AB926: Bill Text

Modifying and rescinding approvals

The bill authorizes DNR to modify or rescind the approval for a high capacity well, whether issued before or after this bill takes effect, if the high capacity well or the use of the high capacity well does not conform to the standards and conditions applicable to the approval of the well.

Mitigation in groundwater protection areas

The bill requires DNR to administer a program to mitigate the effects of wells constructed in groundwater protection areas before this bill takes effect. Mitigation may include abandonment of wells, replacement of wells at different locations, and management strategies. Under the program, DNR may order the owner of a well to undertake mitigation but only if DNR provides funding for the full cost of the mitigation.

Groundwater management areas

The bill requires DNR to identify two groundwater management areas by rule. One would be centered in Brown County and the other centered in Waukesha County. DNR is to identify these groundwater areas by first determining the areas in which the level of water in a well placed in the aquifer would be 150 feet lower than the level would have been if no groundwater had been pumped from the aquifer. A groundwater management area consists of the entire area of each city, village, and town at least a portion of which is within the area with the lowered well water level.

The bill requires DNR to assist local governmental units in groundwater management areas by providing advice, incentives, and funding for research and planning related to groundwater management.

The bill creates a committee, called the Groundwater Quantity Committee, consisting of members, appointed by the governor, the speaker of the assembly, and the senate majority leader, representing industrial, agricultural, environmental, and municipal interests and the secretary of natural resources or the secretary's designee. The bill requires the Groundwater Quantity Committee to report to the legislature, no later than December 31, 2006, recommendations for legislation to address groundwater issues in groundwater management areas and other areas in the state in which the withdrawal of groundwater adversely affects the availability of groundwater for use or adversely affects water quality. If the Groundwater Quantity Committee fails to issue the report on time, the bill requires DNR to promulgate rules to address the management of groundwater in groundwater management areas using authority that DNR has under current law.

The bill also requires the Groundwater Quantity Committee to review the implementation of the provisions of this bill and to report to the legislature, no later than December 31, 2007, the results of this review and recommendations for changes in the regulation of high capacity wells.

Notification of well construction, fees

The bill requires a landowner to notify DNR of the location of a well that is not a high capacity well before construction of the well begins. The bill requires a landowner providing this notice to pay a fee of $50.

The bill requires a person applying for approval of a high capacity well to pay a fee of $500.

Research and monitoring

The bill requires DNR to conduct research and monitoring related to the interaction of groundwater and surface water, characterization of groundwater resources, and strategies for managing water.

For further information see the state and local 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:

AB926, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB926, s. 2 Section 2. 20.370 (4) (cg) of the statutes is created to read:

AB926,5,4 20.370 (4) (cg) Groundwater quantity administration. From the general fund, from the moneys received under s. 281.34, the amounts in the schedule for the administration of the program under s. 281.34.

AB926, s. 3 Section 3. 20.370 (4) (ch) of the statutes is created to read:

AB926,5,8 20.370 (4) (ch) Groundwater quantity research. Biennially, from the general fund, from the moneys received under s. 281.34, the amounts in the schedule for groundwater research and monitoring under s. 281.34 (10).

AB926, s. 4 Section 4. 20.370 (6) (eg) of the statutes is created to read:

AB926,5,13 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation under s. 281.34 (8) (d) and funding to local governmental units under s. 281.34 (9) (b).

AB926, s. 5 Section 5. 23.11 (5) of the statutes is amended to read:

AB926,5,19 23.11 (5) The department may require an applicant for a permit or statutory approval which the department, by order, may grant, to submit an environmental impact report if the area affected exceeds 40 acres or , the estimated cost of the project exceeds $25,000, or the applicant is requesting approval under s. 281.34 for a high capacity well.

AB926, s. 6 Section 6. 281.17 (1) of the statutes is repealed.

AB926, s. 7 Section 7. 281.34 of the statutes is created to read:

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.