AB514,42,7
53. The clerk of
any village or city
each municipality in which the lake or stream
6from which water is proposed to be diverted is located and which is adjacent to any
7municipality in which the diversion will take place
and to each.
AB514,42,8
84. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
AB514, s. 142
9Section
142. 30.18 (4) (a) 1. of the statutes is created to read:
AB514,42,1010
30.18
(4) (a) 1. Each owner of land over which water is proposed to be diverted.
AB514, s. 143
11Section
143. 30.18 (4) (b) of the statutes is amended to read:
AB514,42,1512
30.18
(4) (b) If a hearing on the application for a permit
under this section is
13conducted as a part of a hearing under s. 293.43, the notice and hearing provisions
14in that section supersede the notice
, mediation, and hearing provisions
of par. (a) 15under ss. 30.244 and 30.246.
AB514, s. 144
16Section
144. 30.18 (5) (title) of the statutes is repealed and recreated to read:
AB514,42,1717
30.18
(5) (title)
Issuance of permits.
AB514, s. 145
18Section
145. 30.18 (5) (a) (intro.) of the statutes is amended to read:
AB514,42,2119
30.18
(5) (a)
Streams Diversions from streams. (intro.) The department shall
20approve an application for issue a permit required under sub. (2) (a) if the
21department determines
both that all of the following
conditions apply:
AB514, s. 146
22Section
146. 30.18 (5) (a) 1. of the statutes is amended to read:
AB514,42,2423
30.18
(5) (a) 1.
That the The proposed diversion will not
injure any public rights
24in navigable waters be detrimental to the public interest.
AB514, s. 147
25Section
147. 30.18 (5) (a) 1m. of the statutes is created to read:
AB514,43,1
130.18
(5) (a) 1m. The proposed diversion is for use on riparian land.
AB514, s. 148
2Section
148. 30.18 (5) (a) 2. of the statutes is amended to read:
AB514,43,63
30.18
(5) (a) 2.
That the Either the water to be diverted is
surplus water, or if
4it is not surplus water, that all riparians not being beneficially used or all riparian
5owners who may be adversely affected by the diversion have consented to the
6proposed diversion.
AB514, s. 149
7Section
149. 30.18 (5) (b) of the statutes is amended to read:
AB514,43,138
30.18
(5) (b)
Streams Major diversions from streams or lakes. The department
9shall
approve an application for issue a permit required under sub. (2) (b)
for a major
10diversion if the grounds for approval specified under s. 281.35 (5) (d) are met
and, if
11the. If a permit is also required under sub. (2) (a),
if the department
makes the
12determinations specified under par. (a) shall issue a permit under this paragraph
13only if the conditions for a permit under par. (a) apply to the major diversion.
AB514, s. 150
14Section
150. 30.18 (6) (title) of the statutes is amended to read:
AB514,43,1515
30.18
(6) (title)
Permits; use of water Permit conditions; reporting; review.
AB514, s. 151
16Section
151. 30.18 (6) (a) of the statutes is amended to read:
AB514,43,2117
30.18
(6) (a)
Contents of permit. The department shall specify on each permit
18issued under this section the quantity of water that may be diverted and the times
19during which water may be diverted. In addition, if the permit is one which is
20required under sub. (2) (b)
for a major diversion, the permit shall comply with s.
21281.35 (6).
AB514, s. 152
22Section
152. 30.18 (6) (b) of the statutes is renumbered 30.18 (6) (dm) and
23amended to read:
AB514,44,424
30.18
(6) (dm)
Use of water. A person
who is issued a permit for the purpose
25of irrigation or agriculture may use the water on any land contiguous to the
1permittee's riparian land, but may not withdraw more water than
it did the
2permittee withdrew before August 1, 1957,
without applying to the department for
3a modification of the permit unless the department approves the additional amount
4to be withdrawn by modifying the permittee's permit.
AB514, s. 153
5Section
153. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and
6amended to read:
AB514,44,117
30.18
(6) (bm)
Reporting required.
