LRBs0399/1
MCP:cjs/ahe/amn
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 239
March 11, 2016 - Offered by Senator
Gudex.
SB239-SSA2,1,5
1An Act to amend 281.34 (2); and
to create 281.34 (1) (ek), 281.34 (2g) and 281.34
2(7m) of the statutes;
relating to: replacement, reconstruction, and transfer of
3an approved high capacity well, recommendation of special groundwater
4measures by the Department of Natural Resources, and metering
5requirements and grants for certain high capacity wells.
Analysis by the Legislative Reference Bureau
This substitute amendment makes certain changes to the laws regulating high
capacity wells, which are wells that, together with all other wells on the same
property, have the capacity to withdraw more than 100,000 gallons of water per day.
Activities exempt from approval
Current law requires a person to obtain approval from the Department of
Natural Resources before constructing or operating a high capacity well. This
substitute amendment provides that no additional approval is needed for the owner
of an approved high capacity well to 1) repair or maintain the well, 2) construct a
replacement high capacity well, if the replacement well's purpose is to prevent
contamination or if the replacement well will be substantially the same depth as and
either within a 75-foot radius of the existing well or farther from the nearest
groundwater protection area than the existing well, 3) reconstruct the existing well
to substantially the same depth and specifications as the existing well, or 4) transfer
the approval at the same time as the owner transfers the land on which the approved
high capacity well is located. No additional fee is required for any of these actions,
but the owner of the existing approved high capacity well must notify DNR of any
replacement, reconstruction, or transfer. The owner may not take any of these
actions if they would be inconsistent with the standards or conditions of the existing
high capacity well approval, and the standards and conditions of the approval
continue to apply after any of these actions are taken.
Designated study area
This substitute amendment also requires DNR to evaluate and model the
hydrology of Pleasant Lake in Waushara County and the Fourteenmile Creek
Watershed, the Mecan River Watershed, and the Pine River and Willow Creek
Watershed, located in parts of Adams, Green Lake, Juneau, Marquette, Portage,
Waupaca, Waushara, Winnebago, and Wood counties (the designated study area).
DNR must begin its study of this area within one year after the effective date of the
substitute amendment. If DNR determines that special measures relating to
existing and potential groundwater withdrawal are necessary in all or part of that
area to prevent or remedy a significant reduction of a navigable stream's or navigable
lake's rate of flow or water level below its average seasonal levels, DNR must issue
a decision on whether it recommends that the legislature adopt, by statute, special
measures relating to groundwater withdrawal in all or part of that area. DNR must
hold a public hearing on its decision. Following the public hearing, the substitute
amendment requires DNR to submit a report to the legislature describing what
special measures, if any, it recommends that the legislature adopt in all or part of the
designated study area. DNR must submit this report within three years after
beginning its study of the designated study area.
The substitute amendment requires the owner of a new high capacity well
located in the designated study area, or an owner who replaces, reconstructs, or
transfers ownership of a high capacity well located in the designated study area, to
provide, with the annual pumping report that it submits to DNR, readings from a
water meter showing the well's water usage.
The substitute amendment also permits DNR to provide a qualified lake
association or lake district with an approval to construct a high capacity well for the
purpose of providing water to a lake located in the designated study area to assist
DNR in evaluating and modeling the hydrology of that area, if DNR determines that
the lake's water level has been significantly reduced below its average seasonal
levels. Under the substitute amendment, DNR must waive the application fee and
expedite the review and approval process for an application submitted by a qualified
lake association or lake district, and may not issue an approval if it determines that
providing water from the proposed high capacity well to a lake is likely to result in
a violation of water quality standards for that lake. DNR must also develop and
administer a financial assistance program to provide grants to qualified lake
associations and lake districts to construct high capacity wells for this purpose.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB239-SSA2,1
1Section
1. 281.34 (1) (ek) of the statutes is created to read:
SB239-SSA2,3,32
281.34
(1) (ek) "Reconstruct" means to modify original construction including
3deepening, lining, installing or replacing a screen, and underreaming.
