AB500: Bill Text

AB500,30,11 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.

AB500, s. 107 Section 107. 30.18 (3) (a) 4. of the statutes is repealed.

AB500, s. 108 Section 108. 30.18 (3) (b) of the statutes is repealed.

AB500, s. 109 Section 109. 30.18 (3m) (intro.) of the statutes is created to read:

AB500,30,17 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:

AB500, s. 110 Section 110. 30.18 (3m) (b) of the statutes is created to read:

AB500,30,21 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.

AB500, s. 111 Section 111. 30.18 (4) (title) of the statutes is repealed and recreated to read:

AB500,30,23 30.18 (4) (title) Action by department.

AB500, s. 112 Section 112. 30.18 (4) (a) of the statutes is amended to read:

AB500,31,6 30.18 (4) (a) Upon receipt of a complete application for a permit under this section, the department shall follow the notice and hearing procedures under s. 30.208 30.244 (3) to (5). In addition to providing notice as required under s. 30.208 30.244 (3) to (5), 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:

AB500,31,8 2. The clerk of the next town municipality that is the next municipality downstream, to the from the point of the proposed diversion.

AB500,31,11 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.

AB500,31,12 4. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB500, s. 113 Section 113. 30.18 (4) (a) 1. of the statutes is created to read:

AB500,31,14 30.18 (4) (a) 1. Each owner of land over which water is proposed to be diverted.

AB500, s. 114 Section 114. 30.18 (4) (b) of the statutes is amended to read:

AB500,31,19 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 and hearing provisions of par. (a) under ss. 30.244 and 30.245.

AB500, s. 115 Section 115. 30.18 (5) (title) of the statutes is repealed and recreated to read:

AB500,31,21 30.18 (5) (title) Issuance of permits.

AB500, s. 116 Section 116. 30.18 (5) (a) (intro.) of the statutes is amended to read:

AB500,31,25 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:

AB500, s. 117 Section 117. 30.18 (5) (a) 1. of the statutes is amended to read:

AB500,32,3 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.

AB500, s. 118 Section 118. 30.18 (5) (a) 1m. of the statutes is created to read:

AB500,32,5 30.18 (5) (a) 1m. The proposed diversion is for use on riparian land.

AB500, s. 119 Section 119. 30.18 (5) (a) 2. of the statutes is amended to read:

AB500,32,10 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.

AB500, s. 120 Section 120. 30.18 (5) (b) of the statutes is amended to read:

AB500,32,17 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.

AB500, s. 121 Section 121. 30.18 (6) (title) of the statutes is amended to read:

AB500,32,19 30.18 (6) (title) Permits; use of water Permit conditions; reporting; review.

AB500, s. 122 Section 122. 30.18 (6) (a) of the statutes is amended to read:

AB500,32,25 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).

AB500, s. 123 Section 123. 30.18 (6) (b) of the statutes is renumbered 30.18 (6) (dm) and amended to read:

AB500,33,8 30.18 (6) (dm) Use of water. A person who is issued a permit under this section 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.

AB500, s. 124 Section 124. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and amended to read:

AB500,33,15 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.

AB500, s. 125 Section 125. 30.18 (6) (cm) 3. of the statutes is created to read:

AB500,33,18 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.

AB500, s. 126 Section 126. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm) (title).

AB500, s. 127 Section 127. 30.18 (6) (d) of the statutes is renumbered 30.18 (6) (cm) 1. and amended to read:

AB500,34,2 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 each permit issued under this section at least once every 5 years.

AB500,34,4 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).

AB500, s. 128 Section 128. 30.18 (6m) (title) of the statutes is repealed and recreated to read:

AB500,34,6 30.18 (6m) (title) Rescission.

AB500, s. 129 Section 129. 30.18 (6m) (a) (intro.) of the statutes is amended to read:

AB500,34,11 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:

AB500, s. 130 Section 130. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

AB500,34,16 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.

AB500,34,18 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.

AB500, s. 131 Section 131. 30.18 (6m) (b) of the statutes is amended to read:

AB500,34,23 30.18 (6m) (b) Streams; discretionary rescission. The department may revoke rescind any 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 the diversion is detrimental to the stream from which the water is diverted.

AB500, s. 132 Section 132. 30.18 (6m) (bm) of the statutes is created to read:

AB500,35,2 30.18 (6m) (bm) Procedure for rescission. The procedure under s. 30.249 (2) applies to rescissions under pars. (a) and (b).

AB500, s. 133 Section 133. 30.18 (6m) (c) of the statutes is amended to read:

AB500,35,6 30.18 (6m) (c) Major diversion. The department may revoke a rescind any permit issued under sub. (5) (b) for a major diversion only as provided under s. 281.35 (6).