The department shall require each
8permittee A person who is issued a permit under this section
to report its shall report
9to the department the volume and rate of withdrawal and its volume and rate of
10water loss
, if any,. The report shall be in the form and at the times specified by the
11department.
AB514, s. 154
12Section
154. 30.18 (6) (cm) 3. of the statutes is created to read:
AB514,44,1413
30.18
(6) (cm) 3. A permit issued under this section before August 1, 1957, is
14exempt from the review requirements under subds. 1. and 2.
AB514, s. 155
15Section
155. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm)
16(title).
AB514, s. 156
17Section
156. 30.18 (6) (d) of the statutes is renumbered 30.18 (6) (cm) 1. and
18amended to read:
AB514,44,2219
30.18
(6) (cm) 1.
If the permit is one that is required under sub. (2) (a), but not
20under sub. (2) (b), and the permit was issued on or after August 1, 1957, Except as
21provided in subds. 2. and 3. the department shall review the permit at least once
22every 5 years.
AB514,44,24
232. If the permit is one that is required under sub. (2) (b)
for a major diversion,
24the department shall review the permit as required under s. 281.35 (6) (b).
AB514, s. 157
25Section
157. 30.18 (6m) (title) of the statutes is repealed and recreated to read:
AB514,45,1
130.18
(6m) (title)
Rescission.
AB514, s. 158
2Section
158. 30.18 (6m) (a) (intro.) of the statutes is amended to read:
AB514,45,63
30.18
(6m) (a)
Streams; mandatory rescission. (intro.) The department shall
4revoke rescind a permit issued under sub. (5) (a), which is not
subject to sub. (2) (b),
5if it a permit for a major diversion, if the department finds
that any of the following
6applies:
AB514, s. 159
7Section
159. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:
AB514,45,118
30.18
(6m) (a) 1.
That the The water being diverted
is no longer surplus water,
9except that the department may allow the diversion to continue if all riparians has
10become water that is being beneficially used, unless all riparian owners adversely
11affected by the diversion continue to consent to it.
AB514,45,1312
2. If the diversion is from a stream designated by the department as a trout
13stream,
that the revocation the rescission is desirable for conservation purposes.
AB514, s. 160
14Section
160. 30.18 (6m) (b) of the statutes is amended to read:
AB514,45,1815
30.18
(6m) (b)
Streams; discretionary rescission. The department may
revoke 16rescind any permit issued under sub. (5) (a), which is not
subject to sub. (2) (b), if it 17a permit for a major diversion, if the department finds that the diversion is
18detrimental to the stream from which the water is diverted.
AB514, s. 161
19Section
161. 30.18 (6m) (c) of the statutes is amended to read:
AB514,45,2220
30.18
(6m) (c)
Major diversion. The department may
revoke a recind any 21permit issued under sub. (5) (b)
for a major diversion only as provided under s. 281.35
22(6).
AB514, s. 162
23Section
162. 30.18 (7) of the statutes is amended to read:
AB514,46,1424
30.18
(7) Prerequisites to project
construction work. After an application
25under this section has been filed with the department, the applicant may enter any
1land through which it is proposed to divert the water for the purposes of making any
2surveys required for drafting the plans for the project, but no work shall Work may
3not be commenced on the canal, headworks
, or other structures necessary for the
4project
for which a permit has been issued under this section until the plans for the
5same canal, headworks, or other structures have been approved by the department.
6Any person
having received who has been issued a permit required under sub. (2) (a)
7for a diversion that is not a major diversion may
construct commence the work upon
8the land of another
the canal and other works as authorized by the permit
only after
9the
damage which will be sustained by the owner
or owners of such of that land has
10been
satisfied, or has been determined as provided for in ch. 32, and compensated for
11any damages that the owner will incur as a result of the work or after the final sum
12so for condemnation of the property under ch. 32 has been determined and
all costs
13have been paid to the
persons entitled thereto
owner or to the clerk of the circuit court
14on
their the owner's account.
Note: Current s. 30.18 (7) allows the applicant to "enter any land through which
it is proposed to divert water", after the permit application is filed, to conduct surveys.
