AB844: Bill Text

AB844,11,22 2. Any person may file a petition with the department requesting environmental review of a well to which subd. 1. applies on the grounds that the well is reasonably probable to result in significant adverse environmental impact to surface waters. A person filing a petition under this subdivision shall include in the petition information showing that construction and operation of the well as proposed is reasonably probable to result in significant adverse environmental impact to surface waters.

AB844, s. 20 Section 20. 281.34 (5) (b) 1. of the statutes is amended to read:

AB844,12,6 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact.

AB844, s. 21 Section 21. 281.34 (5) (c) of the statutes is amended to read:

AB844,12,16 281.34 (5) (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn or for a high capacity well for a water bottling facility, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact.

AB844, s. 22 Section 22. 281.34 (5) (d) of the statutes is amended to read:

AB844,13,2 281.34 (5) (d) Impact on a qualifying spring. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well that may have a significant adverse environmental impact on a qualifying spring, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact.

AB844,13,10 2. Subdivision 1. does not apply to a proposed high capacity well that may have a significant adverse environmental impact on a qualifying spring and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB844, s. 23 Section 23. 281.34 (5) (dc) of the statutes is created to read:

AB844,13,20 281.34 (5) (dc) High capacity wells in groundwater management area without management plan. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well to which sub. (4) (a) 4. applies, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact to surface waters.

AB844,14,2 2. Subdivision 1. does not apply to a proposed high capacity well to which sub. (4) (a) 4. applies that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB844, s. 24 Section 24. 281.34 (5) (de) of the statutes is created to read:

AB844,14,12 281.34 (5) (de) High capacity wells reasonably probable to cause significant adverse environmental impact. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well to which sub. (4) (a) 5. applies, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact to surface waters.

AB844,14,19 2. Subdivision 1. does not apply to a proposed high capacity well to which sub. (4) (a) 5. applies that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB844, s. 25 Section 25. 281.34 (5) (ds) of the statutes is created to read:

AB844,14,25 281.34 (5) (ds) Groundwater management plan. 1. If a proposed high capacity well is in a groundwater management area designated under s. 281.341 (2) with a groundwater management plan under s. 281.341 (3) (e) or (f) in effect, the department may not approve the high capacity well unless it is consistent with that plan.

AB844,15,4 2. If a proposed high capacity well is in a groundwater attention area designated under s. 281.341 (4) with a groundwater management plan approved under s. 281.341 (5) (f), the department may not approve the high capacity well unless it is consistent with that plan.

AB844, s. 26 Section 26. 281.34 (7) of the statutes is renumbered 281.34 (7) (a) and amended to read:

AB844,15,9 281.34 (7) (a) The approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., remains in effect unless the, subject to pars. (b) to (d).

AB844,15,13 (b) The department modifies or rescinds the may modify or rescind an approval under this section or under s. 281.17 (1), 2001 stats., because the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to the approval of the high capacity well.

AB844, s. 27 Section 27. 281.34 (7) (c) of the statutes is created to read:

AB844,15,19 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3) (e) or (f) takes effect for a groundwater management area designated under s. 281.341 (2), the department shall review approvals for high capacity wells in the groundwater management area that were issued under this section or under s. 281.17 (1), 2001 stats., before the plan took effect.

AB844,15,23 2. After conducting the review under subd. 1. for a groundwater management area designated under s. 281.341 (2), the department shall periodically review the approvals under this section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater management area.

AB844,16,3 3. The department may modify the approval under this section or under s. 281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as necessary to ensure that the high capacity well is consistent with the groundwater management plan for the groundwater management area in which the high capacity well is located.

AB844, s. 28 Section 28. 281.34 (7) (d) of the statutes is created to read:

AB844,16,9 281.34 (7) (d) 1. After the department approves a groundwater management plan under s. 281.341 (5) (f) for a groundwater attention area designated under s. 281.341 (4), the department shall review approvals for high capacity wells in the groundwater attention area that were issued under this section or under s. 281.17 (1), 2001 stats., before the plan took effect.

AB844,16,14 2. After conducting the review under subd. 1. for a groundwater attention area designated under s. 281.341 (4) for which the department has approved a groundwater management plan under s. 281.341 (5) (f), the department shall periodically review the approvals under this section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater attention area.

AB844,16,19 3. The department may modify the approval under this section or under s. 281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as necessary to ensure that the high capacity well is consistent with the groundwater management plan for the groundwater attention area in which the high capacity well is located.

