Amendment SSA3-SB239

This substitute amendment includes monitoring as one of the examples of potential conditions that may be included in such an approval. This substitute amendment also provides that, in any high capacity well approval, DNR may require the well owner to implement a monitoring program to evaluate the impacts of the well, and may modify the approval based on the results of that monitoring program.

Current law provides that a high capacity well approval, or application for approval, cannot be challenged based on DNR's lack of consideration of the cumulative impacts of the proposed well and existing wells. This substitute amendment requires DNR, when considering whether a high capacity well may have a significant adverse environmental impact on waters of the state, to consider the cumulative impacts of that high capacity well together with existing withdrawals.

Under current law, a high capacity well approval generally remains in effect indefinitely, unless modified or rescinded by DNR. This substitute amendment provides that an approval issued after the effective date of the substitute amendment may not remain in effect for more than ten years. An approval issued prior to the effective date of the substitute amendment remains in effect for a longer period, depending on how long before the effective date of the substitute amendment it was issued.

High capacity wells in groundwater management areas

Under this substitute amendment, after DNR develops a groundwater management plan for a groundwater management area, DNR may not approve a high capacity well in the groundwater management area unless the high capacity well is consistent with the groundwater management plan.

This substitute amendment also requires DNR, after it develops a groundwater management plan, to review approvals for high capacity wells in the groundwater management area that were issued before the plan went into effect. The substitute amendment authorizes DNR to modify such approvals to ensure that they are consistent with the groundwater management plan.

Fees for certain withdrawals

Current law imposes an annual fee of $125 on a person whose water supply system has the capacity to withdraw an average of 100,000 gallons per day in any 30-day period from the waters of the state. This substitute amendment increases that annual fee to $250.

DNR has also established, by rule, water use fees for users who withdraw more than 50,000,000 gallons per year from the Great Lakes basin. This substitute amendment directs DNR to establish such fees for users who withdraw more than 50,000,000 gallons per year from the waters of the state.

Other provisions

This substitute amendment also requires DNR to include water conservation requirements in the approvals, required under current law, for certain surface water withdrawals, if the withdrawal is in a groundwater management area, and requires those conservation requirements to be consistent with the groundwater management plan for the groundwater management area.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB239-SSA3,1 Section 1. 20.370 (6) (eg) of the statutes is amended to read:

SB239-SSA3,5,5 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation under s. 281.34 (8) (d) and (9) (d) and funding to local governmental units under s. 281.34 (9) (b).

SB239-SSA3,2 Section 2. 160.50 (2) of the statutes is renumbered 160.50 (2) (a).

SB239-SSA3,3 Section 3. 160.50 (2) (b) of the statutes is created to read:

SB239-SSA3,5,11 160.50 (2) (b) The groundwater coordinating council shall create a subcommittee on groundwater area review. The subcommittee shall be composed of individuals with technical expertise in the area of groundwater science and management.

SB239-SSA3,4 Section 4. 281.34 (1) (er) of the statutes is created to read:

SB239-SSA3,6,4 281.34 (1) (er) "Significant adverse environmental impact" means alteration of groundwater levels, groundwater discharge, surface water levels, surface water discharge, groundwater temperature, surface water temperature, groundwater chemistry, surface water chemistry, or other factors to the extent that those alterations cause significant degradation of environmental quality, including biological and ecological aspects of the affected water resource.

SB239-SSA3,5 Section 5. 281.34 (1) (f) of the statutes is repealed.

SB239-SSA3,6 Section 6. 281.34 (2s) of the statutes is created to read:

SB239-SSA3,6,10 281.34 (2s) Public notice. The department shall require an applicant for approval of a high capacity well to provide notice of the application to interested members of the public by publication as a class 1 notice under ch. 985. In the notice, the applicant shall identify the owner and location of the high capacity well.

SB239-SSA3,7 Section 7. 281.34 (4) (a) 3. of the statutes is amended to read:

SB239-SSA3,6,13 281.34 (4) (a) 3. A high capacity well that may have a significant adverse environmental impact on a spring waters of the state.

SB239-SSA3,8 Section 8. 281.34 (5) (a) of the statutes is amended to read:

SB239-SSA3,6,23 281.34 (5) (a) Public water supply. If the department determines that a proposed high capacity well may impair the water supply of a public utility engaged in furnishing water to or for the public, the department may not approve the high capacity well unless it is able to include and includes conditions in the approval conditions to ensure that the water supply of the public utility will not be impaired, which may include conditions as to location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that will ensure that the water supply of the public utility will not be impaired and any other condition the department determines is necessary.

