SB239-SSA3,11,97 5. For an approval of a high capacity well issued on or after January 1, 2010,
8and before the effective date of this subdivision .... [LRB inserts date], 16 years from
9the effective date of this subdivision .... [LRB inserts date].
SB239-SSA3,19 10Section 19. 281.34 (7) (c) of the statutes is created to read:
SB239-SSA3,11,1511 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3)
12takes effect for a groundwater management area designated under s. 281.341 (2), the
13department shall review, for consistency with the ground water management plan,
14approvals for high capacity wells in the groundwater management area that were
15issued under this section or under s. 281.17 (1), 2001 stats. before the plan took effect.
SB239-SSA3,11,2016 2. After conducting the review under subd. 1. for a groundwater management
17area designated under s. 281.341 (2), the department may periodically review, for
18consistency with the ground water management plan, the approvals under this
19section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater
20management area.
SB239-SSA3,11,2521 3. The department may modify the approval under this section or under s.
22281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as
23necessary to ensure that the high capacity well is consistent with the groundwater
24management plan for the groundwater management area in which the high capacity
25well is located.
SB239-SSA3,20
1Section 20. 281.34 (9) of the statutes is repealed.
SB239-SSA3,21 2Section 21. 281.341 of the statutes is created to read:
SB239-SSA3,12,4 3281.341 Groundwater management areas. (1) Definitions. In this
4section:
SB239-SSA3,12,55 (a) "Aquitard" means a geologic formation having low permeability.
SB239-SSA3,12,96 (b) "Baseflow" means the sustained flow of a stream, principally by
7groundwater discharge, in the absence of direct runoff, calculated as the 7-day low
8flow that occurs on an average of once in every 10 years, or as determined by the
9department using other statistical measures.
SB239-SSA3,12,1110 (bm) "Chief executive" means the county executive or, if a county does not have
11a county executive, the chairperson of the county board of supervisors.
SB239-SSA3,12,1312 (c) "Confined aquifer" means a water bearing geologic formation that is
13bounded on its upper surface by an aquitard.
SB239-SSA3,12,1414 (d) "Council" means the groundwater coordinating council.
SB239-SSA3,12,1615 (e) "Council subcommittee" means the groundwater area review subcommittee
16of the groundwater coordinating council, as created under s. 160.50 (2) (b).
SB239-SSA3,12,1717 (em) "High capacity well" has the meaning given in s. 281.34 (1) (b).
SB239-SSA3,12,1818 (f) "Potentiometric surface" has the meaning given in s. 281.34 (1) (e).
SB239-SSA3,12,2119 (g) "Sustainable hydrologic conditions" means the balance between
20groundwater consumption and groundwater replenishment so that there are no
21significant adverse environmental impacts to surface water or groundwater.
SB239-SSA3,12,2422 (h) "Target date" means a date by which it is reasonable to expect that the
23groundwater management area will no longer qualify for designation as a
24groundwater management area.
SB239-SSA3,13,2
1(i) "Unconfined aquifer" means a water bearing geologic formation that is not
2bounded on its upper surface by an aquitard.
SB239-SSA3,13,6 3(2) Groundwater management area designation. (a) The department may, by
4rule, designate an area as a groundwater management area if the council forwards
5a conclusion to the department under par. (e) that the area qualifies for designation
6as a groundwater management area.
SB239-SSA3,13,87 (b) An area with a confined aquifer qualifies for designation as a groundwater
8management area if any of the following applies:
SB239-SSA3,13,119 1. The groundwater potentiometric surface of the confined aquifer has been
10reduced 150 feet or more from the level at which the potentiometric surface would
11be if no groundwater had been pumped from the area.
SB239-SSA3,13,1412 2. The groundwater potentiometric surface of the confined aquifer has been
13reduced to less than 20 feet above the top of the aquitard bounding the upper surface
14of the confined aquifer.
SB239-SSA3,13,1615 3. The static water level in the majority of the wells that pump water from the
16confined aquifer is below the bottom of the confined aquifer's bounding aquitard.