AB844, s. 29 Section 29. 281.34 (9) of the statutes is repealed.

AB844, s. 30 Section 30. 281.34 (11) of the statutes is created to read:

AB844,16,25 281.34 (11) Springs; inventory and rule. (a) The department shall conduct an inventory of large springs in this state. The department shall complete the inventory no later than the first day of the 37th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB844,17,3 (b) The department shall submit a report to the legislature, under s. 13.172 (2), and to the legislative reference bureau when it completes the inventory under par. (a).

AB844,17,5 (c) The department shall promulgate a rule defining "perennial" for the purposes of sub. (1) (eg) 2.

AB844, s. 31 Section 31. 281.341 of the statutes is created to read:

AB844,17,8 281.341 Groundwater management and attention areas. (1) Definitions. In this section:

AB844,17,9 (a) "Aquitard" means a geologic formation having low permeability.

AB844,17,11 (b) "Baseflow" means the sustained flow of a stream, principally by groundwater discharge, in the absence of direct runoff.

AB844,17,13 (bm) "Chief executive" means the county executive or, if a county does not have a county executive, the chairperson of the county board of supervisors.

AB844,17,15 (c) "Confined aquifer" means a water bearing geologic formation that is bounded on its upper surface by an aquitard.

AB844,17,16 (d) "Council" means the groundwater coordinating council.

AB844,17,18 (e) "Council subcommittee" means the groundwater area review subcommittee of the groundwater coordinating council.

AB844,17,19 (em) "High capacity well" has the meaning given in s. 281.34 (1) (b).

AB844,17,20 (f) "Potentiometric surface" has the meaning given in s. 281.34 (1) (e).

AB844,18,2 (g) "Target date," as applied to a groundwater management area under sub. (2), means a date by which it is reasonable to expect that the groundwater management area will no longer qualify for designation as a groundwater management area. "Target date," as applied to a groundwater attention area under sub. (4), means a date by which it is reasonable to expect that the groundwater attention area will no longer qualify for designation as a groundwater attention area.

AB844,18,12 (h) "Target withdrawal quantity," as applied to a groundwater management area under sub. (2), means the total amount of groundwater that may be withdrawn from the groundwater management area's hydrologic system so that, by the target date established under sub. (2) (f), the groundwater management area will no longer qualify for designation as a groundwater management area. "Target withdrawal quantity," as applied to a groundwater attention area under sub. (4), means the total amount of groundwater that may be withdrawn from the groundwater attention area's hydrologic system so that, by the target date established under sub. (4) (f), the groundwater attention area will no longer qualify for designation as a groundwater attention area.

AB844,18,14 (i) "Unconfined aquifer" means a water bearing geologic formation that is not bounded on its upper surface by an aquitard.

AB844,18,18 (2) Groundwater management area designation. (a) The department may, by rule, designate an area as a groundwater management area if the council forwards a conclusion to the department under par. (e) that the area qualifies for designation as a groundwater management area.

AB844,18,20 (b) An area with a confined aquifer qualifies for designation as a groundwater management area if any of the following applies:

AB844,18,23 1. The groundwater potentiometric surface of the confined aquifer has been reduced 150 feet or more from the level at which the potentiometric surface would be if no groundwater had been pumped from the area.

AB844,19,3 2. The groundwater potentiometric surface of the confined aquifer has been reduced to within 20 feet above the top of the aquitard bounding the upper surface of the confined aquifer.

AB844,19,6 3. The water level in the majority of the high capacity wells that pump water from the confined aquifer is below the bottom of the confined aquifer's bounding aquitard when the pumps are in operation.

AB844,19,8 4. The groundwater potentiometric surface of the confined aquifer is declining at a rate exceeding 5 feet per year averaged over a 10-year period.

AB844,19,10 (c) An area with an unconfined aquifer qualifies for designation as a groundwater management area if any of the following applies:

AB844,19,14 1. The baseflow of the streams in the area has declined more than 10 percent from what the baseflow of the streams would be if no groundwater had been pumped from the area and that decline has resulted in significant adverse environmental impact, as defined in s. 281.34 (1) (er).

AB844,19,16 2. The water level of the unconfined aquifer is declining at a rate exceeding 5 feet per year averaged over a 10-year period.

AB844,19,19 3. The withdrawal of groundwater in the area has caused a decline in the water table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as determined by use of groundwater flow modeling.

