AB926, s. 2
1Section 2. 20.370 (4) (cg) of the statutes is created to read:
AB926,5,42 20.370 (4) (cg) Groundwater quantity administration. From the general fund,
3from the moneys received under s. 281.34, the amounts in the schedule for the
4administration of the program under s. 281.34.
AB926, s. 3 5Section 3. 20.370 (4) (ch) of the statutes is created to read:
AB926,5,86 20.370 (4) (ch) Groundwater quantity research. Biennially, from the general
7fund, from the moneys received under s. 281.34, the amounts in the schedule for
8groundwater research and monitoring under s. 281.34 (10).
AB926, s. 4 9Section 4. 20.370 (6) (eg) of the statutes is created to read:
AB926,5,1310 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys
11received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation
12under s. 281.34 (8) (d) and funding to local governmental units under s. 281.34 (9)
13(b).
AB926, s. 5 14Section 5. 23.11 (5) of the statutes is amended to read:
AB926,5,1915 23.11 (5) The department may require an applicant for a permit or statutory
16approval which the department, by order, may grant, to submit an environmental
17impact report if the area affected exceeds 40 acres or , the estimated cost of the project
18exceeds $25,000, or the applicant is requesting approval under s. 281.34 for a high
19capacity well
.
AB926, s. 6 20Section 6. 281.17 (1) of the statutes is repealed.
AB926, s. 7 21Section 7. 281.34 of the statutes is created to read:
AB926,5,22 22281.34 Groundwater withdrawals. (1) Definitions. In this section:
AB926,5,2423 (a) "Groundwater protection area" means an area within 1,200 feet of any of
24the following:
AB926,6,2
11. An outstanding resource water identified under s. 281.15 that is not a trout
2stream.
AB926,6,43 2. An exceptional resource water identified under s. 281.15 that is not a trout
4stream.
AB926,6,75 3. A class I or class II trout stream, other than a class I or class II trout stream
6that is a farm drainage ditch with no prior stream history, as identified under sub.
7(8) (a).
AB926,6,108 (b) "High capacity well" means a well that, together with all other wells on the
9same property, has a capacity and rate of withdrawal of more than 100,000 gallons
10per day.
AB926,6,1511 (c) "Local governmental unit" means a city, village, town, county, town sanitary
12district, utility district under s. 66.0827 that provides water, public inland lake
13protection and rehabilitation district that has town sanitary district powers under
14s. 33.22 (3), joint local water authority created under s. 66.0823, or municipal water
15district under s. 198.22.
AB926,6,1716 (d) "Owner" means a person who owns property on which a well is located or
17proposed to be located or the designated representative of such a person.
AB926,6,2018 (e) "Potentiometric surface" means a measure of pressure of groundwater in an
19aquifer based on the level to which groundwater will rise in a well placed in the
20aquifer.
AB926,6,2321 (f) "Spring" means an area of concentrated groundwater discharge occurring
22at the surface of the land that results in a current of flowing water with flows of a
23minimum of one cubic foot per second at least 80 percent of the time.
AB926,6,2524 (g) "Water loss" means a loss of water from the basin from which it is withdrawn
25as a result of interbasin diversion or consumptive use or both.
AB926,7,3
1(h) "Well" means any drillhole or other excavation or opening deeper than it is
2wide that extends more than 10 feet below the ground surface and is constructed for
3the purpose of obtaining groundwater.
AB926,7,8 4(2) Approval required for high capacity wells. An owner shall apply to the
5department for approval before construction of a high capacity well begins. No
6person may construct or withdraw water from a high capacity well without the
7approval of the department under this section or under s. 281.17 (1), 2001 stats. An
8owner applying for approval under this subsection shall pay a fee of $500.
AB926,7,12 9(3) Notification required for other wells. An owner shall notify the
10department of the location of a well that is not a high capacity well before
11construction of the well begins. An owner notifying the department under this
12subsection shall pay a fee of $50.
AB926,7,20 13(4) Environmental review. The department shall review an application for
14approval of any of the following using the environmental review process in its rules
15promulgated under s. 1.11 applicable to an action that has the potential to cause
16significant environmental effects and that may involve unresolved conflicts in the
17use of available resources or to an action that normally does not have the potential
18to cause significant environmental effects, normally does not significantly affect
19energy usage, and normally does not involve unresolved conflicts in the use of
20available resources:
AB926,7,2121 (a) A high capacity well that is located in a groundwater protection area.
