2007 Wisconsin Act 227

227,40 Section 40. 281.35 (12) (c) of the statutes is amended to read:

281.35 (12) (c) This state reserves the right to seek, in any state, federal or provincial forum, an adjudication of the equitable apportionment of the water resources of the Great Lakes basin or upper Mississippi River basin and, before the compact's effective date, of the Great Lakes basin, and the protection and determination of its rights and interests in those water resources, in any manner provided by law.

227,41 Section 41. 281.41 (1) (c) of the statutes is amended to read:

281.41 (1) (c) Construction or material change shall be according to approved plans only. The department may disapprove plans that are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The department shall disapprove plans that are not in conformance with any applicable approved water supply service area plan under s. 281.348.

227,42 Section 42. 281.41 (4) of the statutes is created to read:

281.41 (4) When the department receives for review a plan under sub. (1) that would result in returning water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

227,43 Section 43. 281.93 of the statutes is created to read:

281.93 Hearings on certain water use actions. (1) Permit or approval holder or applicant; order recipient. Any permit or approval, part of a permit or approval, condition or requirement in a permit or approval, order, decision or determination by the department under s. 281.344, 281.346, or 281.35 shall become effective unless the permit or approval holder or applicant or the order recipient seeks a hearing challenging the action in the following manner:

(a) Petition. The person seeking a hearing shall file a petition with the department within 30 days after the date of the action sought to be reviewed. The petition shall set forth specifically the issue sought to be reviewed, the interest of the petitioner, the reasons why a hearing is warranted, and the relief desired. Upon receipt of the petition, the department shall hold a hearing after at least 10 days' notice.

(b) Hearing. The hearing shall be a contested case under ch. 227. At the beginning of the hearing the petitioner shall present evidence in support of the allegations made in the petition. Following the hearing the department's action may be affirmed, modified, or withdrawn.

(1m) Effect of a challenge. If a permit or approval holder or applicant seeks a hearing challenging part of a permit or approval or a condition or requirement in a permit or approval under sub. (1), the remainder of the permit or approval shall become effective and the permit or approval holder or applicant may, at its discretion, begin the activity for which the application was submitted or for which the permit or approval was issued.

(2) Other persons. Except as provided in ss. 281.344 (4e) (g) and 281.346 (4e) (g), any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 281.344, 281.346, or 281.35 may seek review under sub. (1) of any permit or approval, part of a permit or approval, order, decision, or determination by the department under s. 281.344, 281.346, or 281.35.

(3) Mining hearing. Subsections (1) and (2) do not apply if a hearing on the matter is conducted as a part of a hearing under s. 293.43.

227,44 Section 44. 281.94 (1) of the statutes is amended to read:

281.94 (1) Any 6 or more residents of this state may petition for an investigation of a withdrawal, as defined under s. 281.35 (1) (m), alleged to be in violation of s. 281.35 (3) (a), 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (3) (a) or (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.

227,45 Section 45. 281.95 of the statutes is amended to read:

281.95 Remedies; water withdrawal violations. Any person who makes a withdrawal, as defined under s. 281.35 (1) (m), in violation of s. 281.35 (3) (a) , 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (3) (a) or (4) to (6) , 281.344 (3) (a), or 281.346 (3) (a) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal, as defined under s. 281.35 (1) (m), which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal.

227,46 Section 46. 281.98 (1) of the statutes is amended to read:

281.98 (1) Except as provided in ss. 281.344 (14) (a), 281.346 (14) (a), 281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue.

227,47 Section 47. 283.41 (3) of the statutes is created to read:

283.41 (3) When the department receives an application for a permit for a discharge that would return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the application to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

227,48 Section 48. 283.83 of the statutes is renumbered 283.83 (1).

227,49 Section 49. 283.83 (2) of the statutes is created to read:

283.83 (2) When the department receives for review or prepares a new plan under sub. (1) or a revision to a plan under sub. (1) that includes a proposal to return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

227,50 Section 50. 293.65 (title), (1), (2) (title), (a), and (b) of the statutes are amended to read:

293.65 (title) Diversion Withdrawal of surface waters; withdrawal of groundwater; damage claims. (1) Scope. This section governs the withdrawal or diversion of groundwaters or surface waters by persons engaged in prospecting or mining. Discharges of waters are subject to ch. 283, construction of necessary dams or other structures is subject to chs. 30 and 31 and construction of wells is subject to ch. 280, to the extent applicable.

(2) (title) Diversion Withdrawal of surface water; permit required. (a) Any person intending to divert withdraw surface waters for prospecting or mining shall apply to the department for a permit. The forms and procedures used under s. 30.18 apply to the extent practicable.

(b) The department, upon receipt of an application for a permit, shall determine the minimum stream flow or lake level necessary to protect public rights, the minimum flow or level necessary to protect the rights of affected riparians, the point downstream beyond which riparian rights are not likely to be injured by the proposed diversion withdrawal and the amount of surplus water, as defined in s. 30.01 (6d), if any, at the point of the proposed diversion withdrawal.

227,51 Section 51. 293.65 (2) (c) 1. of the statutes is amended to read:

293.65 (2) (c) 1. The public rights in the lake or stream and the related environment which may be injured by the proposed diversion withdrawal;

227,52 Section 52. 293.65 (2) (d) 2. of the statutes is amended to read:

293.65 (2) (d) 2. If the proposed diversion withdrawal will consume nonsurplus waters, and will unreasonably injure rights of riparians identified by par. (b) who are beneficially using such waters, the permit shall be denied unless a permit is granted under par. (e) or all such riparians consent to the proposed diversion withdrawal.

227,53 Section 53. 293.65 (2) (e) of the statutes is amended to read:

293.65 (2) (e) The department may require modification of a proposed diversion withdrawal so as to avoid injury to public or riparian rights, and as modified, may grant the permit.

227,54 Section 54. 293.65 (2) (f) of the statutes is amended to read:

293.65 (2) (f) Water diverted withdrawn in accordance with a permit issued under this subsection may be used on nonriparian property.

227,55 Section 55. 293.65 (2) (h) of the statutes is amended to read:

293.65 (2) (h) Hearings on applications for diversion withdrawal permits under this subsection shall be preceded by mailed notice to all parties or affected persons and by publication in the affected area of a class 2 notice, under ch. 985. Hearings may be conducted as part of a hearing on an application for a mining permit under s. 293.37.

227,56 Section 56. Nonstatutory provisions.

(1) Submission of proposed rules. The department of natural resources shall submit in proposed form the rules required under section 281.344 (4) (g) and 281.348 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 18th month beginning after the effective date of this subsection.