RCT:wlj:pg
2003 - 2004 LEGISLATURE
March 4, 2004 - Introduced by
Committee on Natural Resources. Referred to
Committee on Natural Resources.
AB926,1,6
1An Act to repeal 281.17 (1);
to amend 23.11 (5), 281.35 (1) (a), 281.35 (1) (b) 2.,
2281.35 (4) (a) 2., 281.35 (4) (b) (intro.), 293.65 (3) and 299.05 (2) (b); and
to
3create 20.370 (4) (cg), 20.370 (4) (ch), 20.370 (6) (eg), 281.34 and 281.35 (4) (a)
42m. of the statutes;
relating to: regulation of high capacity wells, notification
5of well construction, groundwater quantity management, granting
6rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
High capacity wells generally
Current law prohibits a person from constructing or operating one or more wells
on one property that have the capacity to withdraw a total of more than 100,000
gallons of water a day (high capacity well) without the approval of the Department
of Natural Resources (DNR). DNR must disapprove a high capacity well or impose
conditions relating to location, depth, pumping capacity, rate of flow, and ultimate
use to ensure that the water supply of a public water utility will not be impaired by
the well. The law also generally requires DNR to provide in its approval for a high
capacity well that a person may not use water withdrawn from the well to produce
bottled drinking water unless DNR approves the use of the well for that purpose.
Additional standards apply only to wells that result in a water loss averaging more
than 2,000,000 gallons per day in any 30-day period. Water loss is the loss of water
from a water basin because the water is being diverted into a different basin, is being
incorporated into a product, or for some other reason is not being returned to the
original water basin.
This bill modifies the law relating to approvals of certain high capacity wells,
although it retains the requirement that DNR ensure that a high capacity well does
not impair the water supply of a public water utility. The bill also does not change
the standards that apply under current law to wells that result in a water loss
averaging more than 2,000,000 gallons per day in any 30-day period. The bill
eliminates the requirement that DNR provide in its approval for a high capacity well
that a person may not use water withdrawn from the well to produce bottled drinking
water unless DNR approves the use of the well for that purpose.
Environmental review
Current law requires state agencies to prepare environmental impact
statements for major actions significantly affecting the environment. DNR, like
other agencies, has promulgated rules specifying the processes it will use to review
the actions that it takes, such as considering applications for various approvals, to
determine when it must prepare environmental impact statements. Current law
authorizes DNR to require an applicant for a permit or other approval to submit an
environmental impact report if the area affected exceeds 40 acres or the estimated
cost of the project exceeds $25,000.
The bill requires DNR to use the environmental review process in its rules that
is applicable to an action that has the potential to cause significant environmental
effects or to an action that normally does not have the potential to cause significant
environmental effects when it reviews an application for a high capacity well that is
located in a groundwater protection area, that has a water loss of 95 percent of the
amount of water withdrawn, or that may have a significant environmental impact
on a spring. The bill also authorizes DNR to require an applicant for approval of a
high capacity well to submit an environmental impact report.
High capacity wells in groundwater protection areas
Under the bill, a groundwater protection area is an area within 1,200 feet of a
body of water identified by DNR as being an outstanding or exceptional resource
water, other than a trout stream, or within 1,200 feet of a stream identified by DNR
as being a class I or class II trout stream, other than a trout stream that is a farm
drainage ditch with no prior stream history. Examples of outstanding or exceptional
resource waters include wild and scenic rivers.
Under the bill, if DNR determines that an environmental impact report must
be prepared for a proposed high capacity well located in a groundwater protection
area, DNR generally may not approve the high capacity well unless it includes in the
approval conditions that ensure that the well does not cause significant
environmental impact. The bill makes an exception from this restriction for a high
capacity well that is a water supply for a public water utility if DNR determines that
there is no other reasonable alternative location for a well and DNR includes in the
approval conditions that ensure that the environmental impact of the well is
balanced by the public benefit of the well related to public health and safety.
High capacity wells with high water loss
Under the bill, if DNR determines that an environmental impact report must
be prepared for a proposed high capacity well with a water loss of more than 95
percent of the amount of water withdrawn, DNR may not approve the high capacity
well unless it includes in the approval conditions that ensure that the well does not
cause significant environmental impact.