SB239-SSA3,9 Section 9. 281.34 (5) (b) 1. and 2. of the statutes are amended to read:

SB239-SSA3,7,10 281.34 (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 conditions in the approval conditions to ensure that the high capacity well does not cause significant adverse environmental impact, which may include conditions as to location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact and any other condition the department determines is necessary.

SB239-SSA3,7,20 2. Subdivision 1. does not apply to a proposed high capacity well that is located in a groundwater protection area 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 conditions in the approval conditions to ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety, which may include conditions as to location, depth, pumping capacity, rate of flow, monitoring, 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 and any other condition the department determines is necessary.

SB239-SSA3,10 Section 10. 281.34 (5) (c) of the statutes is amended to read:

SB239-SSA3,8,6 281.34 (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, the department may not approve the high capacity well unless it is able to include and includes conditions in the approval conditions to ensure that the high capacity well does not cause significant adverse environmental impact, which may include conditions as to location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact and any other condition the department determines is necessary.

SB239-SSA3,11 Section 11. 281.34 (5) (d) of the statutes is amended to read:

SB239-SSA3,8,18 281.34 (5) (d) Impact on a spring waters of the state. 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 spring waters of the state, the department may not approve the high capacity well unless it is able to include and includes conditions in the approval conditions to ensure that the high capacity well does not cause significant adverse environmental impact, which may include conditions as to location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact and any other condition the department determines is necessary.

SB239-SSA3,9,4 2. Subdivision 1. does not apply to a proposed high capacity well that may have a significant adverse environmental impact on a spring waters of the state 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 conditions in the approval conditions to ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety, which may include conditions as to location, depth, pumping capacity, rate of flow, monitoring, 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 and any other condition the department determines is necessary.

SB239-SSA3,12 Section 12. 281.34 (5) (ds) of the statutes is created to read:

SB239-SSA3,9,9 281.34 (5) (ds) Groundwater management plan. If a 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) in effect, the department may not approve the high capacity well unless it is consistent with that plan.

SB239-SSA3,13 Section 13. 281.34 (5) (e) 3. of the statutes is created to read:

SB239-SSA3,9,15 281.34 (5) (e) 3. The department may include in the approval for a high capacity well conditions requiring the owner to implement a monitoring program to evaluate environmental impacts caused by operation of the high capacity well, and to submit the results of the monitoring program to the department. The department may modify the approval based on the results of the monitoring program.

SB239-SSA3,14 Section 14. 281.34 (5m) of the statutes is renumbered 281.34 (5m) (a) and amended to read:

SB239-SSA3,9,23 281.34 (5m) (a) No person may challenge an approval, or an application for approval, of a When determining whether a high capacity well based on the lack of consideration of or proposed high capacity well may have a significant adverse environmental impact on the waters of the state, the department shall consider the cumulative environmental impacts of that high capacity well together with existing wells withdrawals.

SB239-SSA3,15 Section 15. 281.34 (7) (title) of the statutes is amended to read:

SB239-SSA3,10,2 281.34 (7) (title) Modifying and rescinding Duration, modification, and rescission of approvals for high capacity wells.

SB239-SSA3,16 Section 16. 281.34 (7) of the statutes is renumbered 281.34 (7) (b) (intro.) and amended to read:

SB239-SSA3,10,11 281.34 (7) (b) (intro.) The An approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats. prior to the effective date of this paragraph .... [LRB inserts date], remains in effect for the following periods unless the department modifies or rescinds the approval under par. (c) 3. or sub. (5) (e) 3., or 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.:

SB239-SSA3,17 Section 17. 281.34 (7) (a) of the statutes is created to read:

SB239-SSA3,10,18 281.34 (7) (a) An approval of a high capacity well issued under this section on or after the effective date of this paragraph .... [LRB inserts date], may not remain in effect for more than 10 years and may be modified or rescinded under par. (c) 3. or sub. (5) (e) 3., or 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.

SB239-SSA3,18 Section 18. 281.34 (7) (b) 1. to 5. of the statutes are created to read:

SB239-SSA3,10,21 281.34 (7) (b) 1. For an approval of a high capacity well issued before January 1, 1980, 8 years from the effective date of this subdivision .... [LRB inserts date].

SB239-SSA3,10,24 2. For an approval of a high capacity well issued on or after January 1, 1980, and before January 1, 1990, 10 years from the effective date of this subdivision .... [LRB inserts date].

SB239-SSA3,11,3 3. For an approval of a high capacity well issued on or after January 1, 1990, and before January 1, 2000, 12 years from the effective date of this subdivision .... [LRB inserts date].

