AB785: Bill Text

AB785, s. 1 Section 1. 30.01 (1nm) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

AB785, s. 2 Section 2. 30.10 (4) (d) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB785,3,9 30.10 (4) (d) A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district operated by a drainage board under ch. 88 is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a drainage district drain.

AB785, s. 3 Section 3. 30.12 (4m) (title) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB785,3,13 30.12 (4m) (title) Duck Creek Drainage District district structures and deposits.

AB785, s. 4 Section 4. 30.12 (4m) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB785,3,19 30.12 (4m) (intro.) Subsection (1) does not apply to a structure or deposit that the a drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District within a drainage district under ch. 88 if either of the following applies:

AB785, s. 5 Section 5. 30.20 (1) (d) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB785,4,3 30.20 (1) (d) The A drainage board for the Duck Creek Drainage District may without a permit under sub. (2) (c) remove material from a drain that the drainage board operates in the Duck Creek Drainage District a drainage district under ch. 88 if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB785, s. 6 Section 6. 31.02 (7) of the statutes, as amended by 1999 Wisconsin Act 9, is repealed.

AB785, s. 7 Section 7. 31.02 (7m) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB785,4,14 31.02 (7m) The A drainage board for the Duck Creek Drainage District shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in the Duck Creek Drainage District a drainage district in compliance with ch. 88 and any rules promulgated by the department of agriculture, trade and consumer protection under ch. 88. If a county drainage board fails to perform its duties under this subsection, the department of natural resources may exercise its authority under subs. sub. (6), (8) and (9).

AB785, s. 8 Section 8. 31.02 (8) and (9) of the statutes are repealed.

AB785, s. 9 Section 9. 88.01 (8m) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

AB785, s. 10 Section 10. 88.31 (title) of the statutes is amended to read:

AB785,4,20 88.31 (title) Special procedure in cases affecting Drainage work in navigable waters.

AB785, s. 11 Section 11. 88.31 (1) to (7) of the statutes are repealed.

AB785, s. 12 Section 12. 88.31 (7m) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

AB785, s. 13 Section 13. 88.31 (8) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB785,5,3 88.31 (8) (intro.) Subject to other restrictions imposed by this chapter, a drainage board which has obtained all of the permits as required under this chapter and ch. 30 may:

AB785, s. 14 Section 14. 88.35 (5m) of the statutes, as affected by 1999 Wisconsin Act 9, is repealed.

AB785, s. 15 Section 15. 88.35 (6) (intro.) of the statutes is amended to read:

AB785,5,10 88.35 (6) (intro.) Upon the completion of its duties under subs. (1) to (5m) (5), the board shall prepare a written report, including a copy of any maps, plans or profiles that it has prepared. The assessment of benefits and awards of damages shall be set forth in substantially the following form:

AB785, s. 16 Section 16. 88.62 (3) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 88.62 (3) and amended to read:

AB785,5,16 88.62 (3) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources, except as provided in par. (b) any permit that is required under ch. 30 or 31.

AB785, s. 17 Section 17. 88.62 (3) (b) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

AB785, s. 18 Section 18. 88.72 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB785,6,2 88.72 (3) At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen or widen any waters or streams either within or beyond the limits of the district, the board shall obtain any permit that is required under this chapter or ch. 30 or 31.

AB785, s. 19 Section 19. 88.72 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB785,6,11 88.72 (4) Within 30 days after the department of natural resources has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

AB785,6,12 (End)