AB844: Bill Text

AB844,17,20 (f) "Potentiometric surface" has the meaning given in s. 281.34 (1) (e).

AB844,18,2 (g) "Target date," as applied to a groundwater management area under sub. (2), means a date by which it is reasonable to expect that the groundwater management area will no longer qualify for designation as a groundwater management area. "Target date," as applied to a groundwater attention area under sub. (4), means a date by which it is reasonable to expect that the groundwater attention area will no longer qualify for designation as a groundwater attention area.

AB844,18,12 (h) "Target withdrawal quantity," as applied to a groundwater management area under sub. (2), means the total amount of groundwater that may be withdrawn from the groundwater management area's hydrologic system so that, by the target date established under sub. (2) (f), the groundwater management area will no longer qualify for designation as a groundwater management area. "Target withdrawal quantity," as applied to a groundwater attention area under sub. (4), means the total amount of groundwater that may be withdrawn from the groundwater attention area's hydrologic system so that, by the target date established under sub. (4) (f), the groundwater attention area will no longer qualify for designation as a groundwater attention area.

AB844,18,14 (i) "Unconfined aquifer" means a water bearing geologic formation that is not bounded on its upper surface by an aquitard.

AB844,18,18 (2) Groundwater management area designation. (a) The department may, by rule, designate an area as a groundwater management area if the council forwards a conclusion to the department under par. (e) that the area qualifies for designation as a groundwater management area.

AB844,18,20 (b) An area with a confined aquifer qualifies for designation as a groundwater management area if any of the following applies:

AB844,18,23 1. The groundwater potentiometric surface of the confined aquifer has been reduced 150 feet or more from the level at which the potentiometric surface would be if no groundwater had been pumped from the area.

AB844,19,3 2. The groundwater potentiometric surface of the confined aquifer has been reduced to within 20 feet above the top of the aquitard bounding the upper surface of the confined aquifer.

AB844,19,6 3. The water level in the majority of the high capacity wells that pump water from the confined aquifer is below the bottom of the confined aquifer's bounding aquitard when the pumps are in operation.

AB844,19,8 4. The groundwater potentiometric surface of the confined aquifer is declining at a rate exceeding 5 feet per year averaged over a 10-year period.

AB844,19,10 (c) An area with an unconfined aquifer qualifies for designation as a groundwater management area if any of the following applies:

AB844,19,14 1. The baseflow of the streams in the area has declined more than 10 percent from what the baseflow of the streams would be if no groundwater had been pumped from the area and that decline has resulted in significant adverse environmental impact, as defined in s. 281.34 (1) (er).

AB844,19,16 2. The water level of the unconfined aquifer is declining at a rate exceeding 5 feet per year averaged over a 10-year period.

AB844,19,19 3. The withdrawal of groundwater in the area has caused a decline in the water table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as determined by use of groundwater flow modeling.

AB844,20,6 (d) The council subcommittee shall meet regularly to examine areas that may qualify for designation as groundwater management areas under this subsection and shall forward its conclusions to the council. The council subcommittee's conclusions shall include a delineation of the geographic boundaries of the areas examined. If the council subcommittee concludes that an area qualifies for designation as a groundwater management area under this subsection, the council subcommittee's conclusion shall include a proposed target date and target withdrawal quantity for the area. Before examining any other area, the council subcommittee shall examine the 2 groundwater management areas designated under s. 281.34 (9), 2007 stats., to determine whether they qualify for designation as groundwater management areas under this subsection and shall forward the council subcommittee's conclusion to the council.

AB844,20,13 (e) If the council subcommittee forwards a conclusion to the council under par. (d) that an area qualifies as a groundwater management area and if the council concurs with that conclusion, the council shall recommend that the department designate the area as a groundwater management area. The council's recommendation under this paragraph shall include a delineation of the geographic boundaries of, and a proposed target date and target withdrawal quantity for, the proposed groundwater management area.

AB844,20,17 (f) If the department promulgates a rule designating an area as a groundwater management area as authorized under par. (a), the department shall, not later than 180 days after the rule is promulgated, establish a target date and target withdrawal quantity for the area.

AB844,20,22 (g) 1. After the target date established under par. (f) for an area, the council subcommittee shall consider whether the area still qualifies as a groundwater management area under this subsection. If the council subcommittee concludes that the area no longer qualifies as a groundwater management area, it shall forward that conclusion to the council.