SB239-SSA2,2
4Section
2. 281.34 (2) of the statutes is amended to read:
SB239-SSA2,3,105
281.34
(2) Approval required for high capacity wells. An Except as provided
6under sub. (2g), an owner shall apply to the department for approval before
7construction of a high capacity well begins.
No
Except as provided under sub. (2g),
8no person may construct or withdraw water from a high capacity well without the
9approval of the department under this section or under s. 281.17 (1), 2001 stats. An
10owner applying for approval under this subsection shall pay a fee of $500.
SB239-SSA2,3
11Section
3. 281.34 (2g) of the statutes is created to read:
SB239-SSA2,3,1612
281.34
(2g) Repair, replacement, reconstruction, and transfer of ownership
13of an approved high capacity well. (a) Except as provided in par. (e), if an existing
14high capacity well has been approved under this section or under s. 281.17 (1), 2001
15stats., the owner of that well may take any of the following actions without obtaining
16an additional approval under this section:
SB239-SSA2,3,1717
1. Repair and maintain the existing high capacity well.
SB239-SSA2,4,218
2. Construct a new high capacity well to replace the existing high capacity well
19if the new high capacity well will be constructed in accordance with department
20standards that apply to the construction of new high capacity wells on the date that
21construction of the replacement high capacity well begins, if the existing high
1capacity well is filled and sealed as provided in rules promulgated by the
2department, and if any of the following applies:
SB239-SSA2,4,53
a. The purpose of replacement is to remedy or prevent contamination. The
4owner of the well shall submit documentation of the contamination to the
5department in the manner and form required by the department.
SB239-SSA2,4,106
b. The replacement high capacity well will be drilled to substantially the same
7depth as the existing high capacity well and either will be located within a 75-foot
8radius of the existing high capacity well or will be located farther from the nearest
9groundwater protection area than the existing high capacity well and not be located
10within any other groundwater protection area.
SB239-SSA2,4,1311
3. Reconstruct the existing high capacity well, if the reconstructed high
12capacity well is constructed to substantially the same depth and specifications as the
13existing high capacity well.
SB239-SSA2,4,1514
4. Transfer the approval, concurrent with transferring the land on which the
15approved high capacity well is located, to the person to whom the land is transferred.
SB239-SSA2,4,1616
(b) The department may not impose a fee for any action under this subsection.
SB239-SSA2,4,2117
(c) No later than 90 days after taking any action under par. (a) 2., 3., or 4. the
18owner of the high capacity well shall notify the department of the action taken on a
19form prescribed by the department. For any action taken under par. (a) 2. the owner
20shall, on the same form, notify the department of the location of the replacement high
21capacity well and the method by which the existing well was filled and sealed.
SB239-SSA2,4,2422
(d) Except as provided in sub. (7), the conditions of the existing high capacity
23well approval continue to apply after an owner takes any of the actions under par.
24(a).
SB239-SSA2,5,2
1(e) An owner of a well may not take an action under par. (a) if the action would
2be inconsistent with the conditions of the existing high capacity well approval.
SB239-SSA2,4
3Section
4. 281.34 (7m) of the statutes is created to read:
SB239-SSA2,5,44
281.34
(7m) Designated study area. (a) In this subsection:
SB239-SSA2,5,95
1. "Designated study area" means the area made up of the Fourteenmile Creek
6Watershed in Adams, Juneau, Portage, Waushara, and Wood counties, the Mecan
7River Watershed in Green Lake, Marquette, and Waushara counties, and the Pine
8River and Willow Creek Watershed in Waupaca, Waushara, and Winnebago
9counties.
SB239-SSA2,5,1110
2. "Qualified lake association" means an association that meets the
11qualifications under s. 281.68 (3m) (a).