High capacity wells that may affect a spring
Under the bill, if DNR determines that an environmental impact report must
be prepared for a proposed high capacity well that may have a significant
environmental impact on a spring, DNR generally may not approve the high capacity
well unless it includes in the approval conditions that ensure that the well does not
cause significant environmental impact. The bill makes an exception from this
restriction for a high capacity well that is a water supply for a public water utility
if DNR determines that there is no other reasonable alternative location for a well
and DNR includes in the approval conditions that ensure that the environmental
impact of the well is balanced by the public benefit of the well related to public health
and safety.
Modifying and rescinding approvals
The bill authorizes DNR to modify or rescind the approval for a high capacity
well, whether issued before or after this bill takes effect, if the high capacity well or
the use of the high capacity well does not conform to the standards and conditions
applicable to the approval of the well.
Mitigation in groundwater protection areas
The bill requires DNR to administer a program to mitigate the effects of wells
constructed in groundwater protection areas before this bill takes effect. Mitigation
may include abandonment of wells, replacement of wells at different locations, and
management strategies. Under the program, DNR may order the owner of a well to
undertake mitigation but only if DNR provides funding for the full cost of the
mitigation.
Groundwater management areas
The bill requires DNR to identify two groundwater management areas by rule.
One would be centered in Brown County and the other centered in Waukesha County.
DNR is to identify these groundwater areas by first determining the areas in which
the level of water in a well placed in the aquifer would be 150 feet lower than the level
would have been if no groundwater had been pumped from the aquifer. A
groundwater management area consists of the entire area of each city, village, and
town at least a portion of which is within the area with the lowered well water level.
The bill requires DNR to assist local governmental units in groundwater
management areas by providing advice, incentives, and funding for research and
planning related to groundwater management.
The bill creates a committee, called the Groundwater Quantity Committee,
consisting of members, appointed by the governor, the speaker of the assembly, and
the senate majority leader, representing industrial, agricultural, environmental,
and municipal interests and the secretary of natural resources or the secretary's
designee. The bill requires the Groundwater Quantity Committee to report to the
legislature, no later than December 31, 2006, recommendations for legislation to
address groundwater issues in groundwater management areas and other areas in
the state in which the withdrawal of groundwater adversely affects the availability
of groundwater for use or adversely affects water quality. If the Groundwater
Quantity Committee fails to issue the report on time, the bill requires DNR to
promulgate rules to address the management of groundwater in groundwater
management areas using authority that DNR has under current law.
The bill also requires the Groundwater Quantity Committee to review the
implementation of the provisions of this bill and to report to the legislature, no later
than December 31, 2007, the results of this review and recommendations for changes
in the regulation of high capacity wells.
Notification of well construction, fees
The bill requires a landowner to notify DNR of the location of a well that is not
a high capacity well before construction of the well begins. The bill requires a
landowner providing this notice to pay a fee of $50.
The bill requires a person applying for approval of a high capacity well to pay
a fee of $500.
Research and monitoring
The bill requires DNR to conduct research and monitoring related to the
interaction of groundwater and surface water, characterization of groundwater
resources, and strategies for managing water.
For further information see the state and local 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:
AB926, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB926, s. 2
1Section
2. 20.370 (4) (cg) of the statutes is created to read:
AB926,5,42
20.370
(4) (cg)
Groundwater quantity administration. From the general fund,
3from the moneys received under s. 281.34, the amounts in the schedule for the
4administration of the program under s. 281.34.
AB926, s. 3
5Section
3. 20.370 (4) (ch) of the statutes is created to read:
AB926,5,86
20.370
(4) (ch)
Groundwater quantity research. Biennially, from the general
7fund, from the moneys received under s. 281.34, the amounts in the schedule for
8groundwater research and monitoring under s. 281.34 (10).
AB926, s. 4
9Section
4. 20.370 (6) (eg) of the statutes is created to read:
AB926,5,1310
20.370
(6) (eg)
Groundwater mitigation and local assistance. All moneys
11received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation
12under s. 281.34 (8) (d) and funding to local governmental units under s. 281.34 (9)
13(b).
AB926, s. 5
14Section
5. 23.11 (5) of the statutes is amended to read:
AB926,5,1915
23.11
(5) The department may require an applicant for a permit or statutory
16approval which the department, by order, may grant, to submit an environmental
17impact report if the area affected exceeds 40 acres
or
, the estimated cost of the project
18exceeds $25,000
, or the applicant is requesting approval under s. 281.34 for a high
19capacity well.
AB926, s. 6
20Section
6. 281.17 (1) of the statutes is repealed.
AB926, s. 7
21Section
7. 281.34 of the statutes is created to read:
AB926,5,22
22281.34 Groundwater withdrawals. (1) Definitions. In this section:
AB926,5,2423
(a) "Groundwater protection area" means an area within 1,200 feet of any of
24the following:
AB926,6,2
11. An outstanding resource water identified under s. 281.15 that is not a trout
2stream.
AB926,6,43
2. An exceptional resource water identified under s. 281.15 that is not a trout
4stream.
AB926,6,75
3. A class I or class II trout stream, other than a class I or class II trout stream
6that is a farm drainage ditch with no prior stream history, as identified under sub.
7(8) (a).
AB926,6,108
(b) "High capacity well" means a well that, together with all other wells on the
9same property, has a capacity and rate of withdrawal of more than 100,000 gallons
10per day.
AB926,6,1511
(c) "Local governmental unit" means a city, village, town, county, town sanitary
12district, utility district under s. 66.0827 that provides water, public inland lake
13protection and rehabilitation district that has town sanitary district powers under
14s. 33.22 (3), joint local water authority created under s. 66.0823, or municipal water
15district under s. 198.22.
AB926,6,1716
(d) "Owner" means a person who owns property on which a well is located or
17proposed to be located or the designated representative of such a person.
AB926,6,2018
(e) "Potentiometric surface" means a measure of pressure of groundwater in an
19aquifer based on the level to which groundwater will rise in a well placed in the
20aquifer.
AB926,6,2321
(f) "Spring" means an area of concentrated groundwater discharge occurring
22at the surface of the land that results in a current of flowing water with flows of a
23minimum of one cubic foot per second at least 80 percent of the time.
AB926,6,2524
(g) "Water loss" means a loss of water from the basin from which it is withdrawn
25as a result of interbasin diversion or consumptive use or both.
AB926,7,3
1(h) "Well" means any drillhole or other excavation or opening deeper than it is
2wide that extends more than 10 feet below the ground surface and is constructed for
3the purpose of obtaining groundwater.
AB926,7,8
4(2) Approval required for high capacity wells. An owner shall apply to the
5department for approval before construction of a high capacity well begins. No
6person may construct or withdraw water from a high capacity well without the
7approval of the department under this section or under s. 281.17 (1), 2001 stats. An
8owner applying for approval under this subsection shall pay a fee of $500.
AB926,7,12
9(3) Notification required for other wells. An owner shall notify the
10department of the location of a well that is not a high capacity well before
11construction of the well begins. An owner notifying the department under this
12subsection shall pay a fee of $50.
AB926,7,20
13(4) Environmental review. The department shall review an application for
14approval of any of the following using the environmental review process in its rules
15promulgated under s. 1.11 applicable to an action that has the potential to cause
16significant environmental effects and that may involve unresolved conflicts in the
17use of available resources or to an action that normally does not have the potential
18to cause significant environmental effects, normally does not significantly affect
19energy usage, and normally does not involve unresolved conflicts in the use of
20available resources:
AB926,7,2121
(a) A high capacity well that is located in a groundwater protection area.
AB926,7,2322
(b) A high capacity well with a water loss of 95 percent of the amount of water
23withdrawn.
AB926,7,2524
(c) A high capacity well that may have a significant environmental impact on
25a spring.
AB926,8,7
1(5) Standards and conditions for approval. (a)
Public water supply. If the
2department determines that a proposed high capacity well may impair the water
3supply of a public utility engaged in furnishing water to or for the public, the
4department may not approve the high capacity well unless it includes in the approval
5conditions, which may include conditions as to location, depth, pumping capacity,
6rate of flow, and ultimate use, that will ensure that the water supply of the public
7utility will not be impaired.
AB926,8,158
(b)
Groundwater protection area. 1. Except as provided in subd. 2., if the
9department determines, under the environmental review process in sub. (4), that an
10environmental impact report under s. 23.11 (5) must be prepared for a proposed high
11capacity well located in a groundwater protection area, the department may not
12approve the high capacity well unless it includes in the approval conditions, which
13may include conditions as to location, depth, pumping capacity, rate of flow, and
14ultimate use, that ensure that the high capacity well does not cause significant
15environmental impact.
AB926,8,2316
2. Subdivision 1. does not apply to a proposed high capacity well that is located
17in a groundwater protection area and that is a water supply for a public utility
18engaged in supplying water to or for the public, if the department determines that
19there is no other reasonable alternative location for a well and includes in the
20approval conditions, which may include conditions as to location, depth, pumping
21capacity, rate of flow, and ultimate use, that ensure that the environmental impact
22of the well is balanced by the public benefit of the well related to public health and
23safety.
AB926,9,524
(c)
High water loss. If the department determines, under the environmental
25review process in sub. (4), that an environmental impact report under s. 23.11 (5)
1must be prepared for a proposed high capacity well with a water loss of more than
295 percent of the amount of water withdrawn, the department may not approve the
3high capacity well unless it includes in the approval conditions, which may include
4conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that
5ensure that the high capacity well does not cause significant environmental impact.
AB926,9,136
(d)
Impact on a spring. 1. Except as provided in subd. 2., if the department
7determines, under the environmental review process in sub. (4), that an
8environmental impact report under s. 23.11 (5) must be prepared for a proposed high
9capacity well that may have a significant environmental impact on a spring, the
10department may not approve the high capacity well unless it includes in the approval
11conditions, which may include conditions as to location, depth, pumping capacity,
12rate of flow, and ultimate use, that ensure that the high capacity well does not cause
13significant environmental impact.
AB926,9,2114
2. Subdivision 1. does not apply to a proposed high capacity well that may have
15a significant environmental impact on a spring and that is a water supply for a public
16utility engaged in supplying water to or for the public, if the department determines
17that there is no other reasonable alternative location for a well and includes in the
18approval conditions, which may include conditions as to location, depth, pumping
19capacity, rate of flow, and ultimate use, that ensure that the environmental impact
20of the well is balanced by the public benefit of the well related to public health and
21safety.
AB926,9,2422
(e)
All high capacity wells. 1. If s. 281.35 applies to a proposed high capacity
23well, the department shall include in the approval conditions that ensure that the
24high capacity well complies with s. 281.35.
AB926,10,3
12. The department shall include in the approval for each high capacity well
2requirements that the owner identify the location of the high capacity well and
3submit an annual pumping report.
AB926,10,7
4(6) Preexisting high capacity wells. (a) The owner of a high capacity well for
5which the department issued an approval under s. 281.17 (1), 2001 stats., shall
6provide to the department information concerning the location of the well and an
7annual pumping report.
AB926,10,98
(b) The department shall promulgate rules specifying the date and method by
9which owners of high capacity wells shall comply with par. (a).
AB926,10,14
10(7) Modifying and rescinding approvals for high capacity wells. The
11department may modify or rescind the approval of a high capacity well issued under
12this section or under s. 281.17 (1), 2001 stats., if the high capacity well or the use of
13the high capacity well is not in conformance with standards or conditions applicable
14to the approval of the high capacity well.
AB926,10,24
15(8) Groundwater protection areas. (a) The department shall promulgate
16rules identifying class I and class II trout streams for the purposes of this section.
17The department shall identify as a class I trout stream a stream or portion of a stream
18with a self-sustaining population of trout. The department shall identify as a class
19II trout stream a stream or portion of a stream that contains a population of trout
20made up of one or more age groups, above the age one year, in sufficient numbers to
21indicate substantial survival from one year to the next but in which stocking is
22necessary to fully utilize the available trout habitat or to sustain the fishery. In the
23rules under this paragraph, the department shall identify any class I or class II trout
24stream that is a farm drainage ditch with no prior stream history.
AB926,11,2
1(b) The department shall create accurate images of groundwater protection
2areas.
AB926,11,53
(c) A person who proposes to construct a high capacity well may request the
4department to determine whether the proposed location of the high capacity well is
5within a groundwater protection area.
AB926,11,156
(d) The department shall administer a program to mitigate the effects of wells
7constructed before the effective date of this paragraph .... [revisor inserts date], that
8are located in groundwater protection areas. Mitigation may include abandonment
9of wells, replacement of wells at different locations, and management strategies.
10Under the mitigation program, the department may order the owner of a well
11constructed before the effective date of this paragraph .... [revisor inserts date], that
12is located in a groundwater protection area to undertake mitigation but only if the
13department provides funding for the full cost of the mitigation, except that full
14funding is not required if the department is authorized under ch. 280 to require the
15well to be abandoned because of issues regarding public health.