AB844,21,2 2. If the council subcommittee forwards a conclusion under subd. 1. that an area no longer qualifies as a groundwater management area and if the council concurs with that conclusion, the council shall recommend that the department rescind the designation of the area as a groundwater management area.

AB844,21,6 3. The department may rescind the designation of an area as a groundwater management area, by repealing the rule designating an area as a groundwater management area, if the council recommends under subd. 2. that the department rescind the designation of the area as a groundwater management area.

AB844,21,14 (3) Groundwater management planning for groundwater management area. (a) 1. Upon the designation under sub. (2) (a) of a groundwater management area that is contained within one county, the chief executive of the county shall appoint a groundwater management council for the groundwater management area, except that if the chief executive of the county has not appointed a groundwater management council before the 180th day after the effective date of the rule designating the groundwater management area, the department shall appoint the groundwater management council.

AB844,21,24 2. Upon the designation under sub. (2) (a) of a groundwater management area that includes all or part of more than one county, the counties shall negotiate an agreement that provides for the appointment of a groundwater management council for the groundwater management area, including the size and method of appointment of members of the groundwater management council, and shall appoint the groundwater management council as provided in the agreement, except that if the counties do not enter into an agreement and appoint a groundwater management council before the 180th day after the effective date of the rule designating the groundwater management area, the department shall appoint a groundwater management council.

AB844,22,9 (b) A groundwater management council shall develop a groundwater management plan for the groundwater management area and shall provide opportunities for public participation in the development of the plan. The groundwater management council shall develop a plan under this paragraph that is protective of surface water and groundwater, is designed to ensure that the groundwater management area will no longer qualify for designation as a groundwater management area by the target date established under sub. (2) (f) and to achieve the target withdrawal quantity established under sub. (2) (f) and includes all of the following:

AB844,22,10 1. Measurable goals.

AB844,22,13 2. Requirements for the county or counties to report to the department, including requirements to report progress toward achieving the target withdrawal quantity.

AB844,22,14 3. Opportunities for public participation in the implementation of the plan.

AB844,22,15 4. Water conservation measures.

AB844,22,16 5. Other provisions specified by the department by rule.

AB844,22,19 (c) A groundwater management council may contract with another entity, including a regional planning commission, for assistance in preparing a groundwater management plan.

AB844,22,24 (d) 1. A groundwater management council for a groundwater management area that is contained within one county shall submit the groundwater management plan developed under par. (b) to the county board for approval. If the plan is approved by the county board, the groundwater management council shall submit the plan to the department.

AB844,23,5 2. A groundwater management council for a groundwater management area that includes all or part of more than one county shall submit the groundwater management plan developed under par. (b) to each county board for approval. If the plan is approved by each county board, the groundwater management council shall submit the plan to the department.

AB844,23,8 (e) The department shall review and approve or disapprove a groundwater management plan submitted under par. (d). The department may approve the groundwater management plan only if the plan complies with par. (b).

AB844,23,16 (f) If a groundwater management plan is not approved under par. (e) for a groundwater management area before the first day of the 37th month beginning after the effective date of the rule designating the groundwater management area, the department shall develop a groundwater management plan for the groundwater management area that is designed to ensure that the groundwater management area will no longer qualify for designation as a groundwater management area by the target date established under sub. (2) (f) and to achieve the target withdrawal quantity established under sub. (2) (f).

AB844,23,20 (4) Groundwater attention area designation. (a) The department may designate an area as a groundwater attention area if the council recommends to the department under par. (e) that the area be designated as a groundwater attention area.

AB844,23,24 (b) An area with a confined aquifer qualifies for designation as a groundwater attention area if the council subcommittee projects that water use trends in the area are likely to qualify the area for designation as a groundwater management area under sub. (2) (b) within the following 20 years.

AB844,24,4 (c) An area with an unconfined aquifer qualifies for designation as a groundwater attention area if the council subcommittee projects that water use trends in the area are likely to qualify the area for designation as a groundwater management area under sub. (2) (c) within the following 20 years.

AB844,24,12 (d) The council subcommittee shall meet regularly to examine areas that may qualify for designation as groundwater attention areas under this subsection and shall forward its conclusions to the council. The council subcommittee's conclusions shall include a delineation of the geographic boundaries of the areas examined. If the council subcommittee concludes that an area qualifies for designation as a groundwater attention area under this subsection, the council subcommittee's conclusion shall include a proposed target date and target withdrawal quantity for the area.