SB239-SSA2,5,2412
(am) The department shall evaluate and model the hydrology of Pleasant Lake
13in Waushara County and any other navigable stream or navigable lake located in the
14designated study area for which the department seeks to determine whether existing
15and potential groundwater withdrawals are causing or are likely to cause a
16significant reduction of the navigable stream's or navigable lake's rate of flow or
17water level below its average seasonal levels. The department may request, under
18s. 13.10, the joint committee on finance to provide funding and positions for the
19evaluation and modeling under this paragraph. The evaluation under this
20paragraph shall include all relevant factors that may affect groundwater and water
21levels and rates of flow of navigable waters, including topography, ground cover,
22annual and seasonal variations in precipitation, and plant life. The department
23shall begin the evaluation and modeling under this paragraph no later than one year
24after the effective date of this paragraph .... [LRB inserts date].
SB239-SSA2,6,10
1(b) If upon conclusion of the evaluation and modeling of the area under par.
2(am) the department determines that special measures relating to existing and
3potential groundwater withdrawal are necessary in all or part of that area to prevent
4or remedy a significant reduction of a navigable stream's or navigable lake's rate of
5flow or water level below its average seasonal levels, the department shall issue a
6decision on whether it recommends that the legislature adopt, by statute, special
7measures relating to groundwater withdrawal in all or part of that area. If the
8department issues a decision recommending that the legislature adopt, by statute,
9special measures relating to groundwater withdrawal in all or part of that area, the
10decision shall contain all of the following information:
SB239-SSA2,6,1411
1. A description of the extent to which the department has determined that
12cumulative groundwater withdrawals in all or part of the area cause, or are expected
13to cause, a significant reduction of a navigable stream's or navigable lake's rate of
14flow or water level below its average seasonal levels.
SB239-SSA2,6,2215
1m. A description of the concrete scientific information that the department
16used to establish that there is a hydrologic connection between the groundwater in
17all or part of the area and the navigable waters in all or part of the area and a causal
18relationship between groundwater withdrawal in all or part of the area and an
19existing or potential significant reduction of a navigable stream's or navigable lake's
20rate of flow or water level below its average seasonal levels, and the degree to which
21the department verified the connection and causal relationship by the use of field
22work or field study.
SB239-SSA2,7,523
2. A description of the geographical boundaries of the area to which the
24department recommends special measures relating to groundwater withdrawal
25should apply. The department shall identify in the description the specific navigable
1water or part of the navigable water that is or may be affected by cumulative
2groundwater withdrawals and shall identify the location of the groundwater
3withdrawals that the department has determined are causing or may cause a
4significant reduction of a navigable stream's or navigable lake's rate of flow or water
5level below its average seasonal levels.
SB239-SSA2,7,96
3. Any proposed special measures in the area described under subd. 2. that the
7department recommends that the legislature adopt, by statute, to prevent or remedy
8a significant reduction of a navigable stream's or navigable lake's rate of flow or
9water level below its average seasonal levels.
SB239-SSA2,7,1210
4. An economic impact analysis of the economic effect of the special measures
11recommended under subd. 3. on specific businesses, business sectors, public utility
12ratepayers, local governmental units, and the state's economy as a whole.
SB239-SSA2,7,1713
(c) The department shall hold a public informational hearing to solicit
14comments on the department's decision under par. (b). The department shall give
15notice of the hearing to each person who owns land in the area that would be affected
16by the proposed special measures under par. (b) 3. and to each owner of a well in that
17area if the well owner has notified the department of the location of that well.
SB239-SSA2,7,2518
(f) After holding the public hearing under par. (c), the department shall prepare
19a report on whether it recommends that the legislature adopt, by statute, special
20measures relating to groundwater withdrawal in the area described in its decision
21under par. (b) 2. No later than 3 years after beginning the evaluation and modeling
22under par. (am), the department shall submit the report to the joint committee on
23finance and to the chief clerk of each house of the legislature, for distribution under
24s. 13.172 (3) to the appropriate legislative standing committees generally
25responsible for legislation related to environmental issues.
