Amendment ASA1-SB76

SB76-ASA1,9,8 281.34 (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.

SB76-ASA1,14 Section 14. 281.34 (5m) of the statutes is amended to read:

SB76-ASA1,9,15 281.34 (5m) Consideration of cumulative impacts. 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.

SB76-ASA1,15 Section 15 . 281.34 (7) (title) of the statutes is amended to read:

SB76-ASA1,9,18 281.34 (7) (title) Modifying and rescinding Duration, modification, and rescission of approvals for high capacity wells.

SB76-ASA1,16 Section 16. 281.34 (7) of the statutes is renumbered 281.34 (7) (b) (intro.) and amended to read:

SB76-ASA1,9,25 281.34 (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 rescinds the approval 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.:

SB76-ASA1,17 Section 17 . 281.34 (7) (a) of the statutes is created to read:

SB76-ASA1,10,9 281.34 (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 [LRB inserts date], may not remain in effect for more than 10 years and may be modified or rescinded under par.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.

SB76-ASA1,18 Section 18 . 281.34 (7) (b) 1. to 5. of the statutes are created to read:

SB76-ASA1,10,12 281.34 (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].

SB76-ASA1,10,15 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].

SB76-ASA1,10,18 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].

SB76-ASA1,10,21 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].

SB76-ASA1,10,24 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].

SB76-ASA1,19 Section 19 . 281.34 (7) (c) of the statutes is created to read:

SB76-ASA1,11,6 281.34 (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 groundwater 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.

SB76-ASA1,11,11 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 groundwater management plan, the approvals under this section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater management area.

SB76-ASA1,11,16 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.

SB76-ASA1,20 Section 20 . 281.34 (9) of the statutes is repealed.

SB76-ASA1,21 Section 21 . 281.341 of the statutes is created to read:

SB76-ASA1,11,20 281.341 Groundwater management areas. (1) Definitions. In this section:

SB76-ASA1,11,21 (a) “Aquitard" means a geologic formation having low permeability.

SB76-ASA1,11,25 (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.

SB76-ASA1,12,2 (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.

SB76-ASA1,12,4 (c) “Confined aquifer" means a water bearing geologic formation that is bounded on its upper surface by an aquitard.

SB76-ASA1,12,5 (d) “Council" means the groundwater coordinating council.

SB76-ASA1,12,7 (e) “Council subcommittee" means the groundwater area review subcommittee of the groundwater coordinating council, as created under s. 160.50 (2) (b).

SB76-ASA1,12,8 (em) “High capacity well" has the meaning given in s. 281.34 (1) (b).

SB76-ASA1,12,9 (f) “Potentiometric surface" has the meaning given in s. 281.34 (1) (e).

SB76-ASA1,12,12 (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.

SB76-ASA1,12,15 (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.

SB76-ASA1,12,17 (i) “Unconfined aquifer" means a water bearing geologic formation that is not bounded on its upper surface by an aquitard.

SB76-ASA1,12,21 (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.

SB76-ASA1,12,23 (b) An area with a confined aquifer qualifies for designation as a groundwater management area if any of the following applies:

SB76-ASA1,13,3 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.

SB76-ASA1,13,6 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.

SB76-ASA1,13,8 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.

SB76-ASA1,13,10 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.

SB76-ASA1,13,11 5. The department has initiated an action under s. 30.03 (4) relating to the area.

SB76-ASA1,13,13 (c) An area with an unconfined aquifer qualifies for designation as a groundwater management area if any of the following applies:

SB76-ASA1,13,17 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).

SB76-ASA1,13,19 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.

SB76-ASA1,13,22 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.

SB76-ASA1,13,23 4. The department has initiated as action under s. 30.03 (4) relating to the area.

SB76-ASA1,14,12 (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:

SB76-ASA1,14,14 1. The 2 groundwater management areas designated under s. 281.34 (9), 2013 stats.

SB76-ASA1,14,15 2. The area known as the central sands region.

SB76-ASA1,14,22 (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.

SB76-ASA1,15,2 (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.

SB76-ASA1,15,7 (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.

SB76-ASA1,15,11 2. If the council subcommittee forwards a conclusion under subd. 1. that an area no longer qualifies as a groundwater management area and if the council concurs with that conclusion, the council may recommend that the department rescind the designation of the area as a groundwater management area.

SB76-ASA1,15,15 3. The department may rescind the designation of an area as a groundwater management area, by repealing the rule designating an area as a groundwater management area, if the council recommends under subd. 2. that the department rescind the designation of the area as a groundwater management area.

SB76-ASA1,15,19 (3) Groundwater management planning for groundwater management area. (a) Subject to pars. (b) and (c), upon the designation under sub. (2) (a) of a groundwater management area, the department shall develop and adopt a groundwater management plan for the groundwater management area.

SB76-ASA1,16,3 (b) The department, in preparing the groundwater management plan, shall appoint and consult with a technical advisory committee and a citizens advisory committee. The department shall select members of the technical advisory committee who have technical expertise in the area of groundwater science and management. The department shall select members of the citizens advisory committee who represent a variety of water users, persons interested in water issues, and governmental bodies in the groundwater management area, including municipal, agricultural, industrial, and commercial water users and conservation groups.