SB239-SSA3,11,6 4. For an approval of a high capacity well issued on or after January 1, 2000, and before January 1, 2010, 14 years from the effective date of this subdivision .... [LRB inserts date].

SB239-SSA3,11,9 5. For an approval of a high capacity well issued on or after January 1, 2010, and before the effective date of this subdivision .... [LRB inserts date], 16 years from the effective date of this subdivision .... [LRB inserts date].

SB239-SSA3,19 Section 19. 281.34 (7) (c) of the statutes is created to read:

SB239-SSA3,11,15 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3) takes effect for a groundwater management area designated under s. 281.341 (2), the department shall review, for consistency with the ground water management plan, 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.

SB239-SSA3,11,20 2. After conducting the review under subd. 1. for a groundwater management area designated under s. 281.341 (2), the department may periodically review, for consistency with the ground water management plan, the approvals under this section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater management area.

SB239-SSA3,11,25 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.

SB239-SSA3,20 Section 20. 281.34 (9) of the statutes is repealed.

SB239-SSA3,21 Section 21. 281.341 of the statutes is created to read:

SB239-SSA3,12,4 281.341 Groundwater management areas. (1) Definitions. In this section:

SB239-SSA3,12,5 (a) "Aquitard" means a geologic formation having low permeability.

SB239-SSA3,12,9 (b) "Baseflow" means the sustained flow of a stream, principally by groundwater discharge, in the absence of direct runoff, calculated as the 7-day low flow that occurs on an average of once in every 10 years, or as determined by the department using other statistical measures.

SB239-SSA3,12,11 (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.

SB239-SSA3,12,13 (c) "Confined aquifer" means a water bearing geologic formation that is bounded on its upper surface by an aquitard.

SB239-SSA3,12,14 (d) "Council" means the groundwater coordinating council.

SB239-SSA3,12,16 (e) "Council subcommittee" means the groundwater area review subcommittee of the groundwater coordinating council, as created under s. 160.50 (2) (b).

SB239-SSA3,12,17 (em) "High capacity well" has the meaning given in s. 281.34 (1) (b).

SB239-SSA3,12,18 (f) "Potentiometric surface" has the meaning given in s. 281.34 (1) (e).

SB239-SSA3,12,21 (g) "Sustainable hydrologic conditions" means the balance between groundwater consumption and groundwater replenishment so that there are no significant adverse environmental impacts to surface water or groundwater.

SB239-SSA3,12,24 (h) "Target date" 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.

SB239-SSA3,13,2 (i) "Unconfined aquifer" means a water bearing geologic formation that is not bounded on its upper surface by an aquitard.

SB239-SSA3,13,6 (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.

SB239-SSA3,13,8 (b) An area with a confined aquifer qualifies for designation as a groundwater management area if any of the following applies:

SB239-SSA3,13,11 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.

SB239-SSA3,13,14 2. The groundwater potentiometric surface of the confined aquifer has been reduced to less than 20 feet above the top of the aquitard bounding the upper surface of the confined aquifer.

SB239-SSA3,13,16 3. The static water level in the majority of the wells that pump water from the confined aquifer is below the bottom of the confined aquifer's bounding aquitard.

SB239-SSA3,13,18 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.

SB239-SSA3,13,19 5. The department has initiated an action under s. 30.03 (4) relating to the area.

SB239-SSA3,13,21 (c) An area with an unconfined aquifer qualifies for designation as a groundwater management area if any of the following applies:

SB239-SSA3,13,25 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).

SB239-SSA3,14,2 2. The water table elevation of the unconfined aquifer is declining at a rate exceeding 1 foot per year averaged over a 10-year period.

SB239-SSA3,14,5 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.

SB239-SSA3,14,6 4. The department has initiated as action under s. 30.03 (4) relating to the area.

SB239-SSA3,14,20 (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. Any person may file a petition with the department requesting consideration of an area for designation as a groundwater management area, which the department shall promptly forward to the council subcommittee, and which the council subcommittee shall examine. 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 sustainable hydrologic conditions for the area. Before examining any other area, the council subcommittee shall examine the following areas 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:

SB239-SSA3,14,22 1. The 2 groundwater management areas designated under s. 281.34 (9), 2013 stats.

SB239-SSA3,14,23 2. The area known as the central sands region.

SB239-SSA3,15,5 (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 sustainable hydrologic conditions for, the proposed groundwater management area.

SB239-SSA3,15,9 (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 90 days after the rule is promulgated, establish a target date and sustainable hydrologic conditions for the area.

SB239-SSA3,15,14 (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.