AB514: Bill Text

AB514, s. 132 Section 132. 30.18 (2) (a) (intro.) of the statutes is amended to read:

AB514,40,14 30.18 (2) (a) Streams Diversions from streams. (intro.) No Unless a permit has been issued under this section, no person may divert water from a stream in this state without a permit under this section if the diversion meets either of the following conditions if any of the following applies:

AB514, s. 133 Section 133. 30.18 (2) (b) of the statutes is amended to read:

AB514,40,22 30.18 (2) (b) Streams or Major diversions from streams or lakes. No Unless a permit has been issued under this section, no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without a permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss is a major diversion. This paragraph does not apply to a person who is required to obtain an approval under s. 281.41.

AB514, s. 134 Section 134. 30.18 (3) (title) and (a) (title), 1. and 2. of the statutes are repealed.

AB514, s. 135 Section 135. 30.18 (3) (a) 3. of the statutes is renumbered 30.18 (3m) (a) and amended to read:

AB514,41,5 30.18 (3m) (a) For a diversion under sub. (2) (a) 2., the application shall include written Written statements of consent to the diversion from all riparian owners who are making beneficial use of the water proposed to be diverted.

AB514, s. 136 Section 136. 30.18 (3) (a) 4. of the statutes is repealed.

AB514, s. 137 Section 137. 30.18 (3) (b) of the statutes is repealed.

AB514, s. 138 Section 138. 30.18 (3m) (intro.) of the statutes is created to read:

AB514,41,11 30.18 (3m) Applications for permits; specific requirements. (intro.) An application for a permit under this section to divert water from a stream for the purpose of agriculture or irrigation shall include all of the following:

AB514, s. 139 Section 139. 30.18 (3m) (b) of the statutes is created to read:

AB514,41,15 30.18 (3m) (b) Evidence of permission or authority to enter any land through which it is proposed to divert the water for the purpose of obtaining information required for drafting the plans for the project.

AB514, s. 140 Section 140. 30.18 (4) (title) of the statutes is repealed and recreated to read:

AB514,41,17 30.18 (4) (title) Action by department.

AB514, s. 141 Section 141. 30.18 (4) (a) of the statutes is renumbered 30.18 (4) (a) (intro.) and amended to read:

AB514,42,2 30.18 (4) (a) (intro.) Upon receipt of a complete application for a permit under this section, the department shall follow the notice and hearing procedures under s. 30.02 (3) and (4) either deny the application as provided in s. 30.246 (1) or shall give notice of receipt of the application for the permit as provided in s. 30.244. In addition to the notice requirements under s. 30.02 (3) and (4) 30.246 (2), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the all of the following:

AB514,42,4 2. The clerk of the next town municipality that is the next municipality downstream, to the from the point of the proposed diversion.

AB514,42,7 3. The clerk of any village or city each municipality in which the lake or stream from which water is proposed to be diverted is located and which is adjacent to any municipality in which the diversion will take place and to each.

AB514,42,8 4. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB514, s. 142 Section 142. 30.18 (4) (a) 1. of the statutes is created to read:

AB514,42,10 30.18 (4) (a) 1. Each owner of land over which water is proposed to be diverted.

AB514, s. 143 Section 143. 30.18 (4) (b) of the statutes is amended to read:

AB514,42,15 30.18 (4) (b) If a hearing on the application for a permit under this section is conducted as a part of a hearing under s. 293.43, the notice and hearing provisions in that section supersede the notice, mediation, and hearing provisions of par. (a) under ss. 30.244 and 30.246.

AB514, s. 144 Section 144. 30.18 (5) (title) of the statutes is repealed and recreated to read:

AB514,42,17 30.18 (5) (title) Issuance of permits.

AB514, s. 145 Section 145. 30.18 (5) (a) (intro.) of the statutes is amended to read:

AB514,42,21 30.18 (5) (a) Streams Diversions from streams. (intro.) The department shall approve an application for issue a permit required under sub. (2) (a) if the department determines both that all of the following conditions apply:

AB514, s. 146 Section 146. 30.18 (5) (a) 1. of the statutes is amended to read:

AB514,42,24 30.18 (5) (a) 1. That the The proposed diversion will not injure any public rights in navigable waters be detrimental to the public interest.

