(2)
Groundwater advisory committee.
(a) In this subsection:
1. "Groundwater protection area" has the meaning given in section 281.34 (1) (a) of the statutes, as created by this act.
2. "High capacity well" has the meaning given in section 281.34 (1) (b) of the statutes, as created by this act.
3. "Local governmental unit" has the meaning given in section 281.34 (1) (c) of the statutes, as created by this act.
4. "Spring" has the meaning given in section 281.34 (1) (f) of the statutes, as created by this act.
5. "Water loss" has the meaning given in section 281.34 (1) (g) of the statutes, as created by this act.
(b) There is created a groundwater advisory committee consisting of the following members:
1. Three persons appointed by the governor.
2. Four persons appointed by the speaker of the assembly.
3. Four persons appointed by the majority leader of the senate.
3g. One member appointed by the minority leader of the assembly.
3r. One member appointed by the minority leader of the senate.
4. The secretary of natural resources or the secretary's designee.
(c) Each appointing authority under paragraph (b) 2. and 3. shall appoint one member representing each of the following interests:
1. Industrial.
2. Agricultural.
3. Environmental.
4. Municipal.
(cm) The governor shall appoint one member of the groundwater advisory committee representing well drillers. The governor, the minority leader of the assembly, and the minority leader of the senate shall consult regarding the other 4 appointees under paragraph (b) 1., 3g., and 3r. to ensure that one represents each of the interests under paragraph (c) 1. to 4.
(d) The speaker of the assembly and the majority leader of the senate shall each designate one appointee as cochairperson of the groundwater advisory committee.
(e) No later than December 31, 2006, the groundwater advisory committee shall report to the standing committees of the legislature with jurisdiction over environmental matters, in the manner provided in section 13.172 (3) of the statutes, recommendations for legislation to address the management of groundwater in the following areas, and administrative rules to implement the legislation:
1. Groundwater management areas, as designated under section 281.34 (9) (a) of the statutes, as created by this act.
2. Other areas of the state in which the withdrawal of groundwater over the long term adversely affects the availability of water for use or adversely affects water quality due to the effects of drawdown of the groundwater and in which there is a need for a coordinated response among the state, local governmental units, regional planning commissions, and public and private users of groundwater to address the effects on groundwater availability or quality.
(f) The groundwater advisory committee shall recommend under paragraph (e) a coordinated strategy for addressing groundwater management issues by affected local governmental units and regional planning commissions with the assistance of the department of natural resources and other state agencies. The committee shall include in its recommendations under paragraph (e) recommendations for a mitigation program for groundwater management areas that is similar to the mitigation program in section 281.34 (8) (d) of the statutes, as created by this act. The committee shall also recommend under this paragraph whether areas described in paragraph (e) 2. should be designated as groundwater management areas and, once designated, how and when to remove the designation of an area as a groundwater management area. The committee shall consult with affected local governmental units in the preparation of the recommendations under paragraph (e).
(g) The groundwater advisory committee shall review the implementation of section 281.34 of the statutes, as created by this act. No later than December 31, 2007, the groundwater advisory committee shall report to the standing committees of the legislature with jurisdiction over environmental matters, in the manner provided in section 13.172 (3) of the statutes, the results of this review and the committee's recommendations for changes in the regulation of high capacity wells that are in groundwater protection areas, that have a water loss of 95 percent or more, or that have a significant environmental impact on a spring, and recommendations regarding the definition of spring in section 281.34 (1) (f) of the statutes, as created by this act. The committee shall include in the report recommendations for statutory authorization for groundwater management strategies that permit adaptation of the regulation of high capacity wells as relevant information becomes available or groundwater conditions change. The committee shall include in the report recommendations regarding the potential for the use of general permits for high capacity wells and recommendations regarding the factors to be considered by the department of natural resources in determining whether a high capacity well causes significant environmental impact for the purposes of section 281.34 of the statutes, as created by this act.
(h) The department of natural resources shall staff and provide funding for the groundwater advisory committee.
(i) The groundwater advisory committee terminates on December 31, 2007.
(3) Identification of groundwater protection areas. Notwithstanding section 281.34 (1) (a) 3. of the statutes, as created by this act, until the effective date of the rules promulgated under section 281.34 (8) (a) of the statutes, as created by this act, or the first day of the 19th month beginning after the effective date of this subsection, whichever is later, the department shall identify which streams are class I, class II, or class III trout streams, other than class I, class II, or class III trout streams that are farm drainage ditches with no prior stream history, for the purpose of identifying groundwater protection areas using sections NR 102.10 and 102.11, Wisconsin Administrative Code, the version of the department's publication Wisconsin Trout Streams published most recently before the effective date of this subsection, and the information available to the department concerning farm drainage ditches.
310,16
Section
16.
Initial applicability.
(1) High capacity wells. The treatment of sections 281.17 (1) and 281.34 (2) of the statutes first applies to an application for approval of a high capacity well that is received by the department of natural resources on the day after the effective date of this subsection.
