AB679,3,43 281.34 (1) (ag) "Existing high capacity well" means a high capacity well that
4has been approved by the department under this section.
AB679,3 5Section 3. 281.34 (1) (eg) of the statutes is created to read:
AB679,3,96 281.34 (1) (eg) "Proposed high capacity well" means a new high capacity well
7that will result in a new withdrawal of groundwater. "Proposed high capacity well"
8does not include a high capacity well constructed to replace an existing high capacity
9well.
AB679,4 10Section 4. 281.34 (1) (er) of the statutes is created to read:
AB679,3,1211 281.34 (1) (er) "Reconstruct" means to modify original construction and
12includes deepening, lining, installing or replacing a screen, and underreaming.
AB679,5 13Section 5. 281.34 (2) of the statutes is renumbered 281.34 (2) (a) and amended
14to read:
AB679,3,1715 281.34 (2) (a) An owner shall apply to the department for approval before
16beginning construction of a proposed high capacity well begins or before beginning
17reconstruction or replacement of an existing high capacity well
.
AB679,3,21 18(b) No person may construct a proposed high capacity well, replace or
19reconstruct an existing high capacity well,
or withdraw water from a high capacity
20well without the approval of the department under this section or under s. 281.17 (1),
212001 stats.
AB679,3,22 22(c) An owner applying for approval under this subsection shall pay a fee of $500.
AB679,6 23Section 6. 281.34 (2) (c) of the statutes is created to read:
AB679,4,324 281.34 (2) (c) 1. Within 65 business days from the date on which the department
25receives a complete application for an approval under par. (a), the department shall

1approve or deny the application and shall notify the applicant of the decision in
2writing. If the department denies the application, the notification shall include the
3reasons for the denial.
AB679,4,74 2. Failure of the department to approve or deny an application under this
5subsection within 65 business days shall constitute the department's approval of the
6application. Upon the demand of the applicant, the department shall issue a written
7approval to the applicant.
AB679,7 8Section 7. 281.34 (2c) of the statutes is created to read:
AB679,4,159 281.34 (2c) Replacement high capacity wells. The department may issue an
10approval to construct a high capacity well to replace an existing high capacity well
11if the replacement high capacity well will be drilled to substantially the same depth
12as the existing high capacity well, will be located within a 75-foot radius of the
13existing high capacity well, and will be constructed in accordance with department
14standards that apply to the construction of proposed high capacity wells on the date
15that construction of the replacement high capacity well begins.
AB679,8 16Section 8. 281.34 (2g) of the statutes is created to read:
AB679,4,2317 281.34 (2g) Transfer of approvals. If an owner transfers the land on which
18a high capacity well is located, and if the owner holds an approval issued under sub.
19(2) or under s. 281.17 (1), 2001 stats., for the high capacity well, the owner may
20transfer the approval to the person to whom the land is transferred without
21department review. The department may not impose a fee for the transfer. The
22owner shall notify the department of the transfer on a form prescribed by the
23department.
AB679,9 24Section 9. 281.34 (4) (a) (intro.) of the statutes is amended to read:
AB679,5,3
1281.34 (4) (a) (intro.) The department shall review an application for approval
2of any of the following using the environmental review process in its rules
3promulgated under s. 1.11, subject to par. (am):
AB679,10 4Section 10. 281.34 (4) (am) of the statutes is created to read:
AB679,5,85 281.34 (4) (am) In its review of an application for approval under par. (a), the
6department's use of the environmental review process in its rules promulgated under
7s. 1.11 is expressly limited to an application for approval of a proposed high capacity
8well.
AB679,11 9Section 11. 281.34 (5) (a) of the statutes is amended to read:
AB679,5,1610 281.34 (5) (a) Public water supply. If the department determines that a
11proposed high capacity well may impair the water supply of a public utility engaged
12in furnishing water to or for the public, the department may not approve the
13proposed high capacity well unless it is able to include and includes in the approval
14conditions, which may include conditions as to location, depth, pumping capacity,
15rate of flow, and ultimate use, that will ensure that the water supply of the public
16utility will not be impaired.
AB679,12 17Section 12. 281.34 (5) (b) 1. of the statutes is amended to read:
AB679,5,2518 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines,
19under the environmental review process in sub. (4), that an environmental impact
20report under s. 23.11 (5) must be prepared for a proposed high capacity well located
21in a groundwater protection area, the department may not approve the proposed
22high capacity well unless it is able to include and includes in the approval conditions,
23which may include conditions as to location, depth, pumping capacity, rate of flow,
24and ultimate use, that ensure that the proposed high capacity well does not cause
25significant environmental impact to a groundwater protection area.