This provision is deleted, and replaced by a requirement in new s. 30.18 (3m) (a) for the
applicant to obtain permission or authority to enter the land.
AB514, s. 163
15Section
163. 30.18 (8) of the statutes is renumbered 30.353.
AB514, s. 164
16Section
164. 30.18 (9) of the statutes is repealed.
AB514, s. 165
17Section
165. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.)
18and amended to read:
AB514,46,2119
30.19
(1g) Permits required. (intro.) Unless a permit has been
granted by the
20department issued under this section or authorization has been granted by the
21legislature,
it is unlawful no person may do any of the following:
AB514, s. 166
22Section
166. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and
23amended to read:
AB514,47,4
130.19
(1g) (a)
To construct
Construct, dredge
, or enlarge any artificial
2waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the
3purpose is ultimate connection with an existing navigable stream, lake or other
4navigable waters, or where water body that connects with a navigable waterway.
AB514,47,7
5(am) Construct, dredge, or enlarge any part of
the an artificial
waterway water
6body that is located within 500 feet of the ordinary high-water mark of an existing
7navigable
stream, lake or other navigable waters
waterway.
AB514, s. 167
8Section
167. 30.19 (1) (b) of the statutes is renumbered 30.19 (1g) (b) and
9amended to read:
AB514,47,1310
30.19
(1g) (b)
To connect any natural or artificially constructed Connect, by a
11navigable surface channel, any navigable waterway
, canal, channel, ditch, lagoon,
12pond, lake or similar waterway or any artificial water body with
an existing body of 13a navigable
water, for navigation or any other purpose waterway.
AB514, s. 168
14Section
168. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and
15amended to read:
AB514,47,1816
30.19
(1g) (c)
To grade or otherwise
Grade or remove
top soil topsoil from the
17bank of any navigable
stream, lake or other body of navigable water waterway where
18the area exposed by
such the grading or removal will exceed 10,000 square feet.
AB514, s. 169
19Section
169. 30.19 (1b) of the statutes is created to read:
AB514,47,2220
30.19
(1b) Definition. In the section, "artificial water body" means a proposed
21or existing body of water that does not have a history of being a lake or stream or of
22being part of a lake or stream.
AB514, s. 170
23Section
170. 30.19 (1m) (intro.) of the statutes is amended to read:
AB514,47,2524
30.19
(1m) Exception. Exceptions. (intro.) Subsection
(1) (1g) does not apply
25to any of the following:
AB514, s. 171
1Section
171. 30.19 (1m) (a) of the statutes is amended to read:
AB514,48,22
30.19
(1m) (a) The construction
and
or repair of
any public
highways
highway.
AB514, s. 172
3Section
172. 30.19 (1m) (b) of the statutes is amended to read:
AB514,48,44
30.19
(1m) (b) Any agricultural
uses
use of land.
AB514, s. 173
5Section
173. 30.19 (1m) (c) and (d) of the statutes are repealed.
Note: Current s. 30.19, which requires a permit for enlargement and protection
of waterways, contains an exception for navigable lakes and streams and any portion of
Lake Michigan within Milwaukee County. This exception is not included in this bill so
that s. 30.19 will apply uniformly to all navigable waters. However, current s. 30.05
(renumbered s. 30.223) continues to apply where lake bed grants have been made.
AB514, s. 174
6Section
174. 30.19 (1m) (e) of the statutes is amended to read:
AB514,48,97
30.19
(1m) (e) Any work required to maintain the original dimensions of an
8enlargement of
a waterway authorized an artificial water body done pursuant to a
9permit or legislative authorization under sub.
(1) (a) or (b) (1g) (a) or (am).
AB514, s. 175
10Section
175. 30.19 (1m) (f) of the statutes is created to read:
AB514,48,1211
30.19
(1m) (f) Any work required to maintain any water body that serves as
12a connection under sub. (1g) (b).
AB514, s. 176
13Section
176. 30.19 (2) (intro.) and (a) to (d) of the statutes are repealed.