AB926,7,2322 (b) A high capacity well with a water loss of 95 percent of the amount of water
23withdrawn.
AB926,7,2524 (c) A high capacity well that may have a significant environmental impact on
25a spring.
AB926,8,7
1(5) Standards and conditions for approval. (a) Public water supply. If the
2department determines that a proposed high capacity well may impair the water
3supply of a public utility engaged in furnishing water to or for the public, the
4department may not approve the high capacity well unless it includes in the approval
5conditions, which may include conditions as to location, depth, pumping capacity,
6rate of flow, and ultimate use, that will ensure that the water supply of the public
7utility will not be impaired.
AB926,8,158 (b) Groundwater protection area. 1. Except as provided in subd. 2., if the
9department determines, under the environmental review process in sub. (4), that an
10environmental impact report under s. 23.11 (5) must be prepared for a proposed high
11capacity well located in a groundwater protection area, the department may not
12approve the high capacity well unless it includes in the approval conditions, which
13may include conditions as to location, depth, pumping capacity, rate of flow, and
14ultimate use, that ensure that the high capacity well does not cause significant
15environmental impact.
AB926,8,2316 2. Subdivision 1. does not apply to a proposed high capacity well that is located
17in a groundwater protection area and that is a water supply for a public utility
18engaged in supplying water to or for the public, if the department determines that
19there is no other reasonable alternative location for a well and includes in the
20approval conditions, which may include conditions as to location, depth, pumping
21capacity, rate of flow, and ultimate use, that ensure that the environmental impact
22of the well is balanced by the public benefit of the well related to public health and
23safety.
AB926,9,524 (c) High water loss. If the department determines, under the environmental
25review process in sub. (4), that an environmental impact report under s. 23.11 (5)

1must be prepared for a proposed high capacity well with a water loss of more than
295 percent of the amount of water withdrawn, the department may not approve the
3high capacity well unless it includes in the approval conditions, which may include
4conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that
5ensure that the high capacity well does not cause significant environmental impact.
AB926,9,136 (d) Impact on a spring. 1. Except as provided in subd. 2., if the department
7determines, under the environmental review process in sub. (4), that an
8environmental impact report under s. 23.11 (5) must be prepared for a proposed high
9capacity well that may have a significant environmental impact on a spring, the
10department may not approve the high capacity well unless it includes in the approval
11conditions, which may include conditions as to location, depth, pumping capacity,
12rate of flow, and ultimate use, that ensure that the high capacity well does not cause
13significant environmental impact.
AB926,9,2114 2. Subdivision 1. does not apply to a proposed high capacity well that may have
15a significant environmental impact on a spring and that is a water supply for a public
16utility engaged in supplying water to or for the public, if the department determines
17that there is no other reasonable alternative location for a well and includes in the
18approval conditions, which may include conditions as to location, depth, pumping
19capacity, rate of flow, and ultimate use, that ensure that the environmental impact
20of the well is balanced by the public benefit of the well related to public health and
21safety.
AB926,9,2422 (e) All high capacity wells. 1. If s. 281.35 applies to a proposed high capacity
23well, the department shall include in the approval conditions that ensure that the
24high capacity well complies with s. 281.35.
AB926,10,3
12. The department shall include in the approval for each high capacity well
2requirements that the owner identify the location of the high capacity well and
3submit an annual pumping report.
AB926,10,7 4(6) Preexisting high capacity wells. (a) The owner of a high capacity well for
5which the department issued an approval under s. 281.17 (1), 2001 stats., shall
6provide to the department information concerning the location of the well and an
7annual pumping report.
AB926,10,98 (b) The department shall promulgate rules specifying the date and method by
9which owners of high capacity wells shall comply with par. (a).
AB926,10,14 10(7) Modifying and rescinding approvals for high capacity wells. The
11department may modify or rescind the approval of a high capacity well issued under
12this section or under s. 281.17 (1), 2001 stats., if the high capacity well or the use of
13the high capacity well is not in conformance with standards or conditions applicable
14to the approval of the high capacity well.
AB926,10,24 15(8) Groundwater protection areas. (a) The department shall promulgate
16rules identifying class I and class II trout streams for the purposes of this section.