SB239-SSA3,13,1817 4. The groundwater potentiometric surface of the confined aquifer is declining
18at a rate exceeding 5 feet per year averaged over a 10-year period.
SB239-SSA3,13,1919 5. The department has initiated an action under s. 30.03 (4) relating to the area.
SB239-SSA3,13,2120 (c) An area with an unconfined aquifer qualifies for designation as a
21groundwater management area if any of the following applies:
SB239-SSA3,13,2522 1. The baseflow of the streams in the area has declined more than 10 percent
23from what the baseflow of the streams would be if no groundwater had been pumped
24from the area and that decline has resulted in significant adverse environmental
25impact, as defined in s. 281.34 (1) (er).
SB239-SSA3,14,2
12. The water table elevation of the unconfined aquifer is declining at a rate
2exceeding 1 foot per year averaged over a 10-year period.
SB239-SSA3,14,53 3. The withdrawal of groundwater in the area has caused a decline in the water
4table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as
5determined by use of groundwater flow modeling.
SB239-SSA3,14,66 4. The department has initiated as action under s. 30.03 (4) relating to the area.
SB239-SSA3,14,207 (d) The council subcommittee shall meet regularly to examine areas that may
8qualify for designation as groundwater management areas under this subsection
9and shall forward its conclusions to the council. Any person may file a petition with
10the department requesting consideration of an area for designation as a
11groundwater management area, which the department shall promptly forward to
12the council subcommittee, and which the council subcommittee shall examine. The
13council subcommittee's conclusions shall include a delineation of the geographic
14boundaries of the areas examined. If the council subcommittee concludes that an
15area qualifies for designation as a groundwater management area under this
16subsection, the council subcommittee's conclusion shall include a proposed target
17date and sustainable hydrologic conditions for the area. Before examining any other
18area, the council subcommittee shall examine the following areas to determine
19whether they qualify for designation as groundwater management areas under this
20subsection and shall forward the council subcommittee's conclusion to the council:
SB239-SSA3,14,2221 1. The 2 groundwater management areas designated under s. 281.34 (9), 2013
22stats.
SB239-SSA3,14,2323 2. The area known as the central sands region.
SB239-SSA3,15,524 (e) If the council subcommittee forwards a conclusion to the council under par.
25(d) that an area qualifies as a groundwater management area and if the council

1concurs with that conclusion, the council shall recommend that the department
2designate the area as a groundwater management area. The council's
3recommendation under this paragraph shall include a delineation of the geographic
4boundaries of, and a proposed target date and sustainable hydrologic conditions for,
5the proposed groundwater management area.
SB239-SSA3,15,96 (f) If the department promulgates a rule designating an area as a groundwater
7management area as authorized under par. (a), the department shall, not later than
890 days after the rule is promulgated, establish a target date and sustainable
9hydrologic conditions for the area.
SB239-SSA3,15,1410 (g) 1. After the target date established under par. (f) for an area, the council
11subcommittee shall consider whether the area still qualifies as a groundwater
12management area under this subsection. If the council subcommittee concludes that
13the area no longer qualifies as a groundwater management area, it shall forward that
14conclusion to the council.
SB239-SSA3,15,1815 2. If the council subcommittee forwards a conclusion under subd. 1. that an
16area no longer qualifies as a groundwater management area and if the council
17concurs with that conclusion, the council may recommend that the department
18rescind the designation of the area as a groundwater management area.
SB239-SSA3,15,2219 3. The department may rescind the designation of an area as a groundwater
20management area, by repealing the rule designating an area as a groundwater
21management area, if the council recommends under subd. 2. that the department
22rescind the designation of the area as a groundwater management area.
SB239-SSA3,16,2 23(3) Groundwater management planning for groundwater management area.
24(a) Subject to pars. (b) and (c), upon the designation under sub. (2) (a) of a

1groundwater management area, the department shall develop and adopt a
2groundwater management plan for the groundwater management area.
