AB477-ASA1,21,108 (j) The department's duty and authority with respect to high capacity well
9approvals in a sensitive resource area is limited to the duty and authority that is
10explicitly conferred upon the department by statute.
AB477-ASA1,21,2111 (k) At least every 10 years after an area is designated as a sensitive resource
12area the department shall review the boundaries of the sensitive resource area and
13any measures that have been adopted by statute relating to the sensitive resource
14area to determine whether the boundaries and measures continue to be appropriate
15under this subsection. The department shall prepare a report on whether the
16boundaries and measures continue to be appropriate, whether the designation of the
17area as a sensitive resource area should be removed, or whether the boundaries and
18measures should be changed and, if so, the department's recommended changes. The
19department shall submit the report to the chief clerk of each house of the legislature,
20for distribution under s. 13.172 (3) to the appropriate legislative standing
21committees generally responsible for legislation related to environmental issues.
AB477-ASA1,21,2322 (L) The designation of an area as a sensitive resource area may be removed only
23by an act of the legislature.
AB477-ASA1,22,424 (m) Subject to par. (n), the department may not issue an approval for a new high
25capacity well located in an area that the department has requested to evaluate and

1model under par. (ag) if the application for approval is filed after the department
2submits its request to the joint committee on finance, in an area described in par. (ar),
3or in an area that the department has requested to evaluate and model under par.
4(aj), unless any of the following occurs:
AB477-ASA1,22,75 1. The applicant provides the department with information that shows, and the
6department determines, that the proposed high capacity well will have no hydrologic
7connection to any existing navigable water.
AB477-ASA1,22,128 2. The applicant provides the department with information that shows, and the
9department determines, that the proposed high capacity well will not cause a
10significant measurable drawdown, as defined by the department by rule under sub.
11(7g) (b), of any navigable water to which the proposed well is hydrologically
12connected.
AB477-ASA1,22,1413 (n) The restriction under par. (m) ceases to apply if one of the following events
14occurs:
AB477-ASA1,22,1815 1. The joint committee on finance denies the department's request for approval
16under par. (ag) or (aj), if within 14 working days of the department requesting
17approval the joint committee on finance schedules a meeting for the purpose of
18reviewing the department's request.
AB477-ASA1,22,2219 2. The department does not submit the report under par. (f) within 30 months
20after requesting approval under par. (ag) or (aj) or, with respect to an area described
21in par. (ar), within 30 months after the effective date of this subdivision .... [LRB
22inserts date].
AB477-ASA1,22,2423 3. The department submits a report under par. (f) recommending that the area
24not be designated as a sensitive resource area.
AB477-ASA1,23,3
14. The legislature does not designate an area as a sensitive resource area by
2statute within 12 months after receiving a report from the department under par. (f)
3recommending that the area be designated as a sensitive resource area.
AB477-ASA1,23,64 5. The department does not submit the report under par. (g) within 12 months
5after submitting a report under par. (f) recommending that an area be designated as
6a sensitive resource area.
AB477-ASA1,23,87 6. The department submits a report under par. (g) recommending that no
8special measures relating to groundwater withdrawal be conducted in the area.
AB477-ASA1,23,119 7. The legislature does not adopt, by statute, special measures relating to
10groundwater withdrawal in an area within 12 months after receiving a report from
11the department under par. (g).
AB477-ASA1,23,1312 8. The legislature adopts, by statute, special measures relating to groundwater
13withdrawal in a designated sensitive resource area.
AB477-ASA1,23,1714 (p) In determining whether to approve or deny an application for approval to
15construct or withdraw water from a high capacity well located in a sensitive resource
16area, the department shall consider the cumulative environmental impacts of that
17high capacity well together with existing wells.
AB477-ASA1,25 18Section 25. 281.34 (11) of the statutes is created to read:
AB477-ASA1,23,2019 281.34 (11) Liability to other well owners. (a) In this subsection, "residential
20well" means a well that is not a high capacity well.
AB477-ASA1,23,2521 (b) The owner of a high capacity well constructed after the effective date of this
22paragraph .... [LRB inserts date], shall provide compensation for replacing,
23modifying, or repairing a residential well to provide a well of similar type and design
24as the original well, and provide an interim potable water supply, to the owner of the
25residential well if all of the following apply:
AB477-ASA1,24,7
11. The residential well owner provides a notice to the owner of the high capacity
2well claiming that the residential well has experienced or is experiencing a
3significant loss of water or a significant decrease in water pressure that is caused by
4the high capacity well, and requests compensation from the owner of the high
5capacity well. The residential well owner shall provide the notice under this
6subdivision within 5 years after the high capacity well owner receives an approval
7under this section.
AB477-ASA1,24,98 2. The residential well was constructed before the construction of the high
9capacity well.
AB477-ASA1,24,1410 3. The residential well owner has a well log on file with the department, or
11provides the owner of the high capacity well with a written report from a certified
12well driller or licensed plumber, completed within 6 months of the high capacity well
13owner or clerk submitting the notice under sub. (2d), that shows the construction
14details, depth, static water level, and pump setting, if applicable, of the well.
