary's designee.

AB926,14,25 (c) Each appointing authority under paragraph (b) 1. to 3 . shall appoint one member representing each of the following interests:

AB926,15,1 1. Industrial.

AB926,15,2 2. Agricultural.

AB926,15,3 3. Environmental.

AB926,15,4 4. Municipal.

AB926,15,6 (d) The speaker of the assembly and the majority leader of the senate shall each designate one appointee as cochairperson of the groundwater quantity committee.

AB926,15,11 (e) No later than December 31, 2006, the groundwater quantity committee shall report to the standing committees of the legislature with jurisdiction over environmental matters, in the manner provided in section 13.172 (3) of the statutes, recommendations for legislation to address the management of groundwater in the following areas, and administrative rules to implement the legislation:

AB926,15,13 1. Groundwater management areas, as designated under section 281.34 (9) (a) of the statutes, as created by this act.

AB926,15,19 2. Other areas of the state in which the withdrawal of groundwater over the long term adversely affects the availability of water for use or adversely affects water quality due to the effects of drawdown of the groundwater and in which there is a need for a coordinated response among the state, local governmental units, regional planning commissions, and public and private users of groundwater to address the effects on groundwater availability or quality.

AB926,15,25 (f) The groundwater quantity committee shall recommend under paragraph (e ) a coordinated strategy for addressing groundwater management issues by affected local governmental units and regional planning commissions with the assistance of the department of natural resources and other state agencies. The committee shall consult with affected local governmental units in the preparation of the recommendations under paragraph (e ).

AB926,16,12 (g) The groundwater quantity committee shall review the implementation of section 281.34 of the statutes, as created by this act. No later than December 31, 2007, the groundwater quantity committee shall report to the standing committees of the legislature with jurisdiction over environmental matters, in the manner provided in section 13.172 (3) of the statutes, the results of this review and the committee's recommendations for changes in the regulation of high capacity wells that are in groundwater protection areas, that have a water loss of 95 percent or more, or that have a significant environmental impact on a spring. The committee shall include in the report recommendations for statutory authorization for groundwater management strategies that permit adaptation of the regulation of high capacity wells as relevant information becomes available or groundwater conditions change.

AB926,16,14 (h) The department of natural resources shall staff and provide funding for the groundwater quantity committee.

AB926,16,15 (i) The groundwater quantity committee terminates on December 31, 2007.

AB926,17,2 (3) Identification of groundwater protection areas. Notwithstanding section 281.34 (1) (a) 3. of the statutes, as created by this act, until the effective date of the rules promulgated under section 281.34 (8) (a) of the statutes, as created by this act, or the first day of the 19th month beginning after the effective date of this subsection, whichever is later, the department shall identify which streams are class I and class II trout streams, other than class I or class II trout streams that are farm drainage ditches with no prior stream history, for the purpose of identifying groundwater protection areas using sections NR 102.10 and 102.11, Wisconsin Administrative Code, the version of the department's publication Wisconsin Trout Streams published most recently before the effective date of this subsection, and the information available to the department concerning farm drainage ditches.

AB926, s. 16 Section 16. Initial applicability.

AB926,17,7 (1) High capacity wells. The treatment of sections 281.17 (1) and 281.34 (2) of the statutes first applies to an application for approval of a high capacity well that is received by the department of natural resources on the day after the effective date of this subsection.

AB926,17,8 (End)