LRB-0210/3
RCT:wlj:pg
2001 - 2002 LEGISLATURE
March 20, 2001 - Introduced by Representatives Black, Wood, Gunderson, J.
Lehman, Huber, Turner, Plouff, Richards, Bock, La Fave, Pocan, Miller,
Berceau and Boyle, cosponsored by Senators George and Risser. Referred
to Committee on Environment.
AB221,1,2
1An Act to amend 281.17 (1) of the statutes;
relating to: approvals for
2high-capacity wells.
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
(high-capacity well) without the approval of the department of natural resources
(DNR). If DNR finds that a proposed withdrawal will adversely affect the water
supply of a public water utility, DNR must disapprove the high-capacity well 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 withdrawal by a proposed
high-capacity well will adversely affect the waters of the state, DNR must
disapprove the high-capacity well or condition its approval so that the waters of the
state will be protected.
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:
AB221, s. 1
3Section
1. 281.17 (1) of the statutes is amended to read:
AB221,2,20
1281.17
(1) No wells
shall
may be constructed, installed
, or operated to
2withdraw water from underground sources for any purpose where the capacity and
3rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day
4without first obtaining the approval of the department. If s. 281.35 applies to the
5proposed construction, the application shall comply with s. 281.35 (5) (a). If the
6department finds that the proposed withdrawal will adversely affect or reduce the
7availability of water to any public utility in furnishing water to or for the public
, will
8adversely affect the waters of the state, or does not meet the grounds for approval
9specified under s. 281.35 (5) (d), if applicable, it shall either withhold its approval or
10grant a limited approval under which it imposes such conditions as to location, depth,
11pumping capacity, rate of flow
, and ultimate use so that the water supply of any
12public utility engaged in furnishing water to or for the public will not be impaired
,
13the waters of the state will be protected, and the withdrawal will conform to the
14requirements of s. 281.35, if applicable. The department shall require each person
15issued an approval under this subsection to report that person's volume and rate of
16withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of
17water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times
18specified by the department. The department may issue general or special orders it
19considers necessary to ensure prompt and effective administration of this
20subsection.
AB221,2,2322
(1) This act first applies to applications for approvals under section 281.17 (1)
23of the statutes that are submitted on the effective date of this subsection.