AB514, s. 177
14Section
177. 30.19 (2) (e) of the statutes is renumbered 30.19 (3b) (b) and
15amended to read:
AB514,49,216
30.19
(3b) (b) The
name and address of the secretary of any property owners'
17association
pertaining formed with respect to the bodies of water affected by the
18project
or if there is no such association, the names and addresses of. If no property
19owners' association exists, the department shall give notice to at least 5 persons who
20own real property located adjacent to the bodies of water. If fewer than 5 persons own
21real property located adjacent to the bodies of water, the
names and addresses of such
1persons that own real estate so located shall be given
department shall give notice
2to all of these persons.
AB514, s. 178
3Section
178. 30.19 (2) (f) of the statutes is repealed.
AB514, s. 179
4Section
179. 30.19 (3) (title) of the statutes is repealed.
AB514, s. 180
5Section
180. 30.19 (3) (a) of the statutes is renumbered 30.19 (3b) (a) and
6amended to read:
AB514,49,107
30.19
(3b) (a)
Section 30.02 (3) and (4) applies to permit applications under sub.
8(1) (b) and (c). Notice shall be provided to the clerks of the county and The clerk of
9each municipality in which the project or affected body of water is located
and to the
10persons under sub. (2) (e). For any permit application which affects the.
AB514,49,15
11(c) The Milwaukee Metropolitan Sewerage District for a project that would
12affect the Milwaukee River, the Menomonee River, the Kinnickinnic River, the Root
13River or any tributary of those rivers
, special notice shall be given to the Milwaukee
14metropolitan sewerage district. The metropolitan sewerage district shall have 30
15days to respond to the special notice.
AB514, s. 181
16Section
181. 30.19 (3) (b) of the statutes is repealed.
AB514, s. 182
17Section
182. 30.19 (3b) (intro.) of the statutes is created to read:
AB514,50,218
30.19
(3b) Action by department. (intro.) Upon receipt of a complete
19application for a permit under sub. (1g), the department shall follow the procedure
20allowing the department to give notice under s. 30.245 or shall deny the application
21as provided in s. 30.246 (1). Upon receipt of a complete application for a permit under
22sub. (1g) (b) or (c) for a project in which there is or will be an effect on navigable waters
23other than an effect on water quality, the department shall give notice of receipt of
24the application as provided in s. 30.244 or shall deny the application as provided in
1s. 30.246 (1). In addition to the notice requirements under s. 30.246 (2), the
2department shall give notice to all of the following:
Note: This provision continues the applicability of notice and hearing provisions
only to permit applications under sub. (2) (b) and (c). Under the current statute, the notice
and hearing is not required for dredging artificial water bodies for the purpose of
connection to a navigable waterway or where part of the artificial water body is within
500 feet of the ordinary high-water mark of the navigable waterway. In addition, an
exemption from the notice and hearing is provided for grading or removing topsoil from
the bank of navigable waters where the only effect is on water quality. This exemption
allows DNR to develop a "short form" permit for grading or removing topsoil from the
bank where advance notice is given to the department and the work conforms to rules of
the department that describe methods for such work.
AB514, s. 183
3Section
183. 30.19 (4) of the statutes is renumbered 30.19 (4) (intro.) and
4amended to read:
AB514,50,85
30.19
(4) Issuance of permit. (intro.)
If the department finds that the project
6will not injure public rights or interest, including fish and game habitat, that the The
7department shall issue a permit under this section if the department determines that
8all of the following apply:
AB514,50,10
9(b) The project will not cause environmental pollution
as defined in s. 299.01
10(4), that any.
AB514,50,13
11(c) Any enlargement connected to
a navigable
waterways conforms to the
12requirement of waterway complies with all of the laws
for the relating to platting of
13land and
for sanitation
and that no.
AB514,50,17
14(d) No material injury
will result to the rights of any riparian owners
on any
15body of water affected will result, the department shall issue a permit authorizing
16the enlargement of the affected waterways of real property that abuts any water body
17that is affected by the project.
AB514, s. 184
18Section
184. 30.19 (4) (a) of the statutes is created to read: