AB844,11,2216 2. Any person may file a petition with the department requesting
17environmental review of a well to which subd. 1. applies on the grounds that the well
18is reasonably probable to result in significant adverse environmental impact to
19surface waters. A person filing a petition under this subdivision shall include in the
20petition information showing that construction and operation of the well as proposed
21is reasonably probable to result in significant adverse environmental impact to
22surface waters.
AB844, s. 20 23Section 20. 281.34 (5) (b) 1. of the statutes is amended to read:
AB844,12,624 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines,
25under the environmental review process in sub. (4), that an environmental impact

1report under s. 23.11 (5) must be prepared for a proposed high capacity well located
2in a groundwater protection area, the department may not approve the high capacity
3well unless it is able to include and includes in the approval conditions, which may
4include conditions as to location, depth, pumping capacity, rate of flow, and ultimate
5use, that ensure that the high capacity well does not cause significant adverse
6environmental impact.
AB844, s. 21 7Section 21. 281.34 (5) (c) of the statutes is amended to read:
AB844,12,168 281.34 (5) (c) High water loss. If the department determines, under the
9environmental review process in sub. (4), that an environmental impact report under
10s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of
11more than 95 percent of the amount of water withdrawn or for a high capacity well
12for a water bottling facility
, the department may not approve the high capacity well
13unless it is able to include and includes in the approval conditions, which may include
14conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that
15ensure that the high capacity well does not cause significant adverse environmental
16impact.
AB844, s. 22 17Section 22. 281.34 (5) (d) of the statutes is amended to read:
AB844,13,218 281.34 (5) (d) Impact on a qualifying spring. 1. Except as provided in subd.
192., if the department determines, under the environmental review process in sub. (4),
20that an environmental impact report under s. 23.11 (5) must be prepared for a
21proposed high capacity well that may have a significant adverse environmental
22impact on a qualifying spring, the department may not approve the high capacity
23well unless it is able to include and includes in the approval conditions, which may
24include conditions as to location, depth, pumping capacity, rate of flow, and ultimate

1use, that ensure that the high capacity well does not cause significant adverse
2environmental impact.
AB844,13,103 2. Subdivision 1. does not apply to a proposed high capacity well that may have
4a significant adverse environmental impact on a qualifying spring and that is a water
5supply for a public utility engaged in supplying water to or for the public, if the
6department determines that there is no other reasonable alternative location for a
7well and is able to include and includes in the approval conditions, which may include
8conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that
9ensure that the environmental impact of the well is balanced by the public benefit
10of the well related to public health and safety.
AB844, s. 23 11Section 23. 281.34 (5) (dc) of the statutes is created to read:
AB844,13,2012 281.34 (5) (dc) High capacity wells in groundwater management area without
13management plan.
1. Except as provided in subd. 2., if the department determines,
14under the environmental review process in sub. (4), that an environmental impact
15report under s. 23.11 (5) must be prepared for a proposed high capacity well to which
16sub. (4) (a) 4. applies, the department may not approve the high capacity well unless
17it is able to include and includes in the approval conditions, which may include
18conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that
19ensure that the high capacity well does not cause significant adverse environmental
20impact to surface waters.
AB844,14,221 2. Subdivision 1. does not apply to a proposed high capacity well to which sub.
22(4) (a) 4. applies that is a water supply for a public utility engaged in supplying water
23to or for the public, if the department determines that there is no other reasonable
24alternative location for a well and is able to include and includes in the approval
25conditions, which may include conditions as to location, depth, pumping capacity,

1rate of flow, and ultimate use, that ensure that the environmental impact of the well
2is balanced by the public benefit of the well related to public health and safety.
AB844, s. 24 3Section 24. 281.34 (5) (de) of the statutes is created to read:
AB844,14,124 281.34 (5) (de) High capacity wells reasonably probable to cause significant
5adverse environmental impact.
1. Except as provided in subd. 2., if the department
6determines, under the environmental review process in sub. (4), that an
7environmental impact report under s. 23.11 (5) must be prepared for a proposed high
8capacity well to which sub. (4) (a) 5. applies, the department may not approve the
9high capacity well unless it is able to include and includes in the approval conditions,
10which may include conditions as to location, depth, pumping capacity, rate of flow,
11and ultimate use, that ensure that the high capacity well does not cause significant
12adverse environmental impact to surface waters.
AB844,14,1913 2. Subdivision 1. does not apply to a proposed high capacity well to which sub.
14(4) (a) 5. applies that is a water supply for a public utility engaged in supplying water
15to or for the public, if the department determines that there is no other reasonable
16alternative location for a well and is able to include and includes in the approval
17conditions, which may include conditions as to location, depth, pumping capacity,
18rate of flow, and ultimate use, that ensure that the environmental impact of the well
19is balanced by the public benefit of the well related to public health and safety.
AB844, s. 25 20Section 25. 281.34 (5) (ds) of the statutes is created to read:
AB844,14,2521 281.34 (5) (ds) Groundwater management plan. 1. If a proposed high capacity
22well is in a groundwater management area designated under s. 281.341 (2) with a
23groundwater management plan under s. 281.341 (3) (e) or (f) in effect, the
24department may not approve the high capacity well unless it is consistent with that
25plan.
AB844,15,4
12. If a proposed high capacity well is in a groundwater attention area
2designated under s. 281.341 (4) with a groundwater management plan approved
3under s. 281.341 (5) (f), the department may not approve the high capacity well
4unless it is consistent with that plan.
AB844, s. 26 5Section 26. 281.34 (7) of the statutes is renumbered 281.34 (7) (a) and
6amended to read:
AB844,15,97 281.34 (7) (a) The approval of a high capacity well issued under this section or
8under s. 281.17 (1), 2001 stats., remains in effect unless the, subject to pars. (b) to
9(d).
AB844,15,13 10(b) The department modifies or rescinds the may modify or rescind an approval
11under this section or under s. 281.17 (1), 2001 stats., because the high capacity well
12or the use of the high capacity well is not in conformance with standards or conditions
13applicable to the approval of the high capacity well.
AB844, s. 27 14Section 27. 281.34 (7) (c) of the statutes is created to read:
AB844,15,1915 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3) (e)
16or (f) takes effect for a groundwater management area designated under s. 281.341
17(2), the department shall review approvals for high capacity wells in the
18groundwater management area that were issued under this section or under s.
19281.17 (1), 2001 stats., before the plan took effect.
AB844,15,2320 2. After conducting the review under subd. 1. for a groundwater management
21area designated under s. 281.341 (2), the department shall periodically review the
22approvals under this section or under s. 281.17 (1), 2001 stats., for high capacity
23wells in the groundwater management area.
AB844,16,324 3. The department may modify the approval under this section or under s.
25281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as

1necessary to ensure that the high capacity well is consistent with the groundwater
2management plan for the groundwater management area in which the high capacity
3well is located.
AB844, s. 28 4Section 28. 281.34 (7) (d) of the statutes is created to read:
AB844,16,95 281.34 (7) (d) 1. After the department approves a groundwater management
6plan under s. 281.341 (5) (f) for a groundwater attention area designated under s.
7281.341 (4), the department shall review approvals for high capacity wells in the
8groundwater attention area that were issued under this section or under s. 281.17
9(1), 2001 stats., before the plan took effect.
AB844,16,1410 2. After conducting the review under subd. 1. for a groundwater attention area
11designated under s. 281.341 (4) for which the department has approved a
12groundwater management plan under s. 281.341 (5) (f), the department shall
13periodically review the approvals under this section or under s. 281.17 (1), 2001
14stats., for high capacity wells in the groundwater attention area.
AB844,16,1915 3. The department may modify the approval under this section or under s.
16281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as
17necessary to ensure that the high capacity well is consistent with the groundwater
18management plan for the groundwater attention area in which the high capacity well
19is located.
AB844, s. 29 20Section 29. 281.34 (9) of the statutes is repealed.
AB844, s. 30 21Section 30. 281.34 (11) of the statutes is created to read:
AB844,16,2522 281.34 (11) Springs; inventory and rule. (a) The department shall conduct
23an inventory of large springs in this state. The department shall complete the
24inventory no later than the first day of the 37th month beginning after the effective
25date of this paragraph .... [LRB inserts date].
AB844,17,3
1(b) The department shall submit a report to the legislature, under s. 13.172 (2),
2and to the legislative reference bureau when it completes the inventory under par.
3(a).
AB844,17,54 (c) The department shall promulgate a rule defining "perennial" for the
5purposes of sub. (1) (eg) 2.
AB844, s. 31 6Section 31. 281.341 of the statutes is created to read:
AB844,17,8 7281.341 Groundwater management and attention areas. (1)
8Definitions. In this section:
AB844,17,99 (a) "Aquitard" means a geologic formation having low permeability.
AB844,17,1110 (b) "Baseflow" means the sustained flow of a stream, principally by
11groundwater discharge, in the absence of direct runoff.
AB844,17,1312 (bm) "Chief executive" means the county executive or, if a county does not have
13a county executive, the chairperson of the county board of supervisors.
AB844,17,1514 (c) "Confined aquifer" means a water bearing geologic formation that is
15bounded on its upper surface by an aquitard.
AB844,17,1616 (d) "Council" means the groundwater coordinating council.
AB844,17,1817 (e) "Council subcommittee" means the groundwater area review subcommittee
18of the groundwater coordinating council.
AB844,17,1919 (em) "High capacity well" has the meaning given in s. 281.34 (1) (b).
AB844,17,2020 (f) "Potentiometric surface" has the meaning given in s. 281.34 (1) (e).
AB844,18,221 (g) "Target date," as applied to a groundwater management area under sub. (2),
22means a date by which it is reasonable to expect that the groundwater management
23area will no longer qualify for designation as a groundwater management area.
24"Target date," as applied to a groundwater attention area under sub. (4), means a

1date by which it is reasonable to expect that the groundwater attention area will no
2longer qualify for designation as a groundwater attention area.
AB844,18,123 (h) "Target withdrawal quantity," as applied to a groundwater management
4area under sub. (2), means the total amount of groundwater that may be withdrawn
5from the groundwater management area's hydrologic system so that, by the target
6date established under sub. (2) (f), the groundwater management area will no longer
7qualify for designation as a groundwater management area. "Target withdrawal
8quantity," as applied to a groundwater attention area under sub. (4), means the total
9amount of groundwater that may be withdrawn from the groundwater attention
10area's hydrologic system so that, by the target date established under sub. (4) (f), the
11groundwater attention area will no longer qualify for designation as a groundwater
12attention area.
AB844,18,1413 (i) "Unconfined aquifer" means a water bearing geologic formation that is not
14bounded on its upper surface by an aquitard.
AB844,18,18 15(2) Groundwater management area designation. (a) The department may, by
16rule, designate an area as a groundwater management area if the council forwards
17a conclusion to the department under par. (e) that the area qualifies for designation
18as a groundwater management area.
AB844,18,2019 (b) An area with a confined aquifer qualifies for designation as a groundwater
20management area if any of the following applies:
AB844,18,2321 1. The groundwater potentiometric surface of the confined aquifer has been
22reduced 150 feet or more from the level at which the potentiometric surface would
23be if no groundwater had been pumped from the area.
AB844,19,3
12. The groundwater potentiometric surface of the confined aquifer has been
2reduced to within 20 feet above the top of the aquitard bounding the upper surface
3of the confined aquifer.
AB844,19,64 3. The water level in the majority of the high capacity wells that pump water
5from the confined aquifer is below the bottom of the confined aquifer's bounding
6aquitard when the pumps are in operation.
AB844,19,87 4. The groundwater potentiometric surface of the confined aquifer is declining
8at a rate exceeding 5 feet per year averaged over a 10-year period.
AB844,19,109 (c) An area with an unconfined aquifer qualifies for designation as a
10groundwater management area if any of the following applies:
AB844,19,1411 1. The baseflow of the streams in the area has declined more than 10 percent
12from what the baseflow of the streams would be if no groundwater had been pumped
13from the area and that decline has resulted in significant adverse environmental
14impact, as defined in s. 281.34 (1) (er).
AB844,19,1615 2. The water level of the unconfined aquifer is declining at a rate exceeding 5
16feet per year averaged over a 10-year period.
AB844,19,1917 3. The withdrawal of groundwater in the area has caused a decline in the water
18table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as
19determined by use of groundwater flow modeling.
AB844,20,620 (d) The council subcommittee shall meet regularly to examine areas that may
21qualify for designation as groundwater management areas under this subsection
22and shall forward its conclusions to the council. The council subcommittee's
23conclusions shall include a delineation of the geographic boundaries of the areas
24examined. If the council subcommittee concludes that an area qualifies for
25designation as a groundwater management area under this subsection, the council

1subcommittee's conclusion shall include a proposed target date and target
2withdrawal quantity for the area. Before examining any other area, the council
3subcommittee shall examine the 2 groundwater management areas designated
4under s. 281.34 (9), 2007 stats., to determine whether they qualify for designation
5as groundwater management areas under this subsection and shall forward the
6council subcommittee's conclusion to the council.
AB844,20,137 (e) If the council subcommittee forwards a conclusion to the council under par.
8(d) that an area qualifies as a groundwater management area and if the council
9concurs with that conclusion, the council shall recommend that the department
10designate the area as a groundwater management area. The council's
11recommendation under this paragraph shall include a delineation of the geographic
12boundaries of, and a proposed target date and target withdrawal quantity for, the
13proposed groundwater management area.
AB844,20,1714 (f) If the department promulgates a rule designating an area as a groundwater
15management area as authorized under par. (a), the department shall, not later than
16180 days after the rule is promulgated, establish a target date and target withdrawal
17quantity for the area.
AB844,20,2218 (g) 1. After the target date established under par. (f) for an area, the council
19subcommittee shall consider whether the area still qualifies as a groundwater
20management area under this subsection. If the council subcommittee concludes that
21the area no longer qualifies as a groundwater management area, it shall forward that
22conclusion to the council.
AB844,21,223 2. If the council subcommittee forwards a conclusion under subd. 1. that an
24area no longer qualifies as a groundwater management area and if the council

1concurs with that conclusion, the council shall recommend that the department
2rescind the designation of the area as a groundwater management area.
AB844,21,63 3. The department may rescind the designation of an area as a groundwater
4management area, by repealing the rule designating an area as a groundwater
5management area, if the council recommends under subd. 2. that the department
6rescind the designation of the area as a groundwater management area.
AB844,21,14 7(3) Groundwater management planning for groundwater management area.
8(a) 1. Upon the designation under sub. (2) (a) of a groundwater management area
9that is contained within one county, the chief executive of the county shall appoint
10a groundwater management council for the groundwater management area, except
11that if the chief executive of the county has not appointed a groundwater
12management council before the 180th day after the effective date of the rule
13designating the groundwater management area, the department shall appoint the
14groundwater management council.
AB844,21,2415 2. Upon the designation under sub. (2) (a) of a groundwater management area
16that includes all or part of more than one county, the counties shall negotiate an
17agreement that provides for the appointment of a groundwater management council
18for the groundwater management area, including the size and method of
19appointment of members of the groundwater management council, and shall appoint
20the groundwater management council as provided in the agreement, except that if
21the counties do not enter into an agreement and appoint a groundwater management
22council before the 180th day after the effective date of the rule designating the
23groundwater management area, the department shall appoint a groundwater
24management council.
AB844,22,9
1(b) A groundwater management council shall develop a groundwater
2management plan for the groundwater management area and shall provide
3opportunities for public participation in the development of the plan. The
4groundwater management council shall develop a plan under this paragraph that is
5protective of surface water and groundwater, is designed to ensure that the
6groundwater management area will no longer qualify for designation as a
7groundwater management area by the target date established under sub. (2) (f) and
8to achieve the target withdrawal quantity established under sub. (2) (f) and includes
9all of the following:
AB844,22,1010 1. Measurable goals.
AB844,22,1311 2. Requirements for the county or counties to report to the department,
12including requirements to report progress toward achieving the target withdrawal
13quantity.
AB844,22,1414 3. Opportunities for public participation in the implementation of the plan.
AB844,22,1515 4. Water conservation measures.
AB844,22,1616 5. Other provisions specified by the department by rule.
AB844,22,1917 (c) A groundwater management council may contract with another entity,
18including a regional planning commission, for assistance in preparing a
19groundwater management plan.
AB844,22,2420 (d) 1. A groundwater management council for a groundwater management area
21that is contained within one county shall submit the groundwater management plan
22developed under par. (b) to the county board for approval. If the plan is approved by
23the county board, the groundwater management council shall submit the plan to the
24department.
AB844,23,5
12. A groundwater management council for a groundwater management area
2that includes all or part of more than one county shall submit the groundwater
3management plan developed under par. (b) to each county board for approval. If the
4plan is approved by each county board, the groundwater management council shall
5submit the plan to the department.
AB844,23,86 (e) The department shall review and approve or disapprove a groundwater
7management plan submitted under par. (d). The department may approve the
8groundwater management plan only if the plan complies with par. (b).
AB844,23,169 (f) If a groundwater management plan is not approved under par. (e) for a
10groundwater management area before the first day of the 37th month beginning
11after the effective date of the rule designating the groundwater management area,
12the department shall develop a groundwater management plan for the groundwater
13management area that is designed to ensure that the groundwater management
14area will no longer qualify for designation as a groundwater management area by the
15target date established under sub. (2) (f) and to achieve the target withdrawal
16quantity established under sub. (2) (f).
AB844,23,20 17(4) Groundwater attention area designation. (a) The department may
18designate an area as a groundwater attention area if the council recommends to the
19department under par. (e) that the area be designated as a groundwater attention
20area.
AB844,23,2421 (b) An area with a confined aquifer qualifies for designation as a groundwater
22attention area if the council subcommittee projects that water use trends in the area
23are likely to qualify the area for designation as a groundwater management area
24under sub. (2) (b) within the following 20 years.
AB844,24,4
1(c) An area with an unconfined aquifer qualifies for designation as a
2groundwater attention area if the council subcommittee projects that water use
3trends in the area are likely to qualify the area for designation as a groundwater
4management area under sub. (2) (c) within the following 20 years.
AB844,24,125 (d) The council subcommittee shall meet regularly to examine areas that may
6qualify for designation as groundwater attention areas under this subsection and
7shall forward its conclusions to the council. The council subcommittee's conclusions
8shall include a delineation of the geographic boundaries of the areas examined. If
9the council subcommittee concludes that an area qualifies for designation as a
10groundwater attention area under this subsection, the council subcommittee's
11conclusion shall include a proposed target date and target withdrawal quantity for
12the area.
AB844,24,1913 (e) If the council subcommittee forwards a conclusion to the council under par.
14(d) that an area qualifies as a groundwater attention area and if the council concurs
15with that conclusion, the council shall recommend that the department designate the
16area as a groundwater attention area. The council's recommendation under this
17paragraph shall include a delineation of the geographic boundaries of, and a
18proposed target date and target withdrawal quantity for, the proposed groundwater
19attention area.
AB844,24,2320 (f) 1. If the department designates an area as a groundwater attention area,
21the department shall give notice of the designation by publishing a class 1 notice
22under ch. 985 in a newspaper likely to give notice in the area where the groundwater
23attention area is located.
AB844,25,3
12. Not later than 180 days after the department designates an area as a
2groundwater attention area as authorized under par. (a), the department shall
3establish a target date and target withdrawal quantity for the area.
AB844,25,114 (g) 1. After the target date established under par. (f) 2. for an area, the council
5subcommittee shall consider whether the area qualifies as a groundwater
6management area under sub. (2) and, if not, whether the area still qualifies as a
7groundwater attention area under this subsection. If the council subcommittee
8concludes that the area qualifies as a groundwater management area it shall proceed
9under sub. (2) (d). If the council subcommittee concludes that the area does not
10qualify as a groundwater management area and no longer qualifies as a groundwater
11attention area, it shall forward that conclusion to the council.
AB844,25,1512 2. If the council subcommittee forwards a conclusion under subd. 1. that an
13area no longer qualifies as a groundwater attention area and if the council concurs
14with that conclusion, the council shall recommend that the department rescind the
15designation of the area as a groundwater attention area.
AB844,25,1816 3. The department may rescind the designation of an area as a groundwater
17attention area if the council recommends under subd. 2. that the department rescind
18the designation of the area as a groundwater attention area.
AB844,25,2219 4. If the department rescinds the designation of an area as a groundwater
20attention area under subd. 3., the department shall give notice of that action by
21publishing a class 1 notice under ch. 985 in a newspaper likely to give notice in the
22area.
AB844,26,2 23(5) Groundwater management planning for groundwater attention area. (a)
241. Upon the designation under sub. (4) (a) of a groundwater attention area that is

1contained within one county, the chief executive of the county may appoint a
2groundwater management council for the groundwater attention area.
AB844,26,93 2. Upon the designation under sub. (2) (a) of a groundwater attention area that
4includes all or part of more than one county, the counties may negotiate an
5agreement that provides for the appointment of a groundwater management council
6for the groundwater attention area, including the size and method of appointment
7of members of the groundwater management council, and, if they negotiate an
8agreement, may appoint the groundwater management council as provided in the
9agreement.
AB844,26,1710 (b) A groundwater management council may develop a groundwater
11management plan for the groundwater attention area and, if it develops a plan, shall
12provide opportunities for public participation in the development of the plan. A
13groundwater management council that develops a plan under this paragraph shall
14develop a plan that is protective of surface water and groundwater, is designed to
15ensure that the groundwater attention area will no longer qualify for designation as
16a groundwater attention area by the target date established under sub. (4) (f) 2. and
17to achieve the target withdrawal quantity.
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