AB926: Bill Text

AB926,5,22 281.34 Groundwater withdrawals. (1) Definitions. In this section:

AB926,5,24 (a) "Groundwater protection area" means an area within 1,200 feet of any of the following:

AB926,6,2 1. An outstanding resource water identified under s. 281.15 that is not a trout stream.

AB926,6,4 2. An exceptional resource water identified under s. 281.15 that is not a trout stream.

AB926,6,7 3. A class I or class II trout stream, other than a class I or class II trout stream that is a farm drainage ditch with no prior stream history, as identified under sub. (8) (a).

AB926,6,10 (b) "High capacity well" means a well that, together with all other wells on the same property, has a capacity and rate of withdrawal of more than 100,000 gallons per day.

AB926,6,15 (c) "Local governmental unit" means a city, village, town, county, town sanitary district, utility district under s. 66.0827 that provides water, public inland lake protection and rehabilitation district that has town sanitary district powers under s. 33.22 (3), joint local water authority created under s. 66.0823, or municipal water district under s. 198.22.

AB926,6,17 (d) "Owner" means a person who owns property on which a well is located or proposed to be located or the designated representative of such a person.

AB926,6,20 (e) "Potentiometric surface" means a measure of pressure of groundwater in an aquifer based on the level to which groundwater will rise in a well placed in the aquifer.

AB926,6,23 (f) "Spring" means an area of concentrated groundwater discharge occurring at the surface of the land that results in a current of flowing water with flows of a minimum of one cubic foot per second at least 80 percent of the time.

AB926,6,25 (g) "Water loss" means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.

AB926,7,3 (h) "Well" means any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater.

AB926,7,8 (2) Approval required for high capacity wells. An owner shall apply to the department for approval before construction of a high capacity well begins. No person may construct or withdraw water from a high capacity well without the approval of the department under this section or under s. 281.17 (1), 2001 stats. An owner applying for approval under this subsection shall pay a fee of $500.

AB926,7,12 (3) Notification required for other wells. An owner shall notify the department of the location of a well that is not a high capacity well before construction of the well begins. An owner notifying the department under this subsection shall pay a fee of $50.

AB926,7,20 (4) Environmental review. The department shall review an application for approval of any of the following using the environmental review process in its rules promulgated under s. 1.11 applicable to an action that has the potential to cause significant environmental effects and that may involve unresolved conflicts in the use of available resources or to an action that normally does not have the potential to cause significant environmental effects, normally does not significantly affect energy usage, and normally does not involve unresolved conflicts in the use of available resources:

AB926,7,21 (a) A high capacity well that is located in a groundwater protection area.

AB926,7,23 (b) A high capacity well with a water loss of 95 percent of the amount of water withdrawn.

AB926,7,25 (c) A high capacity well that may have a significant environmental impact on a spring.

AB926,8,7 (5) Standards and conditions for approval. (a) Public water supply. If the department determines that a proposed high capacity well may impair the water supply of a public utility engaged in furnishing water to or for the public, the department may not approve the high capacity well unless it includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that will ensure that the water supply of the public utility will not be impaired.

AB926,8,15 (b) Groundwater protection area. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926,8,23 2. Subdivision 1. does not apply to a proposed high capacity well that is located in a groundwater protection area and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB926,9,5 (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn, the department may not approve the high capacity well unless it includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926,9,13 (d) Impact on a spring. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well that may have a significant environmental impact on a spring, the department may not approve the high capacity well unless it includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926,9,21 2. Subdivision 1. does not apply to a proposed high capacity well that may have a significant environmental impact on a spring and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB926,9,24 (e) All high capacity wells. 1. If s. 281.35 applies to a proposed high capacity well, the department shall include in the approval conditions that ensure that the high capacity well complies with s. 281.35.

AB926,10,3 2. The department shall include in the approval for each high capacity well requirements that the owner identify the location of the high capacity well and submit an annual pumping report.

AB926,10,7 (6) Preexisting high capacity wells. (a) The owner of a high capacity well for which the department issued an approval under s. 281.17 (1), 2001 stats., shall provide to the department information concerning the location of the well and an annual pumping report.

AB926,10,9 (b) The department shall promulgate rules specifying the date and method by which owners of high capacity wells shall comply with par. (a).

AB926,10,14 (7) Modifying and rescinding approvals for high capacity wells. The department may modify or rescind the approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., if the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to the approval of the high capacity well.