SB239-SSA2,8,12
1(g) If the department recommends in its report submitted under par. (f) that
2the legislature adopt, by statute, special measures relating to groundwater
3withdrawal in the area described in its decision under par. (b) 2., the department
4shall prepare an additional report specifying the special measures relating to
5groundwater withdrawal in that area that the department recommends that the
6legislature adopt, by statute, to prevent or remedy a significant reduction of a
7navigable stream's or navigable lake's rate of flow or water level below its average
8seasonal levels. No later than 3 years after beginning the evaluation and modeling
9under par. (am), the department shall submit the report to the joint committee on
10finance and to the chief clerk of each house of the legislature, for distribution under
11s. 13.172 (3) to the appropriate legislative standing committees generally
12responsible for legislation related to environmental issues.
SB239-SSA2,8,1613
(gm) Neither a decision of the department under par. (b) nor a recommendation
14of the department under par. (f) are final decisions. Notwithstanding ss. 227.42 (1)
15and ss. 227.52, no person is entitled to administrative or judicial review of a
16department decision under par. (b) or a department recommendation under par. (f).
SB239-SSA2,8,2117
(h) The special measures relating to groundwater withdrawal recommended
18by the department under par. (b) 3. or par. (g) shall not be effective unless adopted
19by the legislature by statute. Notwithstanding par. (m), nothing in this subsection
20shall affect the department's review of applications and issuance of approvals for
21high capacity wells located in the area studied under par. (am).
SB239-SSA2,9,322
(L) The owner of a high capacity well that is constructed in the area studied
23under par. (am) after the effective date of this paragraph .... [LRB inserts date], or
24who takes any of the actions described in sub. (2g) 2. to 4. in the area studied under
25par. (am) after the effective date of this paragraph .... [LRB inserts date], shall
1provide to the department, with the owner's annual pumping report under sub. (5)
2(e) 2., readings of a water meter showing the volume of water usage of that high
3capacity well in gallons.
SB239-SSA2,9,184
(m) 1. The department may issue an approval under this section to a qualified
5lake association or lake district to construct and operate a new high capacity well,
6or to operate an existing approved high capacity well, for the sole purpose of
7providing water to a lake that is located wholly or partially in the area studied under
8par. (am) to assist the department in evaluating and modeling the hydrology of that
9area under par. (am), if the department determines that the lake's water level has
10been significantly reduced below its average seasonal levels. For any approval
11application submitted by a qualified lake association or lake district under this
12paragraph, the department shall waive the application fee under sub. (2), expedite
13the review and approval process to the greatest extent possible, and include, as a
14condition of the approval, a limit on the water level of the lake that may be reached
15as a result of the water provided by the proposed well. The department may not issue
16an approval to a qualified lake association or lake district under this paragraph if it
17determines that providing water from the proposed high capacity well to a lake is
18likely to result in a violation of a water quality standard under s. 281.15 for that lake.
SB239-SSA2,9,2419
2. The department shall develop and administer a financial assistance
20program to provide assistance to qualified lake associations and lake districts for all
21or part of the cost of constructing or operating an approved high capacity well under
22this paragraph. The financial assistance program shall include provisions relating
23to cost-sharing from qualified lake associations and lake districts receiving
24assistance under the program.
SB239-SSA2,10,3
13. The department shall consider, in its evaluation and modeling under par.
2(am), the effects of the groundwater withdrawal and the supply of water to a lake
3resulting from any high capacity well constructed under this paragraph.
SB239-SSA2,10,64
(n) Paragraphs (L) and (m) cease to apply in, and, notwithstanding sub. (7),
5approvals shall expire that were issued under par. (m) in, any part of the area studied
6under par. (am) to which any of the following applies: