Amendment ASA1-AB477

AB477-ASA1,21,10 (j) The department's duty and authority with respect to high capacity well approvals in a sensitive resource area is limited to the duty and authority that is explicitly conferred upon the department by statute.

AB477-ASA1,21,21 (k) At least every 10 years after an area is designated as a sensitive resource area the department shall review the boundaries of the sensitive resource area and any measures that have been adopted by statute relating to the sensitive resource area to determine whether the boundaries and measures continue to be appropriate under this subsection. The department shall prepare a report on whether the boundaries and measures continue to be appropriate, whether the designation of the area as a sensitive resource area should be removed, or whether the boundaries and measures should be changed and, if so, the department's recommended changes. The department shall submit the report to the chief clerk of each house of the legislature, for distribution under s. 13.172 (3) to the appropriate legislative standing committees generally responsible for legislation related to environmental issues.

AB477-ASA1,21,23 (L) The designation of an area as a sensitive resource area may be removed only by an act of the legislature.

AB477-ASA1,22,4 (m) Subject to par. (n), the department may not issue an approval for a new high capacity well located in an area that the department has requested to evaluate and model under par. (ag) if the application for approval is filed after the department submits its request to the joint committee on finance, in an area described in par. (ar), or in an area that the department has requested to evaluate and model under par. (aj), unless any of the following occurs:

AB477-ASA1,22,7 1. The applicant provides the department with information that shows, and the department determines, that the proposed high capacity well will have no hydrologic connection to any existing navigable water.

AB477-ASA1,22,12 2. The applicant provides the department with information that shows, and the department determines, that the proposed high capacity well will not cause a significant measurable drawdown, as defined by the department by rule under sub. (7g) (b), of any navigable water to which the proposed well is hydrologically connected.

AB477-ASA1,22,14 (n) The restriction under par. (m) ceases to apply if one of the following events occurs:

AB477-ASA1,22,18 1. The joint committee on finance denies the department's request for approval under par. (ag) or (aj), if within 14 working days of the department requesting approval the joint committee on finance schedules a meeting for the purpose of reviewing the department's request.

AB477-ASA1,22,22 2. The department does not submit the report under par. (f) within 30 months after requesting approval under par. (ag) or (aj) or, with respect to an area described in par. (ar), within 30 months after the effective date of this subdivision .... [LRB inserts date].

AB477-ASA1,22,24 3. The department submits a report under par. (f) recommending that the area not be designated as a sensitive resource area.

AB477-ASA1,23,3 4. The legislature does not designate an area as a sensitive resource area by statute within 12 months after receiving a report from the department under par. (f) recommending that the area be designated as a sensitive resource area.

AB477-ASA1,23,6 5. The department does not submit the report under par. (g) within 12 months after submitting a report under par. (f) recommending that an area be designated as a sensitive resource area.

AB477-ASA1,23,8 6. The department submits a report under par. (g) recommending that no special measures relating to groundwater withdrawal be conducted in the area.

AB477-ASA1,23,11 7. The legislature does not adopt, by statute, special measures relating to groundwater withdrawal in an area within 12 months after receiving a report from the department under par. (g).

AB477-ASA1,23,13 8. The legislature adopts, by statute, special measures relating to groundwater withdrawal in a designated sensitive resource area.

AB477-ASA1,23,17 (p) In determining whether to approve or deny an application for approval to construct or withdraw water from a high capacity well located in a sensitive resource area, the department shall consider the cumulative environmental impacts of that high capacity well together with existing wells.

AB477-ASA1,25 Section 25. 281.34 (11) of the statutes is created to read:

AB477-ASA1,23,20 281.34 (11) Liability to other well owners. (a) In this subsection, "residential well" means a well that is not a high capacity well.

AB477-ASA1,23,25 (b) The owner of a high capacity well constructed after the effective date of this paragraph .... [LRB inserts date], shall provide compensation for replacing, modifying, or repairing a residential well to provide a well of similar type and design as the original well, and provide an interim potable water supply, to the owner of the residential well if all of the following apply:

AB477-ASA1,24,7 1. The residential well owner provides a notice to the owner of the high capacity well claiming that the residential well has experienced or is experiencing a significant loss of water or a significant decrease in water pressure that is caused by the high capacity well, and requests compensation from the owner of the high capacity well. The residential well owner shall provide the notice under this subdivision within 5 years after the high capacity well owner receives an approval under this section.

AB477-ASA1,24,9 2. The residential well was constructed before the construction of the high capacity well.

AB477-ASA1,24,14 3. The residential well owner has a well log on file with the department, or provides the owner of the high capacity well with a written report from a certified well driller or licensed plumber, completed within 6 months of the high capacity well owner or clerk submitting the notice under sub. (2d), that shows the construction details, depth, static water level, and pump setting, if applicable, of the well.

AB477-ASA1,24,19 4. The residential well owner provides the owner of the high capacity well with a written statement from a certified well driller or licensed plumber verifying that the residential well owner has experienced or is experiencing a significant loss of water or a significant decrease in water pressure because of a reduction of the well's static water level as compared to the level reported under subd. 3.

AB477-ASA1,25,7 (c) The owner of a high capacity well that receives a request for compensation under par. (b) may bring an action for a declaratory judgment on the issue of whether the high capacity well has caused or is causing the residential well to experience a significant loss of water or a significant decrease in water pressure. The owner of the high capacity well shall provide an interim potable water supply to the residential well owner until the final resolution of an action under this paragraph. Notwithstanding s. 814.04 (1), if the court determines in an action under this paragraph that the high capacity well has caused or is causing the residential well to experience a significant loss of water or a significant decrease in water pressure, the court shall award the residential well owner its reasonable attorney fees. The owner of the high capacity well may seek contribution from owners of other high capacity wells constructed after the construction of the residential well and after the effective date of this paragraph .... [LRB inserts date].

AB477-ASA1,26 Section 26. Nonstatutory provisions.

AB477-ASA1,25,23 (1) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate the rules required under section 281.34 (7g) of the statutes, as created by this act, as emergency rules. The emergency rules shall remain in effect for the period before the effective date of the permanent rules promulgated under section 281.34 (7g) of the statutes, as created by this act but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (2) of the statutes, the department may seek any number of extensions of the effective period of emergency rules under section 227.24 (2) of the statutes except that no extension shall be allowed after July 1, 2018. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB477-ASA1,25,24 (2) Modification of previously issued approvals.

AB477-ASA1,25,25 (a) In this subsection:

AB477-ASA1,26,1 1. "Department" means the department of natural resources.

AB477-ASA1,26,2 2. "Owner" has the meaning given in section 281.34 (1) (d) of the statutes.

AB477-ASA1,26,9 (b) If the department issued an approval to an owner of a high capacity well under section 281.34 (2) of the statutes on or after July 6, 2011, and before the effective date of this paragraph, the department shall, upon the owner's request, review the conditions in the approval. If the conditions in the approval are not consistent with the department's authority under section 281.34 of the statutes, as affected by this act, the department shall remove or revise the conditions in the approval consistent with that authority.

AB477-ASA1,27 Section 27. Initial applicability.

AB477-ASA1,26,14 (1) (a) This act first applies to applications for a high capacity well approval filed by the effective date of this paragraph but not approved, conditionally approved, or denied by the department by the effective date of this paragraph, except as provided in paragraphs (b) and (c).

AB477-ASA1,26,19 (b) The treatment of sections 281.34 (2) (with respect to requiring an applicant to specify in an application the location, depth, maximum pumping capacity, maximum rate of flow, and ultimate use of a proposed high capacity well) and 281.34 (2d) of the statutes first applies to an application filed on the effective date of this paragraph.

AB477-ASA1,26,23 (c) The treatment of sections 281.34 (4g), (5) (f) 2. a., and (7m) (m) and (n) of the statutes does not apply to an application filed by the effective date of this paragraph but not approved, conditionally approved, or denied by the department by the effective date of this paragraph if all of the following apply:

AB477-ASA1,26,25 1. The application is for a high capacity well in an area described under section 281.34 (7m) (ar) of the statutes, as affected by this act.

AB477-ASA1,27,5 2. A voluntary or required environmental review of the application that follows the process under section 1.11 of the statutes has been started before the effective date of this subdivision, and the environmental review includes or will include an analysis of the impacts of all wells and withdrawals that are part of the same project for which the application is submitted.

AB477-ASA1,27,11 3. The applicant notifies the department in writing within 30 days after the effective date of this subdivision that the applicant elects to have the review and approval process described under section 281.34 (5) (b) of the statutes, as affected by this act, apply to its application. In reviewing an application as provided under this subdivision, the department shall consider the impacts of all wells and withdrawals that are part of the same project for which the application is submitted.

AB477-ASA1,27,12 (End)