AB679,13
1Section 13. 281.34 (5) (d) 1. of the statutes is amended to read:
AB679,6,92 281.34 (5) (d) 1. Except as provided in subd. 2., if the department determines,
3under the environmental review process in sub. (4), that an environmental impact
4report under s. 23.11 (5) must be prepared for a proposed high capacity well that may
5have a significant environmental impact on a spring, the department may not
6approve the proposed high capacity well unless it is able to include and includes in
7the approval conditions, which may include conditions as to location, depth, pumping
8capacity, rate of flow, and ultimate use, that ensure that the proposed high capacity
9well does not cause significant environmental impact to a spring.
AB679,14 10Section 14. 281.34 (5) (dg) of the statutes is created to read:
AB679,6,1511 281.34 (5) (dg) Limitation on approval conditions. 1. The department may
12include conditions in an approval to construct a proposed high capacity well or to
13reconstruct an existing high capacity well, but only as to location, depth, pumping
14capacity, and rate of flow, unless the department is authorized to include other
15conditions in an approval under this subsection.
AB679,6,1816 2. The department may not include conditions in an approval to replace an
17existing high capacity well that are different from the conditions in the approval for
18the existing high capacity well unless any of the following applies:
AB679,6,2119 a. The replacement high capacity well is located in a groundwater protection
20area and the existing high capacity well is not located in a groundwater protection
21area.
AB679,6,2322 b. The department determines that the replacement well may have a
23significant environmental impact on a spring.
AB679,15 24Section 15. 281.34 (5) (dm) of the statutes is amended to read:
AB679,7,4
1281.34 (5) (dm) Water supply service area plan. If a proposed high capacity well
2is covered by an approved water supply service area plan under s. 281.348, the
3department may not approve the proposed high capacity well unless it is consistent
4with that plan.
AB679,16 5Section 16. 281.34 (7) of the statutes is amended to read:
AB679,7,116 281.34 (7) Modifying and rescinding approvals for high capacity wells. The
7approval of a high capacity well issued under this section or under s. 281.17 (1), 2001
8stats., remains in effect unless the department modifies or rescinds the approval
9because the high capacity well or the use of the high capacity well is not in
10conformance with standards or
violates the conditions applicable to in the approval
11of the high capacity well.
AB679,17 12Section 17. 281.34 (11) of the statutes is created to read:
AB679,7,1613 281.34 (11) Rule-making authority. The department's authority to
14promulgate rules under this section, other than rules governing construction
15standards for high capacity wells, is expressly limited to the authority granted under
16subs. (6) (b), (8) (a), and (9) (a) and (c).
AB679,18 17Section 18. 281.344 (4s) (dm) of the statutes is amended to read:
AB679,7,2418 281.344 (4s) (dm) Requiring individual permit. The department may require
19a person who is making or proposes to make a withdrawal that averages 100,000
20gallons per day or more in any 30-day period, but that does not equal at least
211,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
22under sub. (5) if the withdrawal is located in a groundwater protection area, as
23defined in s. 281.34 (1) (a) (am), or a groundwater management area designated
24under s. 281.34 (9).
AB679,19 25Section 19. 281.346 (4s) (dm) of the statutes is amended to read:
AB679,8,7
1281.346 (4s) (dm) Requiring individual permit. The department may require
2a person who is making or proposes to make a withdrawal that averages 100,000
3gallons per day or more in any 30-day period, but that does not equal at least
41,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
5under sub. (5) if the withdrawal is located in a groundwater protection area, as
6defined in s. 281.34 (1) (a) (am), or a groundwater management area designated
7under s. 281.34 (9).
AB679,20 8Section 20. Nonstatutory provisions.
AB679,8,99 (1) (a) In this subsection:
AB679,8,10 101. "Department" means the department of natural resources.
AB679,8,11 112. "Owner" has the meaning given in section 281.34 (1) (d) of the statutes.
AB679,8,1912 (b) If the department issued an approval to an owner of a high capacity well
13under section 281.34 (2) of the statutes or under section 281.17 (1), 2001 stats., before
14July 6, 2011, and if the department added new or more restrictive conditions to that
15approval on or after July 6, 2011, and before the effective date of this paragraph, the
16department shall, upon a request made by the owner on or before June 30, 2014,
17remove the new or more restrictive conditions from the approval if those new or more
18restrictive conditions are not required to be included in the approval under section
19281.34 of the statutes, as affected by this act.
AB679,8,2020 (End)
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