LRB-2906/1
JTK:kjf:rs
2007 - 2008 LEGISLATURE
August 14, 2007 - Introduced by Representatives Stone, LeMahieu, Albers, Hahn,
Townsend and Petrowski, cosponsored by Senators Decker and Grothman,
by request of State of Wisconsin Claims Board. Referred to Joint Committee
on Finance.
AB486,1,3
1An Act relating to: expenditure of $10,317.93 from moneys appropriated to the
2Department of Natural Resources in payment of a claim against the state made
3by the Klemme Brothers Well Drilling, Inc.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $10,317.93 from moneys appropriated to the
Department of Natural Resources (DNR) for the current fiscal biennium for ground,
surface, and drinking water protection and sewage and water pollution discharge
control in payment of a claim against DNR made by Klemme Brothers Well Drilling,
Inc. The claimant contracted to install two wells in the town of Jackson (Washington
County) in 2004. The claimant asserted that an employee of DNR advised it that
special casing was not required in the area where the wells were to be installed, and
the wells were constructed without the casing. After the wells tested as unclean,
DNR required abandonment of the wells and the claimant was required to replace
the wells with new wells using special casing. The claimant claimed $17,405.00 for
the cost of replacing the abandoned wells. DNR maintains that the claimant
discussed various well locations with its employee and the legal description of the
property provided by the claimant was incorrect and may have contributed to the
erroneous information that led to construction of the abandoned wells. On June 11,
2007, the claims board recommended payment of this claim in the reduced amount
of $10,317.93, representing the cost of drilling the original wells (see Senate Journal,
p. 259).
For further information see the state 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:
AB486, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under section 20.370 (4) (mq) of the statutes, as affected by the acts
3of 2005 and 2007, $10,317.93 in payment of a claim against the state made by
4Klemme Brothers Well Drilling, Inc., Kewaskum, Wisconsin, as reimbursement for
5the cost of drilling 2 wells in the town of Jackson, Washington County, that the
6department of natural resources required to be abandoned because the wells were
7constructed improperly, possibly as a result of incorrect information provided by the
8department. Acceptance of this payment releases this state and its officers,
9employees, and agents from any further liability resulting from the failure to
10construct these wells in an appropriate manner.