17The department shall identify as a class I trout stream a stream or portion of a stream
18with a self-sustaining population of trout. The department shall identify as a class
19II trout stream a stream or portion of a stream that contains a population of trout
20made up of one or more age groups, above the age one year, in sufficient numbers to
21indicate substantial survival from one year to the next but in which stocking is
22necessary to fully utilize the available trout habitat or to sustain the fishery. In the
23rules under this paragraph, the department shall identify any class I or class II trout
24stream that is a farm drainage ditch with no prior stream history.
AB926,11,2
1(b) The department shall create accurate images of groundwater protection
2areas.
AB926,11,53 (c) A person who proposes to construct a high capacity well may request the
4department to determine whether the proposed location of the high capacity well is
5within a groundwater protection area.
AB926,11,156 (d) The department shall administer a program to mitigate the effects of wells
7constructed before the effective date of this paragraph .... [revisor inserts date], that
8are located in groundwater protection areas. Mitigation may include abandonment
9of wells, replacement of wells at different locations, and management strategies.
10Under the mitigation program, the department may order the owner of a well
11constructed before the effective date of this paragraph .... [revisor inserts date], that
12is located in a groundwater protection area to undertake mitigation but only if the
13department provides funding for the full cost of the mitigation, except that full
14funding is not required if the department is authorized under ch. 280 to require the
15well to be abandoned because of issues regarding public health.
AB926,11,22 16(9) Groundwater management areas. (a) The department shall, by rule,
17designate 2 groundwater management areas including and surrounding Brown
18County and Waukesha County consisting of the entire area of each city, village, and
19town at least a portion of which is within the area in which, on the effective date of
20this paragraph .... [revisor inserts date], the groundwater potentiometric surface has
21been reduced 150 feet or more from the level at which the potentiometric surface
22would be if no groundwater had been pumped.
AB926,12,223 (b) The department shall assist local governmental units and regional
24planning commissions in groundwater management areas designated under par. (a)

1by providing advice, incentives, and funding for research and planning related to
2groundwater management.
AB926,12,73 (c) If the groundwater quantity committee created under 2003 Wisconsin Act
4.... (this act), section 15 (2) (b ) does not issue the report under 2003 Wisconsin Act ....
5(this act), section 15 (2) (e ) by January 1, 2007, the department shall promulgate
6rules using its authority under ss. 281.12 (1) and 281.35 to address the management
7of groundwater in groundwater management areas.
AB926,12,10 8(10) Research and monitoring. To aid in the administration of this section the
9department shall, with the advice of the groundwater coordinating council, conduct
10monitoring and research related to all of the following:
AB926,12,1111 (a) Interaction of groundwater and surface water.
AB926,12,1212 (b) Characterization of groundwater resources.
AB926,12,1313 (c) Strategies for managing water.
AB926, s. 8 14Section 8. 281.35 (1) (a) of the statutes is amended to read:
AB926,12,1615 281.35 (1) (a) "Approval" means a permit issued under s. 30.18 or an approval
16under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.
AB926, s. 9 17Section 9. 281.35 (1) (b) 2. of the statutes is amended to read:
AB926,12,2118 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss
19over any 30-day period that is reported to the department or the public service
20commission under sub. (3) (c) or s. 30.18 (6) (c), 196.98, 281.17 (1) 281.34, or 281.41
21or s. 281.17 (1), 2001 stats.
AB926, s. 10 22Section 10. 281.35 (4) (a) 2. of the statutes is amended to read:
AB926,12,2523 281.35 (4) (a) 2. A person who is operating a well under an approval issued
24under s. 281.17 (1) or who is required to obtain an approval under that paragraph
25before constructing or installing a well
, 2001 stats.
AB926, s. 11
1Section 11. 281.35 (4) (a) 2m. of the statutes is created to read:
AB926,13,42 281.35 (4) (a) 2m. A person who is operating a well under an approval issued
3under s. 281.34 or who is required to obtain an approval under that section before
4constructing a well.