SB239-SSA3,16,113 (b) The department, in preparing the groundwater management plan, shall
4appoint and consult with a technical advisory committee and a citizens advisory
5committee. The department shall select members of the technical advisory
6committee who have technical expertise in the area of groundwater science and
7management. The department shall select members of the citizens advisory
8committee who represent a variety of water users, persons interested in water issues,
9and governmental bodies in the groundwater management area, including
10municipal, agricultural, industrial, and commercial water users and conservation
11groups.
SB239-SSA3,16,1712 (c) The department shall design the groundwater management plan to protect
13surface water and groundwater, to ensure that the groundwater management area
14will no longer qualify for designation as a groundwater management area by the
15target date established under sub. (2) (f), and to achieve the sustainable hydrologic
16conditions established under sub. (2) (f), and shall include all of the following in the
17groundwater management plan:
SB239-SSA3,16,1818 1. Measurable goals.
SB239-SSA3,16,2119 2. Requirements for the county or counties to report to the department,
20including requirements to report progress toward achieving the sustainable
21hydrologic conditions established under sub. (2) (f).
SB239-SSA3,16,2222 3. Opportunities for public participation in the implementation of the plan.
SB239-SSA3,16,2323 4. Water conservation measures.
SB239-SSA3,16,2524 5. Any other provision that the department determines is necessary to meet the
25sustainable hydrologic conditions established under sub. (2) (f).
SB239-SSA3,22
1Section 22. 281.344 (4s) (dm) of the statutes is amended to read:
SB239-SSA3,17,82 281.344 (4s) (dm) Requiring individual permit. The department may require
3a person who is making or proposes to make a withdrawal that averages 100,000
4gallons per day or more in any 30-day period, but that does not equal at least
51,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
6under sub. (5) if the withdrawal is located in a groundwater protection area, as
7defined in s. 281.34 (1) (a), or a groundwater management area designated under s.
8281.34 (9) or 281.341 (2).
SB239-SSA3,23 9Section 23 . 281.344 (4s) (dm) of the statutes, as affected by 2015 Wisconsin
10Acts 177
and .... (this act), is amended to read:
SB239-SSA3,17,1711 281.344 (4s) (dm) Requiring individual permit. The department may require
12a person who is making or proposes to make a withdrawal that averages 100,000
13gallons per day or more in any 30-day period, but that does not equal at least
141,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
15under sub. (5) if the withdrawal is located in a groundwater protection area, as
16defined in s. 281.34 (1) (am), or a groundwater management area designated under
17s. 281.34 (9) or 281.341 (2).
SB239-SSA3,24 18Section 24. 281.346 (4s) (dm) of the statutes is amended to read:
SB239-SSA3,17,2519 281.346 (4s) (dm) Requiring individual permit. The department may require
20a person who is making or proposes to make a withdrawal that averages 100,000
21gallons per day or more in any 30-day period, but that does not equal at least
221,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
23under sub. (5) if the withdrawal is located in a groundwater protection area, as
24defined in s. 281.34 (1) (a), or a groundwater management area designated under s.
25281.34 (9) or 281.341 (2).
SB239-SSA3,25
1Section 25 . 281.346 (4s) (dm) of the statutes, as affected by 2015 Wisconsin
2Acts 177
and .... (this act), is amended to read:
SB239-SSA3,18,93 281.346 (4s) (dm) Requiring individual permit. The department may require
4a person who is making or proposes to make a withdrawal that averages 100,000
5gallons per day or more in any 30-day period, but that does not equal at least
61,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
7under sub. (5) if the withdrawal is located in a groundwater protection area, as
8defined in s. 281.34 (1) (am), or a groundwater management area designated under
9s. 281.34 (9) or 281.341 (2).
SB239-SSA3,26 10Section 26. 281.346 (8) (cm) of the statutes is created to read:
SB239-SSA3,18,1511 281.346 (8) (cm) Withdrawals in groundwater management areas. 1. The
12department shall include requirements for water conservation in any approval
13under s. 30.18 (2) (a) or 281.41 if the withdrawal is in a groundwater management
14area designated under s. 281.341 (2) for which a groundwater management plan
15under s. 281.341 (3) is in effect.
