AB709: Bill Text

LRB-4679/1

RCT:kmg:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 709

November 29, 1995 - Introduced by Representatives Freese, Baldus, Hahn, Musser, Nass, Otte, Ourada, Silbaugh, Zukowski, F. Lasee and Gunderson, cosponsored by Senators Schultz, Rude, Panzer, Breske and Cowles. Referred to Committee on Natural Resources.

AB709,1,3 An Act to renumber and amend 144.025 (2) (e); and to create 144.025 (2) (e) 1. of the statutes; relating to: the effect of certain water withdrawals on commercial aquaculture operations.

Analysis by the Legislative Reference Bureau

Current law prohibits a person from constructing or operating one or more wells on one property that withdraw a total of more than 100,000 gallons of water a day without approval by the department of natural resources (DNR). If DNR finds that the proposed withdrawal will adversely affect a public water utility, DNR must disapprove the withdrawal or condition its approval so that the water supply of the public water utility will not be impaired.

This bill provides that if DNR finds that a proposed high-capacity well withdrawal, other than a proposal by a public water utility, will adversely affect a commercial aquaculture operation, DNR must disapprove the withdrawal or condition its approval so that the commercial aquaculture operation will not be adversely affected.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB709, s. 1 Section 1. 144.025 (2) (e) of the statutes is renumbered 144.025 (2) (e) 2. and amended to read:

AB709,2,2 144.025 (2) (e) 2. No wells shall be constructed, installed or operated to withdraw water from underground sources for any purpose where the capacity and rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day without first obtaining the approval of the department.

AB709,2,4 3. If s. 144.026 applies to the proposed construction, the application for approval under this paragraph shall comply with s. 144.026 (5) (a).

AB709,2,18 4. If the department finds that the a proposed withdrawal will adversely affect or reduce the availability of water to any public utility in furnishing water to or for the public or does not meet the grounds for approval specified under s. 144.026 (5) (d), if applicable, it shall either withhold its approval or grant a limited approval under which it imposes such conditions as to location, depth, pumping capacity, rate of flow and ultimate use so that the water supply of any public utility engaged in furnishing water to or for the public will not be impaired and the withdrawal will conform to the requirements of s. 144.026, if applicable. If the department finds that a proposed withdrawal, other than a proposed withdrawal by a public utility engaged in furnishing water to or for the public, will adversely affect a commercial aquaculture operation, the department shall either withhold its approval or grant a limited approval under which it imposes conditions as to location, depth, pumping capacity, rate of flow and ultimate use so that the commercial aquaculture operation will not be adversely affected.

AB709,2,22 5. The department shall require each person issued an approval under this paragraph to report that person's volume and rate of withdrawal, as defined under s. 144.026 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 (1) (L), if any, in the form and at the times specified by the department.

AB709,2,24 6. The department may issue general or special orders it considers necessary to ensure prompt and effective administration of this paragraph.

AB709, s. 2 Section 2. 144.025 (2) (e) 1. of the statutes is created to read:

AB709,3,2 144.025 (2) (e) 1. In this paragraph, "aquaculture" has the meaning given in s. 93.01 (1d).

AB709,3,3 (End)