AB844,20,6 (d) The council subcommittee shall meet regularly to examine areas that may qualify for designation as groundwater management areas under this subsection and shall forward its conclusions to the council. The council subcommittee's conclusions shall include a delineation of the geographic boundaries of the areas examined. If the council subcommittee concludes that an area qualifies for designation as a groundwater management area under this subsection, the council subcommittee's conclusion shall include a proposed target date and target withdrawal quantity for the area. Before examining any other area, the council subcommittee shall examine the 2 groundwater management areas designated under s. 281.34 (9), 2007 stats., to determine whether they qualify for designation as groundwater management areas under this subsection and shall forward the council subcommittee's conclusion to the council.

AB844,20,13 (e) If the council subcommittee forwards a conclusion to the council under par. (d) that an area qualifies as a groundwater management area and if the council concurs with that conclusion, the council shall recommend that the department designate the area as a groundwater management area. The council's recommendation under this paragraph shall include a delineation of the geographic boundaries of, and a proposed target date and target withdrawal quantity for, the proposed groundwater management area.

AB844,20,17 (f) If the department promulgates a rule designating an area as a groundwater management area as authorized under par. (a), the department shall, not later than 180 days after the rule is promulgated, establish a target date and target withdrawal quantity for the area.

AB844,20,22 (g) 1. After the target date established under par. (f) for an area, the council subcommittee shall consider whether the area still qualifies as a groundwater management area under this subsection. If the council subcommittee concludes that the area no longer qualifies as a groundwater management area, it shall forward that conclusion to the council.

AB844,21,2 2. If the council subcommittee forwards a conclusion under subd. 1. that an area no longer qualifies as a groundwater management area and if the council concurs with that conclusion, the council shall recommend that the department rescind the designation of the area as a groundwater management area.

AB844,21,6 3. The department may rescind the designation of an area as a groundwater management area, by repealing the rule designating an area as a groundwater management area, if the council recommends under subd. 2. that the department rescind the designation of the area as a groundwater management area.

AB844,21,14 (3) Groundwater management planning for groundwater management area. (a) 1. Upon the designation under sub. (2) (a) of a groundwater management area that is contained within one county, the chief executive of the county shall appoint a groundwater management council for the groundwater management area, except that if the chief executive of the county has not appointed a groundwater management council before the 180th day after the effective date of the rule designating the groundwater management area, the department shall appoint the groundwater management council.

AB844,21,24 2. Upon the designation under sub. (2) (a) of a groundwater management area that includes all or part of more than one county, the counties shall negotiate an agreement that provides for the appointment of a groundwater management council for the groundwater management area, including the size and method of appointment of members of the groundwater management council, and shall appoint the groundwater management council as provided in the agreement, except that if the counties do not enter into an agreement and appoint a groundwater management council before the 180th day after the effective date of the rule designating the groundwater management area, the department shall appoint a groundwater management council.

AB844,22,9 (b) A groundwater management council shall develop a groundwater management plan for the groundwater management area and shall provide opportunities for public participation in the development of the plan. The groundwater management council shall develop a plan under this paragraph that is protective of surface water and groundwater, is designed to ensure that the groundwater management area will no longer qualify for designation as a groundwater management area by the target date established under sub. (2) (f) and to achieve the target withdrawal quantity established under sub. (2) (f) and includes all of the following:

AB844,22,10 1. Measurable goals.

AB844,22,13 2. Requirements for the county or counties to report to the department, including requirements to report progress toward achieving the target withdrawal quantity.

AB844,22,14 3. Opportunities for public participation in the implementation of the plan.

AB844,22,15 4. Water conservation measures.

AB844,22,16 5. Other provisions specified by the department by rule.

AB844,22,19 (c) A groundwater management council may contract with another entity, including a regional planning commission, for assistance in preparing a groundwater management plan.

AB844,22,24 (d) 1. A groundwater management council for a groundwater management area that is contained within one county shall submit the groundwater management plan developed under par. (b) to the county board for approval. If the plan is approved by the county board, the groundwater management council shall submit the plan to the department.

AB844,23,5 2. A groundwater management council for a groundwater management area that includes all or part of more than one county shall submit the groundwater management plan developed under par. (b) to each county board for approval. If the plan is approved by each county board, the groundwater management council shall submit the plan to the department.

AB844,23,8 (e) The department shall review and approve or disapprove a groundwater management plan submitted under par. (d). The department may approve the groundwater management plan only if the plan complies with par. (b).

AB844,23,16 (f) If a groundwater management plan is not approved under par. (e) for a groundwater management area before the first day of the 37th month beginning after the effective date of the rule designating the groundwater management area, the department shall develop a groundwater management plan for the groundwater management area that is designed to ensure that the groundwater management area will no longer qualify for designation as a groundwater management area by the target date established under sub. (2) (f) and to achieve the target withdrawal quantity established under sub. (2) (f).

AB844,23,20 (4) Groundwater attention area designation. (a) The department may designate an area as a groundwater attention area if the council recommends to the department under par. (e) that the area be designated as a groundwater attention area.

AB844,23,24 (b) An area with a confined aquifer qualifies for designation as a groundwater attention area if the council subcommittee projects that water use trends in the area are likely to qualify the area for designation as a groundwater management area under sub. (2) (b) within the following 20 years.

AB844,24,4 (c) An area with an unconfined aquifer qualifies for designation as a groundwater attention area if the council subcommittee projects that water use trends in the area are likely to qualify the area for designation as a groundwater management area under sub. (2) (c) within the following 20 years.

AB844,24,12 (d) The council subcommittee shall meet regularly to examine areas that may qualify for designation as groundwater attention areas under this subsection and shall forward its conclusions to the council. The council subcommittee's conclusions shall include a delineation of the geographic boundaries of the areas examined. If the council subcommittee concludes that an area qualifies for designation as a groundwater attention area under this subsection, the council subcommittee's conclusion shall include a proposed target date and target withdrawal quantity for the area.

AB844,24,19 (e) If the council subcommittee forwards a conclusion to the council under par. (d) that an area qualifies as a groundwater attention area and if the council concurs with that conclusion, the council shall recommend that the department designate the area as a groundwater attention area. The council's recommendation under this paragraph shall include a delineation of the geographic boundaries of, and a proposed target date and target withdrawal quantity for, the proposed groundwater attention area.

AB844,24,23 (f) 1. If the department designates an area as a groundwater attention area, the department shall give notice of the designation by publishing a class 1 notice under ch. 985 in a newspaper likely to give notice in the area where the groundwater attention area is located.

AB844,25,3 2. Not later than 180 days after the department designates an area as a groundwater attention area as authorized under par. (a), the department shall establish a target date and target withdrawal quantity for the area.

AB844,25,11 (g) 1. After the target date established under par. (f) 2. for an area, the council subcommittee shall consider whether the area qualifies as a groundwater management area under sub. (2) and, if not, whether the area still qualifies as a groundwater attention area under this subsection. If the council subcommittee concludes that the area qualifies as a groundwater management area it shall proceed under sub. (2) (d). If the council subcommittee concludes that the area does not qualify as a groundwater management area and no longer qualifies as a groundwater attention area, it shall forward that conclusion to the council.

AB844,25,15 2. If the council subcommittee forwards a conclusion under subd. 1. that an area no longer qualifies as a groundwater attention area and if the council concurs with that conclusion, the council shall recommend that the department rescind the designation of the area as a groundwater attention area.

AB844,25,18 3. The department may rescind the designation of an area as a groundwater attention area if the council recommends under subd. 2. that the department rescind the designation of the area as a groundwater attention area.

AB844,25,22 4. If the department rescinds the designation of an area as a groundwater attention area under subd. 3., the department shall give notice of that action by publishing a class 1 notice under ch. 985 in a newspaper likely to give notice in the area.

AB844,26,2 (5) Groundwater management planning for groundwater attention area. (a) 1. Upon the designation under sub. (4) (a) of a groundwater attention area that is contained within one county, the chief executive of the county may appoint a groundwater management council for the groundwater attention area.

AB844,26,9 2. Upon the designation under sub. (2) (a) of a groundwater attention area that includes all or part of more than one county, the counties may negotiate an agreement that provides for the appointment of a groundwater management council for the groundwater attention area, including the size and method of appointment of members of the groundwater management council, and, if they negotiate an agreement, may appoint the groundwater management council as provided in the agreement.

AB844,26,17 (b) A groundwater management council may develop a groundwater management plan for the groundwater attention area and, if it develops a plan, shall provide opportunities for public participation in the development of the plan. A groundwater management council that develops a plan under this paragraph shall develop a plan that is protective of surface water and groundwater, is designed to ensure that the groundwater attention area will no longer qualify for designation as a groundwater attention area by the target date established under sub. (4) (f) 2. and to achieve the target withdrawal quantity.