SB239-SSA3,18,2016 2. In any approval under this section or s. 30.18 (2) or 281.41 for a withdrawal
17in a groundwater management area designated under s. 281.341 (2) for which a
18groundwater management plan under s. 281.341 (3) is in effect, the department shall
19ensure that the requirements for water conservation included in the approval are
20consistent with the groundwater management plan.
SB239-SSA3,27 21Section 27. 281.346 (12) (a) of the statutes is amended to read:
SB239-SSA3,19,222 281.346 (12) (a) A person who has a water supply system with the capacity to
23make a withdrawal from the waters of the state averaging 100,000 gallons per day
24or more in any 30-day period shall pay to the department an annual fee of $125 $250,
25except that the department may promulgate a rule specifying a different amount and

1except that, notwithstanding the department's rule-making authority, no person is
2required to pay more than $1,000 per year under this paragraph.
SB239-SSA3,28 3Section 28. 281.346 (12) (b) of the statutes is amended to read:
SB239-SSA3,19,74 281.346 (12) (b) In addition to the fee under par. (a), a person who withdraws
5from the Great Lakes basin more than 50,000,000 gallons per year from the waters
6of the state
shall pay to the department an annual fee in an amount specified under
7par. (c).
SB239-SSA3,29 8Section 29 . 281.348 (3) (cm) of the statutes is amended to read:
SB239-SSA3,19,219 281.348 (3) (cm) For the purposes of plans under par. (a), an areawide water
10quality planning agency designated by the governor under ch. NR 121, Wis. Adm.
11Code, shall delineate the proposed water supply service areas for all of the public
12water supply systems in the planning area for which the agency is designated. An
13areawide water quality planning agency shall delineate proposed water supply
14service areas that are consistent with the approved areawide water quality
15management plan under s. 283.83 for the planning area and that permit the
16development of plans that are approvable under par. (d). An areawide water quality
17planning agency may also provide regional water needs assessments and other
18regional water supply planning information. The process for conducting regional
19activities under this subsection may be the same as the process for regional water
20supply planning for a groundwater management area designated under s. 281.34 (9)
21or 281.341 (2).
SB239-SSA3,30 22Section 30 . 281.348 (3) (cm) of the statutes, as affected by 2015 Wisconsin Act
23.... (this act), is amended to read:
SB239-SSA3,20,1124 281.348 (3) (cm) For the purposes of plans under par. (a), an areawide water
25quality planning agency designated by the governor under ch. NR 121, Wis. Adm.

1Code, shall delineate the proposed water supply service areas for all of the public
2water supply systems in the planning area for which the agency is designated. An
3areawide water quality planning agency shall delineate proposed water supply
4service areas that are consistent with the approved areawide water quality
5management plan under s. 283.83 for the planning area and that permit the
6development of plans that are approvable under par. (d). An areawide water quality
7planning agency may also provide regional water needs assessments and other
8regional water supply planning information. The process for conducting regional
9activities under this subsection may be the same as the process for regional water
10supply planning for a groundwater management area designated under s. 281.34 (9)
11or
281.341 (2).
SB239-SSA3,31 12Section 31. Nonstatutory provisions.
SB239-SSA3,20,2013 (1) Report on Internet-based system development. No later than the first day
14of the 13th month beginning after the effective date of this subsection, the
15department of natural resources shall submit to the legislature, in the manner
16provided in section 13.172 (2) of the statutes, a report on the department's efforts to
17develop an Internet-based system that prospective applicants for the approval of a
18high capacity well may use to estimate the likely environmental impact of the
19proposed withdrawal, and a discussion of the department's needs for completing and
20maintaining that system.
SB239-SSA3,32 21Section 32. Effective date. This act takes effect on the day after publication,
22except as follows:
SB239-SSA3,21,223 (1) The treatment of sections 20.370 (6) (eg), 281.34 (9), 281.344 (4s) (dm) (by
24Section 23), 281.346 (4s) (dm) (by Section 25 ), and 281.384 (3) (cm) (by Section 30 )

1of the statutes takes effect on the first day of the 25th month beginning after
2publication.
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