AB514, s. 147 Section 147. 30.18 (5) (a) 1m. of the statutes is created to read:

AB514,43,1 30.18 (5) (a) 1m. The proposed diversion is for use on riparian land.

AB514, s. 148 Section 148. 30.18 (5) (a) 2. of the statutes is amended to read:

AB514,43,6 30.18 (5) (a) 2. That the Either the water to be diverted is surplus water, or if it is not surplus water, that all riparians not being beneficially used or all riparian owners who may be adversely affected by the diversion have consented to the proposed diversion.

AB514, s. 149 Section 149. 30.18 (5) (b) of the statutes is amended to read:

AB514,43,13 30.18 (5) (b) Streams Major diversions from streams or lakes. The department shall approve an application for issue a permit required under sub. (2) (b) for a major diversion if the grounds for approval specified under s. 281.35 (5) (d) are met and, if the. If a permit is also required under sub. (2) (a), if the department makes the determinations specified under par. (a) shall issue a permit under this paragraph only if the conditions for a permit under par. (a) apply to the major diversion.

AB514, s. 150 Section 150. 30.18 (6) (title) of the statutes is amended to read:

AB514,43,15 30.18 (6) (title) Permits; use of water Permit conditions; reporting; review.

AB514, s. 151 Section 151. 30.18 (6) (a) of the statutes is amended to read:

AB514,43,21 30.18 (6) (a) Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted and the times during which water may be diverted. In addition, if the permit is one which is required under sub. (2) (b) for a major diversion, the permit shall comply with s. 281.35 (6).

AB514, s. 152 Section 152. 30.18 (6) (b) of the statutes is renumbered 30.18 (6) (dm) and amended to read:

AB514,44,4 30.18 (6) (dm) Use of water. A person who is issued a permit for the purpose of irrigation or agriculture may use the water on any land contiguous to the permittee's riparian land, but may not withdraw more water than it did the permittee withdrew before August 1, 1957, without applying to the department for a modification of the permit unless the department approves the additional amount to be withdrawn by modifying the permittee's permit.

AB514, s. 153 Section 153. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and amended to read:

AB514,44,11 30.18 (6) (bm) Reporting required. The department shall require each permittee A person who is issued a permit under this section to report its shall report to the department the volume and rate of withdrawal and its volume and rate of water loss, if any,. The report shall be in the form and at the times specified by the department.

AB514, s. 154 Section 154. 30.18 (6) (cm) 3. of the statutes is created to read:

AB514,44,14 30.18 (6) (cm) 3. A permit issued under this section before August 1, 1957, is exempt from the review requirements under subds. 1. and 2.

AB514, s. 155 Section 155. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm) (title).

AB514, s. 156 Section 156. 30.18 (6) (d) of the statutes is renumbered 30.18 (6) (cm) 1. and amended to read:

AB514,44,22 30.18 (6) (cm) 1. If the permit is one that is required under sub. (2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957, Except as provided in subds. 2. and 3. the department shall review the permit at least once every 5 years.

AB514,44,24 2. If the permit is one that is required under sub. (2) (b) for a major diversion, the department shall review the permit as required under s. 281.35 (6) (b).

AB514, s. 157 Section 157. 30.18 (6m) (title) of the statutes is repealed and recreated to read:

AB514,45,1 30.18 (6m) (title) Rescission.

AB514, s. 158 Section 158. 30.18 (6m) (a) (intro.) of the statutes is amended to read:

AB514,45,6 30.18 (6m) (a) Streams; mandatory rescission. (intro.) The department shall revoke rescind a permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that any of the following applies:

AB514, s. 159 Section 159. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

AB514,45,11 30.18 (6m) (a) 1. That the The water being diverted is no longer surplus water, except that the department may allow the diversion to continue if all riparians has become water that is being beneficially used, unless all riparian owners adversely affected by the diversion continue to consent to it.

AB514,45,13 2. If the diversion is from a stream designated by the department as a trout stream, that the revocation the rescission is desirable for conservation purposes.