AB477-ASA1,24,1915 4. The residential well owner provides the owner of the high capacity well with
16a written statement from a certified well driller or licensed plumber verifying that
17the residential well owner has experienced or is experiencing a significant loss of
18water or a significant decrease in water pressure because of a reduction of the well's
19static water level as compared to the level reported under subd. 3.
AB477-ASA1,25,720 (c) The owner of a high capacity well that receives a request for compensation
21under par. (b) may bring an action for a declaratory judgment on the issue of whether
22the high capacity well has caused or is causing the residential well to experience a
23significant loss of water or a significant decrease in water pressure. The owner of the
24high capacity well shall provide an interim potable water supply to the residential
25well owner until the final resolution of an action under this paragraph.

1Notwithstanding s. 814.04 (1), if the court determines in an action under this
2paragraph that the high capacity well has caused or is causing the residential well
3to experience a significant loss of water or a significant decrease in water pressure,
4the court shall award the residential well owner its reasonable attorney fees. The
5owner of the high capacity well may seek contribution from owners of other high
6capacity wells constructed after the construction of the residential well and after the
7effective date of this paragraph .... [LRB inserts date].
AB477-ASA1,26 8Section 26. Nonstatutory provisions.
AB477-ASA1,25,239 (1) Emergency rules. Using the procedure under section 227.24 of the statutes,
10the department of natural resources shall promulgate the rules required under
11section 281.34 (7g) of the statutes, as created by this act, as emergency rules. The
12emergency rules shall remain in effect for the period before the effective date of the
13permanent rules promulgated under section 281.34 (7g) of the statutes, as created
14by this act but not to exceed the period authorized under section 227.24 (1) (c) of the
15statutes, subject to extension under section 227.24 (2) of the statutes.
16Notwithstanding section 227.24 (2) of the statutes, the department may seek any
17number of extensions of the effective period of emergency rules under section 227.24
18(2) of the statutes except that no extension shall be allowed after July 1, 2018.
19Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department
20is not required to provide evidence that promulgating a rule under this subsection
21as an emergency rule is necessary for the preservation of the public peace, health,
22safety, or welfare and is not required to provide a finding of emergency for a rule
23promulgated under this subsection.
AB477-ASA1,25,2424 (2) Modification of previously issued approvals.
AB477-ASA1,25,2525 (a) In this subsection:
AB477-ASA1,26,1
11. "Department" means the department of natural resources.
AB477-ASA1,26,2 22. "Owner" has the meaning given in section 281.34 (1) (d) of the statutes.
AB477-ASA1,26,93 (b) If the department issued an approval to an owner of a high capacity well
4under section 281.34 (2) of the statutes on or after July 6, 2011, and before the
5effective date of this paragraph, the department shall, upon the owner's request,
6review the conditions in the approval. If the conditions in the approval are not
7consistent with the department's authority under section 281.34 of the statutes, as
8affected by this act, the department shall remove or revise the conditions in the
9approval consistent with that authority.
AB477-ASA1,27 10Section 27. Initial applicability.
AB477-ASA1,26,1411 (1) (a) This act first applies to applications for a high capacity well approval
12filed by the effective date of this paragraph but not approved, conditionally approved,
13or denied by the department by the effective date of this paragraph, except as
14provided in paragraphs (b) and (c).
AB477-ASA1,26,1915 (b) The treatment of sections 281.34 (2) (with respect to requiring an applicant
16to specify in an application the location, depth, maximum pumping capacity,
17maximum rate of flow, and ultimate use of a proposed high capacity well) and 281.34
18(2d) of the statutes first applies to an application filed on the effective date of this
19paragraph.
AB477-ASA1,26,2320 (c) The treatment of sections 281.34 (4g), (5) (f) 2. a., and (7m) (m) and (n) of the
21statutes does not apply to an application filed by the effective date of this paragraph
22but not approved, conditionally approved, or denied by the department by the
23effective date of this paragraph if all of the following apply:
AB477-ASA1,26,25 241. The application is for a high capacity well in an area described under section
25281.34 (7m) (ar) of the statutes, as affected by this act.
AB477-ASA1,27,5
12. A voluntary or required environmental review of the application that follows
2the process under section 1.11 of the statutes has been started before the effective
3date of this subdivision, and the environmental review includes or will include an
4analysis of the impacts of all wells and withdrawals that are part of the same project
5for which the application is submitted.
AB477-ASA1,27,11 63. The applicant notifies the department in writing within 30 days after the
7effective date of this subdivision that the applicant elects to have the review and
8approval process described under section 281.34 (5) (b) of the statutes, as affected by
9this act, apply to its application. In reviewing an application as provided under this
10subdivision, the department shall consider the impacts of all wells and withdrawals
11that are part of the same project for which the application is submitted.
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