AB926,10,24 (8) Groundwater protection areas. (a) The department shall promulgate rules identifying class I and class II trout streams for the purposes of this section. The department shall identify as a class I trout stream a stream or portion of a stream with a self-sustaining population of trout. The department shall identify as a class II trout stream a stream or portion of a stream that contains a population of trout made up of one or more age groups, above the age one year, in sufficient numbers to indicate substantial survival from one year to the next but in which stocking is necessary to fully utilize the available trout habitat or to sustain the fishery. In the rules under this paragraph, the department shall identify any class I or class II trout stream that is a farm drainage ditch with no prior stream history.

AB926,11,2 (b) The department shall create accurate images of groundwater protection areas.

AB926,11,5 (c) A person who proposes to construct a high capacity well may request the department to determine whether the proposed location of the high capacity well is within a groundwater protection area.

AB926,11,15 (d) The department shall administer a program to mitigate the effects of wells constructed before the effective date of this paragraph .... [revisor inserts date], that are located in groundwater protection areas. Mitigation may include abandonment of wells, replacement of wells at different locations, and management strategies. Under the mitigation program, the department may order the owner of a well constructed before the effective date of this paragraph .... [revisor inserts date], that is located in a groundwater protection area to undertake mitigation but only if the department provides funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under ch. 280 to require the well to be abandoned because of issues regarding public health.

AB926,11,22 (9) Groundwater management areas. (a) The department shall, by rule, designate 2 groundwater management areas including and surrounding Brown County and Waukesha County consisting of the entire area of each city, village, and town at least a portion of which is within the area in which, on the effective date of this paragraph .... [revisor inserts date], the groundwater potentiometric surface has been reduced 150 feet or more from the level at which the potentiometric surface would be if no groundwater had been pumped.

AB926,12,2 (b) The department shall assist local governmental units and regional planning commissions in groundwater management areas designated under par. (a) by providing advice, incentives, and funding for research and planning related to groundwater management.

AB926,12,7 (c) If the groundwater quantity committee created under 2003 Wisconsin Act .... (this act), section 15 (2) (b ) does not issue the report under 2003 Wisconsin Act .... (this act), section 15 (2) (e ) by January 1, 2007, the department shall promulgate rules using its authority under ss. 281.12 (1) and 281.35 to address the management of groundwater in groundwater management areas.

AB926,12,10 (10) Research and monitoring. To aid in the administration of this section the department shall, with the advice of the groundwater coordinating council, conduct monitoring and research related to all of the following:

AB926,12,11 (a) Interaction of groundwater and surface water.

AB926,12,12 (b) Characterization of groundwater resources.

AB926,12,13 (c) Strategies for managing water.

AB926, s. 8 Section 8. 281.35 (1) (a) of the statutes is amended to read:

AB926,12,16 281.35 (1) (a) "Approval" means a permit issued under s. 30.18 or an approval under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.

AB926, s. 9 Section 9. 281.35 (1) (b) 2. of the statutes is amended to read:

AB926,12,21 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 30.18 (6) (c), 196.98, 281.17 (1) 281.34, or 281.41 or s. 281.17 (1), 2001 stats.

AB926, s. 10 Section 10. 281.35 (4) (a) 2. of the statutes is amended to read:

AB926,12,25 281.35 (4) (a) 2. A person who is operating a well under an approval issued under s. 281.17 (1) or who is required to obtain an approval under that paragraph before constructing or installing a well, 2001 stats.

AB926, s. 11 Section 11. 281.35 (4) (a) 2m. of the statutes is created to read:

AB926,13,4 281.35 (4) (a) 2m. A person who is operating a well under an approval issued under s. 281.34 or who is required to obtain an approval under that section before constructing a well.

AB926, s. 12 Section 12. 281.35 (4) (b) (intro.) of the statutes is amended to read:

AB926,13,9 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.17 (1) 281.34, or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

AB926, s. 13 Section 13. 293.65 (3) of the statutes is amended to read:

AB926,13,16 293.65 (3) Withdrawal of groundwater; dewatering; permit requirements. (a) An approval under s. 281.17 (1) 281.34 is required to withdraw groundwater or to dewater mines if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge pollutants resulting from the dewatering of mines.

AB926,13,23 (b) The department may not issue an approval under s. 281.17 (1) 281.34 if the withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. No withdrawal of groundwater or dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.

AB926, s. 14 Section 14. 299.05 (2) (b) of the statutes is amended to read:

AB926,13,25 299.05 (2) (b) Approvals under s. 281.17 (1) 281.34.

AB926, s. 15 Section 15 . Nonstatutory provisions.