SB76-ASA1,16,9 (c) The department shall design the groundwater management plan to protect surface water and groundwater, to ensure that the groundwater management area will no longer qualify for designation as a groundwater management area by the target date established under sub. (2) (f), and to achieve the sustainable hydrologic conditions established under sub. (2) (f), and shall include all of the following in the groundwater management plan:

SB76-ASA1,16,10 1. Measurable goals.

SB76-ASA1,16,13 2. Requirements for the county or counties to report to the department, including requirements to report progress toward achieving the sustainable hydrologic conditions established under sub. (2) (f).

SB76-ASA1,16,14 3. Opportunities for public participation in the implementation of the plan.

SB76-ASA1,16,15 4. Water conservation measures.

SB76-ASA1,16,17 5. Any other provision that the department determines is necessary to meet the sustainable hydrologic conditions established under sub. (2) (f).

SB76-ASA1,22 Section 22 . 281.344 (4s) (dm) of the statutes is amended to read:

SB76-ASA1,16,25 281.344 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (am), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

SB76-ASA1,23 Section 23 . 281.344 (4s) (dm) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB76-ASA1,17,9 281.344 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (am), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

SB76-ASA1,24 Section 24. 281.346 (4s) (dm) of the statutes is amended to read:

SB76-ASA1,17,17 281.346 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (am), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

SB76-ASA1,25 Section 25 . 281.346 (4s) (dm) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB76-ASA1,18,2 281.346 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (am), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

SB76-ASA1,26 Section 26 . 281.346 (8) (cm) of the statutes is created to read:

SB76-ASA1,18,8 281.346 (8) (cm) Withdrawals in groundwater management areas. 1. The department shall include requirements for water conservation in any approval under s. 30.18 (2) (a) or 281.41 if the withdrawal is in a groundwater management area designated under s. 281.341 (2) for which a groundwater management plan under s. 281.341 (3) is in effect.

SB76-ASA1,18,13 2. In any approval under this section or s. 30.18 (2) or 281.41 for a withdrawal in a groundwater management area designated under s. 281.341 (2) for which a groundwater management plan under s. 281.341 (3) is in effect, the department shall ensure that the requirements for water conservation included in the approval are consistent with the groundwater management plan.

SB76-ASA1,27 Section 27 . 281.346 (12) (a) of the statutes is amended to read:

SB76-ASA1,18,21 281.346 (12) (a) Subject to par. (am), a person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125 $250, except that the department may promulgate a rule specifying a different amount and except that, notwithstanding the department's rule-making authority, no person is required to pay more than $1,000 per year under this paragraph.

SB76-ASA1,28 Section 28 . 281.346 (12) (b) of the statutes is amended to read:

SB76-ASA1,19,2 281.346 (12) (b) In addition to the fee under par. (a), a person who withdraws from the Great Lakes basin more than 50,000,000 gallons per year from the waters of the state shall pay to the department an annual fee in an amount specified under par. (c).

SB76-ASA1,29 Section 29 . 281.348 (3) (cm) of the statutes is amended to read:

SB76-ASA1,19,16 281.348 (3) (cm) For the purposes of plans under par. (a), an areawide water quality planning agency designated by the governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water supply service areas for all of the public water supply systems in the planning area for which the agency is designated. An areawide water quality planning agency shall delineate proposed water supply service areas that are consistent with the approved areawide water quality management plan under s. 283.83 for the planning area and that permit the development of plans that are approvable under par. (d). An areawide water quality planning agency may also provide regional water needs assessments and other regional water supply planning information. The process for conducting regional activities under this subsection may be the same as the process for regional water supply planning for a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

SB76-ASA1,30 Section 30 . 281.348 (3) (cm) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

SB76-ASA1,20,6 281.348 (3) (cm) For the purposes of plans under par. (a), an areawide water quality planning agency designated by the governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water supply service areas for all of the public water supply systems in the planning area for which the agency is designated. An areawide water quality planning agency shall delineate proposed water supply service areas that are consistent with the approved areawide water quality management plan under s. 283.83 for the planning area and that permit the development of plans that are approvable under par. (d). An areawide water quality planning agency may also provide regional water needs assessments and other regional water supply planning information. The process for conducting regional activities under this subsection may be the same as the process for regional water supply planning for a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

SB76-ASA1,31 Section 31. Nonstatutory provisions.

SB76-ASA1,20,15 (1) Report on Internet-based system development. No later than the first day of the 13th month beginning after the effective date of this subsection, the department of natural resources shall submit to the legislature, in the manner provided in section 13.172 (2) of the statutes, a report on the department's efforts to develop an Internet-based system that prospective applicants for the approval of a high capacity well may use to estimate the likely environmental impact of the proposed withdrawal, and a discussion of the department's needs for completing and maintaining that system.

SB76-ASA1,32 Section 32. Effective date. This act takes effect on the day after publication, except as follows:

SB76-ASA1,20,21 (1) The treatment of sections 20.370 (6) (eg), 281.34 (9), 281.344 (4s) (dm) (by Section 23), 281.346 (4s) (dm) (by Section 25 ), and 281.384 (3) (cm) (by Section 30 ) of the statutes takes effect on the first day of the 25th month beginning after publication.

SB76-ASA1,20,22 (End)