AB926, s. 12 5Section 12. 281.35 (4) (b) (intro.) of the statutes is amended to read:
AB926,13,96 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new
7withdrawal or increase the amount of an existing withdrawal, the person shall apply
8to the department under s. 30.18, 281.17 (1) 281.34, or 281.41 for a new approval or
9a modification of its existing approval if either of the following conditions applies:
AB926, s. 13 10Section 13. 293.65 (3) of the statutes is amended to read:
AB926,13,1611 293.65 (3) Withdrawal of groundwater; dewatering; permit requirements. (a)
12An approval under s. 281.17 (1) 281.34 is required to withdraw groundwater or to
13dewater mines if the capacity and rate of withdrawal of all wells involved in the
14withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each
15day. A permit under s. 283.31 is required to discharge pollutants resulting from the
16dewatering of mines.
AB926,13,2317 (b) The department may not issue an approval under s. 281.17 (1) 281.34 if the
18withdrawal of groundwater for prospecting or mining purposes or the dewatering of
19mines will result in the unreasonable detriment of public or private water supplies
20or the unreasonable detriment of public rights in the waters of the state. No
21withdrawal of groundwater or dewatering of mines may be made to the unreasonable
22detriment of public or private water supplies or the unreasonable detriment of public
23rights in the waters of the state.
AB926, s. 14 24Section 14. 299.05 (2) (b) of the statutes is amended to read:
AB926,13,2525 299.05 (2) (b) Approvals under s. 281.17 (1) 281.34.
AB926, s. 15
1Section 15 . Nonstatutory provisions.
AB926,14,52 (1) Position authorizations. The authorized FTE positions for the department
3of natural resources are increased by 5.0 PR positions on July 1, 2004, to be funded
4from the appropriation under section 20.370 (4) (cg) of the statutes, as created by this
5act, for groundwater quantity management.
AB926,14,66 (2) Groundwater quantity committee.
AB926,14,77 (a) In this subsection:
AB926,14,9 81. "Groundwater protection area" has the meaning given in section 281.34 (1)
9(a) of the statutes, as created by this act.
AB926,14,11 102. "High capacity well" has the meaning given in section 281.34 (1) (b) of the
11statutes, as created by this act.
AB926,14,13 123. "Local governmental unit" has the meaning given in section 281.34 (1) (c) of
13the statutes, as created by this act.
AB926,14,15 144. "Spring" has the meaning given in section 281.34 (1) (f) of the statutes, as
15created by this act.
AB926,14,17 165. "Water loss" has the meaning given in section 281.34 (1) (g) of the statutes,
17as created by this act.
AB926,14,1918 (b) There is created a groundwater quantity committee consisting of the
19following members:
AB926,14,20 201. Four persons appointed by the governor.
AB926,14,21 212. Four persons appointed by the speaker of the assembly.
AB926,14,22 223. Four persons appointed by the majority leader of the senate.
AB926,14,23 234. The secretary of natural resources or the secretary's designee.
AB926,14,2524 (c) Each appointing authority under paragraph (b) 1. to 3 . shall appoint one
25member representing each of the following interests:
AB926,15,1
11. Industrial.
AB926,15,2 22. Agricultural.
AB926,15,3 33. Environmental.
AB926,15,4 44. Municipal.
AB926,15,65 (d) The speaker of the assembly and the majority leader of the senate shall each
6designate one appointee as cochairperson of the groundwater quantity committee.
AB926,15,117 (e) No later than December 31, 2006, the groundwater quantity committee
8shall report to the standing committees of the legislature with jurisdiction over
9environmental matters, in the manner provided in section 13.172 (3) of the statutes,
10recommendations for legislation to address the management of groundwater in the
11following areas, and administrative rules to implement the legislation:
AB926,15,13 121. Groundwater management areas, as designated under section 281.34 (9) (a)
13of the statutes, as created by this act.
AB926,15,1914 2. Other areas of the state in which the withdrawal of groundwater over the
15long term adversely affects the availability of water for use or adversely affects water
16quality due to the effects of drawdown of the groundwater and in which there is a
17need for a coordinated response among the state, local governmental units, regional
18planning commissions, and public and private users of groundwater to address the
19effects on groundwater availability or quality.
AB926,15,2520 (f) The groundwater quantity committee shall recommend under paragraph (e )
21a coordinated strategy for addressing groundwater management issues by affected
22local governmental units and regional planning commissions with the assistance of
23the department of natural resources and other state agencies. The committee shall
24consult with affected local governmental units in the preparation of the
25recommendations under paragraph (e ).
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