LRB-1869/1
RCT:kmg&jlg:arm
1997 - 1998 LEGISLATURE
April 24, 1997 - Introduced by Representatives Freese, Gronemus, Sykora,
Musser, Hasenohrl, M. Lehman, Baumgart, Ainsworth, F. Lasee, Grothman,
Albers, Owens, Zukowski, Skindrud and Seratti, cosponsored by Senators
Shibilski, Schultz, Plache and Breske. Referred to Committee on Rural
Affairs.
AB317,1,3
1An Act to renumber and amend 281.17 (1); and
to create 281.17 (1) (a) of the
2statutes;
relating to: the effect of certain water withdrawals on commercial
3agriculture 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 agriculture operation, DNR must disapprove the withdrawal or
condition its approval so that the commercial agriculture 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:
AB317, s. 1
1Section
1. 281.17 (1) of the statutes is renumbered 281.17 (1) (b) and amended
2to read:
AB317,2,63
281.17
(1) (b) No wells shall be constructed, installed or operated to withdraw
4water from underground sources for any purpose where the capacity and rate of
5withdrawal of all wells on one property is in excess of 100,000 gallons a day without
6first obtaining the approval of the department.
AB317,2,8
7(c) If s. 281.35 applies to the proposed construction, the application
for approval
8under this subsection shall comply with s. 281.35 (5) (a).
AB317,2,22
9(d) If the department finds that
the
a proposed withdrawal will adversely affect
10or reduce the availability of water to any public utility in furnishing water to or for
11the public or does not meet the grounds for approval specified under s. 281.35 (5) (d),
12if applicable, it shall either withhold its approval or grant a limited approval under
13which it imposes such conditions as to location, depth, pumping capacity, rate of flow
14and ultimate use so that the water supply of any public utility engaged in furnishing
15water to or for the public will not be impaired and the withdrawal will conform to the
16requirements of s. 281.35, if applicable.
If the department finds that a proposed
17withdrawal, other than a proposed withdrawal by a public utility engaged in
18furnishing water to or for the public, will adversely affect a commercial agriculture 19operation, the department shall either withhold its approval or grant a limited
20approval under which it imposes conditions as to location, depth, pumping capacity,
21rate of flow and ultimate use so that the commercial agriculture
operation will not
22be adversely affected.
AB317,3,2
23(e) The department shall require each person issued an approval under this
24subsection to report that person's volume and rate of withdrawal, as defined under
1s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under
2s. 281.35 (1) (L), if any, in the form and at the times specified by the department.
AB317,3,4
3(f) The department may issue general or special orders it considers necessary
4to ensure prompt and effective administration of this subsection.
AB317, s. 2
5Section
2. 281.17 (1) (a) of the statutes is created to read:
AB317,3,76
281.17
(1) (a) In this subsection, "agriculture" has the meaning given in s. 93.01
7(1b).