AB926,14,5 (1) Position authorizations. The authorized FTE positions for the department of natural resources are increased by 5.0 PR positions on July 1, 2004, to be funded from the appropriation under section 20.370 (4) (cg) of the statutes, as created by this act, for groundwater quantity management.

AB926,14,6 (2) Groundwater quantity committee.

AB926,14,7 (a) In this subsection:

AB926,14,9 1. "Groundwater protection area" has the meaning given in section 281.34 (1) (a) of the statutes, as created by this act.

AB926,14,11 2. "High capacity well" has the meaning given in section 281.34 (1) (b) of the statutes, as created by this act.

AB926,14,13 3. "Local governmental unit" has the meaning given in section 281.34 (1) (c) of the statutes, as created by this act.

AB926,14,15 4. "Spring" has the meaning given in section 281.34 (1) (f) of the statutes, as created by this act.

AB926,14,17 5. "Water loss" has the meaning given in section 281.34 (1) (g) of the statutes, as created by this act.

AB926,14,19 (b) There is created a groundwater quantity committee consisting of the following members:

AB926,14,20 1. Four persons appointed by the governor.

AB926,14,21 2. Four persons appointed by the speaker of the assembly.

AB926,14,22 3. Four persons appointed by the majority leader of the senate.

AB926,14,23 4. The secretary of natural resources or the secretary's designee.

AB926,14,25 (c) Each appointing authority under paragraph (b) 1. to 3 . shall appoint one member representing each of the following interests:

AB926,15,1 1. Industrial.

AB926,15,2 2. Agricultural.

AB926,15,3 3. Environmental.

AB926,15,4 4. Municipal.

AB926,15,6 (d) The speaker of the assembly and the majority leader of the senate shall each designate one appointee as cochairperson of the groundwater quantity committee.

AB926,15,11 (e) No later than December 31, 2006, the groundwater quantity committee shall report to the standing committees of the legislature with jurisdiction over environmental matters, in the manner provided in section 13.172 (3) of the statutes, recommendations for legislation to address the management of groundwater in the following areas, and administrative rules to implement the legislation:

AB926,15,13 1. Groundwater management areas, as designated under section 281.34 (9) (a) of the statutes, as created by this act.

AB926,15,19 2. Other areas of the state in which the withdrawal of groundwater over the long term adversely affects the availability of water for use or adversely affects water quality due to the effects of drawdown of the groundwater and in which there is a need for a coordinated response among the state, local governmental units, regional planning commissions, and public and private users of groundwater to address the effects on groundwater availability or quality.

AB926,15,25 (f) The groundwater quantity committee shall recommend under paragraph (e ) a coordinated strategy for addressing groundwater management issues by affected local governmental units and regional planning commissions with the assistance of the department of natural resources and other state agencies. The committee shall consult with affected local governmental units in the preparation of the recommendations under paragraph (e ).

AB926,16,12 (g) The groundwater quantity committee shall review the implementation of section 281.34 of the statutes, as created by this act. No later than December 31, 2007, the groundwater quantity committee shall report to the standing committees of the legislature with jurisdiction over environmental matters, in the manner provided in section 13.172 (3) of the statutes, the results of this review and the committee's recommendations for changes in the regulation of high capacity wells that are in groundwater protection areas, that have a water loss of 95 percent or more, or that have a significant environmental impact on a spring. The committee shall include in the report recommendations for statutory authorization for groundwater management strategies that permit adaptation of the regulation of high capacity wells as relevant information becomes available or groundwater conditions change.

AB926,16,14 (h) The department of natural resources shall staff and provide funding for the groundwater quantity committee.

AB926,16,15 (i) The groundwater quantity committee terminates on December 31, 2007.

AB926,17,2 (3) Identification of groundwater protection areas. Notwithstanding section 281.34 (1) (a) 3. of the statutes, as created by this act, until the effective date of the rules promulgated under section 281.34 (8) (a) of the statutes, as created by this act, or the first day of the 19th month beginning after the effective date of this subsection, whichever is later, the department shall identify which streams are class I and class II trout streams, other than class I or class II trout streams that are farm drainage ditches with no prior stream history, for the purpose of identifying groundwater protection areas using sections NR 102.10 and 102.11, Wisconsin Administrative Code, the version of the department's publication Wisconsin Trout Streams published most recently before the effective date of this subsection, and the information available to the department concerning farm drainage ditches.

AB926, s. 16 Section 16. Initial applicability.

AB926,17,7 (1) High capacity wells. The treatment of sections 281.17 (1) and 281.34 (2) of the statutes first applies to an application for approval of a high capacity well that is received by the department of natural resources on the day after the effective date of this subsection.

AB926,17,8 (End)