AB514, s. 160 Section 160. 30.18 (6m) (b) of the statutes is amended to read:

AB514,45,18 30.18 (6m) (b) Streams; discretionary rescission. The department may revoke rescind any permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that the diversion is detrimental to the stream from which the water is diverted.

AB514, s. 161 Section 161. 30.18 (6m) (c) of the statutes is amended to read:

AB514,45,22 30.18 (6m) (c) Major diversion. The department may revoke a recind any permit issued under sub. (5) (b) for a major diversion only as provided under s. 281.35 (6).

AB514, s. 162 Section 162. 30.18 (7) of the statutes is amended to read:

AB514,46,14 30.18 (7) Prerequisites to project construction work. After an application under this section has been filed with the department, the applicant may enter any land through which it is proposed to divert the water for the purposes of making any surveys required for drafting the plans for the project, but no work shall Work may not be commenced on the canal, headworks, or other structures necessary for the project for which a permit has been issued under this section until the plans for the same canal, headworks, or other structures have been approved by the department. Any person having received who has been issued a permit required under sub. (2) (a) for a diversion that is not a major diversion may construct commence the work upon the land of another the canal and other works as authorized by the permit only after the damage which will be sustained by the owner or owners of such of that land has been satisfied, or has been determined as provided for in ch. 32, and compensated for any damages that the owner will incur as a result of the work or after the final sum so for condemnation of the property under ch. 32 has been determined and all costs have been paid to the persons entitled thereto owner or to the clerk of the circuit court on 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 Section 163. 30.18 (8) of the statutes is renumbered 30.353.

AB514, s. 164 Section 164. 30.18 (9) of the statutes is repealed.

AB514, s. 165 Section 165. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.) and amended to read:

AB514,46,21 30.19 (1g) Permits required. (intro.) Unless a permit has been granted by the department issued under this section or authorization has been granted by the legislature, it is unlawful no person may do any of the following:

AB514, s. 166 Section 166. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and amended to read:

AB514,47,4 30.19 (1g) (a) To construct Construct, dredge, or enlarge any artificial waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other navigable waters, or where water body that connects with a navigable waterway.

AB514,47,7 (am) Construct, dredge, or enlarge any part of the an artificial waterway water body that is located within 500 feet of the ordinary high-water mark of an existing navigable stream, lake or other navigable waters waterway.

AB514, s. 167 Section 167. 30.19 (1) (b) of the statutes is renumbered 30.19 (1g) (b) and amended to read:

AB514,47,13 30.19 (1g) (b) To connect any natural or artificially constructed Connect, by a navigable surface channel, any navigable waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway or any artificial water body with an existing body of a navigable water, for navigation or any other purpose waterway.

AB514, s. 168 Section 168. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and amended to read:

AB514,47,18 30.19 (1g) (c) To grade or otherwise Grade or remove top soil topsoil from the bank of any navigable stream, lake or other body of navigable water waterway where the area exposed by such the grading or removal will exceed 10,000 square feet.

AB514, s. 169 Section 169. 30.19 (1b) of the statutes is created to read:

AB514,47,22 30.19 (1b) Definition. In the section, "artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

AB514, s. 170 Section 170. 30.19 (1m) (intro.) of the statutes is amended to read:

AB514,47,25 30.19 (1m) Exception. Exceptions. (intro.) Subsection (1) (1g) does not apply to any of the following:

AB514, s. 171 Section 171. 30.19 (1m) (a) of the statutes is amended to read:

AB514,48,2 30.19 (1m) (a) The construction and or repair of any public highways highway.

AB514, s. 172 Section 172. 30.19 (1m) (b) of the statutes is amended to read:

AB514,48,4 30.19 (1m) (b) Any agricultural uses use of land.

AB514, s. 173 Section 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 Section 174. 30.19 (1m) (e) of the statutes is amended to read:

AB514,48,9 30.19 (1m) (e) Any work required to maintain the original dimensions of an enlargement of a waterway authorized an artificial water body done pursuant to a permit or legislative authorization under sub. (1) (a) or (b) (1g) (a) or (am).

AB514, s. 175 Section 175. 30.19 (1m) (f) of the statutes is created to read:

AB514,48,12 30.19 (1m) (f) Any work required to maintain any water body that serves as a connection under sub. (1g) (b).