AB500, s. 134 Section 134. 30.18 (7) of the statutes is amended to read:

AB500,35,23 30.18 (7) Prerequisites to project construction work. After an application under this section has been filed with the department, the applicant may enter any land through which it is proposed to divert the water for the purposes of making any surveys required for drafting the plans for the project, but no work shall Work may not be commenced on the canal, headworks, or other structures necessary for the project for which a permit has been issued under this section until the plans for the same canal, headworks, or other structures have been approved by the department. Any person having received who has been issued a permit required under sub. (2) (a) for a diversion that is not a major diversion may construct commence the work upon the land of another the canal and other works as authorized by the permit only after the damage which will be sustained by the owner or owners of such of that land has been satisfied, or has been determined as provided for in ch. 32, and compensated for any damages that the owner will incur as a result of the work or after the final sum so for condemnation of the property under ch. 32 has been determined and all costs have been paid to the persons entitled thereto owner or to the clerk of the circuit court on their the owner's account.

Note: Current s. 30.18 (7) allows the applicant to "enter any land through which it is proposed to divert water", after the permit application is filed, to conduct surveys. This provision is deleted, and replaced by a requirement in new s. 30.18 (3m) (a) for the applicant to obtain permission or authority to enter the land.

AB500, s. 135 Section 135. 30.18 (8) of the statutes is renumbered 30.353.

AB500, s. 136 Section 136. 30.18 (9) of the statutes is repealed.

AB500, s. 137 Section 137. 30.19 (1m) (c), (cm) and (d) of the statutes are repealed.

Note: Current s. 30.19, which requires a permit for enlargement and protection of waterways, contains an exception for navigable lakes and streams and any portion of Lake Michigan within Milwaukee County. This exception is not included in this bill so that s. 30.19 will apply uniformly to all navigable waters. However, current s. 30.05 (renumbered s. 30.233) continues to apply where lake bed grants have been made.

AB500, s. 138 Section 138. 30.19 (3r) (a) (intro.) of the statutes is amended to read:

AB500,36,6 30.19 (3r) (a) (intro.) The department shall issue statewide general permits under s. 30.206 30.221 that authorize persons to do all of the following:

AB500, s. 139 Section 139. 30.19 (4) (b) of the statutes is amended to read:

AB500,36,9 30.19 (4) (b) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) apply to an application under par. (a).

AB500, s. 140 Section 140. 30.19 (4) (c) 2. of the statutes is amended to read:

AB500,36,12 30.19 (4) (c) 2. The activity will not cause environmental pollution, as defined in s. 299.01 (4).

AB500, s. 141 Section 141. 30.195 (2) (b) of the statutes is amended to read:

AB500,36,15 30.195 (2) (b) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) apply to an application under par. (a).

AB500, s. 142 Section 142. 30.195 (4) and (7) of the statutes are repealed.

Note: This bill eliminates the current provision in s. 30.195 (4) that states that no common law liability and no liability under any other statute for damages resulting from the change in the course of the stream or straightening a stream is affected by s. 30.195. Nothing in current s. 30.195, or s. 30.195 as amended by this bill, suggests that an exemption from liability is created. Compliance with the provisions in a permit under s. 30.195 may have a bearing on the issue of negligence, but current s. 30.195 (4) is unnecessary. Also, the provision in the current statute that creates a presumption of exercising due care in complying with a permit is better addressed by the court as part of a negligence action.

The exception for land owned by Milwaukee County or a city, village or town in Milwaukee County is deleted. This provision was originally created as part of s. 30.195 when it was adopted in 1961, and was added as a floor amendment. This exception is not included in this bill so that s. 30.195 will apply uniformly to all navigable waters.

AB500, s. 143 Section 143. 30.196 of the statutes is renumbered 30.313, and 30.313 (intro.), as renumbered, is amended to read:

AB500,37,9 30.313 Enclosure of navigable waters; issuance of permits to municipalities. (intro.) A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.208 30.244 (3) to (5) if it finds that granting the permit:

AB500, s. 144 Section 144. 30.20 (1g) (a) 1. of the statutes is amended to read:

AB500,37,16 30.20 (1g) (a) 1. A removal of material for an agricultural purpose from the bed of a farm drainage ditch which that was not a navigable stream before ditching is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.

AB500, s. 145 Section 145. 30.20 (1g) (c) of the statutes is renumbered 30.263 (3) and amended to read:

AB500,38,3 30.263 (3) Removal of material. A removal of material by the drainage board for the Duck Creek Drainage District from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section s. 30.20 if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB500, s. 146 Section 146. 30.20 (1m) (b) of the statutes is amended to read:

AB500,38,5 30.20 (1m) (b) Environmental pollution, as defined in s. 299.01 (4).

AB500, s. 147 Section 147. 30.20 (1r) (b) 1. of the statutes is amended to read:

AB500,38,9 30.20 (1r) (b) 1. Enter and inspect the site on which the activity is located, subject to s. 30.291 30.239, if the department determines such an inspection is necessary.

AB500, s. 148 Section 148. 30.20 (1t) (a) of the statutes is amended to read:

AB500,38,13 30.20 (1t) (a) The department shall issue statewide general permits under s. 30.206 30.221 that authorize any person to remove material for maintenance purposes from an area from which material has been previously removed.

AB500, s. 149 Section 149. 30.20 (2) (e) of the statutes is amended to read:

AB500,38,16 30.20 (2) (e) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) apply to an application for a permit or contract under this subsection.