AB844,24,19 (e) If the council subcommittee forwards a conclusion to the council under par. (d) that an area qualifies as a groundwater attention area and if the council concurs with that conclusion, the council shall recommend that the department designate the area as a groundwater attention area. The council's recommendation under this paragraph shall include a delineation of the geographic boundaries of, and a proposed target date and target withdrawal quantity for, the proposed groundwater attention area.

AB844,24,23 (f) 1. If the department designates an area as a groundwater attention area, the department shall give notice of the designation by publishing a class 1 notice under ch. 985 in a newspaper likely to give notice in the area where the groundwater attention area is located.

AB844,25,3 2. Not later than 180 days after the department designates an area as a groundwater attention area as authorized under par. (a), the department shall establish a target date and target withdrawal quantity for the area.

AB844,25,11 (g) 1. After the target date established under par. (f) 2. for an area, the council subcommittee shall consider whether the area qualifies as a groundwater management area under sub. (2) and, if not, whether the area still qualifies as a groundwater attention area under this subsection. If the council subcommittee concludes that the area qualifies as a groundwater management area it shall proceed under sub. (2) (d). If the council subcommittee concludes that the area does not qualify as a groundwater management area and no longer qualifies as a groundwater attention area, it shall forward that conclusion to the council.

AB844,25,15 2. If the council subcommittee forwards a conclusion under subd. 1. that an area no longer qualifies as a groundwater attention area and if the council concurs with that conclusion, the council shall recommend that the department rescind the designation of the area as a groundwater attention area.

AB844,25,18 3. The department may rescind the designation of an area as a groundwater attention area if the council recommends under subd. 2. that the department rescind the designation of the area as a groundwater attention area.

AB844,25,22 4. If the department rescinds the designation of an area as a groundwater attention area under subd. 3., the department shall give notice of that action by publishing a class 1 notice under ch. 985 in a newspaper likely to give notice in the area.

AB844,26,2 (5) Groundwater management planning for groundwater attention area. (a) 1. Upon the designation under sub. (4) (a) of a groundwater attention area that is contained within one county, the chief executive of the county may appoint a groundwater management council for the groundwater attention area.

AB844,26,9 2. Upon the designation under sub. (2) (a) of a groundwater attention area that includes all or part of more than one county, the counties may negotiate an agreement that provides for the appointment of a groundwater management council for the groundwater attention area, including the size and method of appointment of members of the groundwater management council, and, if they negotiate an agreement, may appoint the groundwater management council as provided in the agreement.

AB844,26,17 (b) A groundwater management council may develop a groundwater management plan for the groundwater attention area and, if it develops a plan, shall provide opportunities for public participation in the development of the plan. A groundwater management council that develops a plan under this paragraph shall develop a plan that is protective of surface water and groundwater, is designed to ensure that the groundwater attention area will no longer qualify for designation as a groundwater attention area by the target date established under sub. (4) (f) 2. and to achieve the target withdrawal quantity.

AB844,26,20 (c) A groundwater management council may contract with another entity, including a regional planning commission, for assistance in preparing a groundwater management plan.

AB844,26,23 (d) 1. If a groundwater management council for a groundwater attention area that is contained within one county develops a groundwater management plan under par. (b), it shall submit the plan to the county board.

AB844,27,3 2. If a groundwater management council for a groundwater attention area that includes all or part of more than one county develops a groundwater management plan under par. (b), it shall submit the plan to each county board.

AB844,27,10 (e) 1. If the groundwater management council for a groundwater attention area that is contained in one county develops a groundwater management plan, it may recommend to the county board that the county request the department to approve the plan and to apply the plan under s. 281.34 (5) (ds) 2. and (7) (d). If the county board agrees, the groundwater management council shall submit the plan to the department and request the department to approve the plan and to apply the plan under s. 281.34 (5) (ds) 2. and (7) (d).

AB844,27,17 2. If the groundwater management council for a groundwater management area that includes all or part of more than one county develops a groundwater management plan, it may recommend to each county board that the counties request the department to apply the plan under s. 281.34 (5) (ds) 2. and (7) (d). If each county board agrees, the groundwater management council shall submit the plan to the department and request the department to approve the plan and apply the plan under s. 281.34 (5) (ds) 2. and (7) (d).

AB844,27,20 (f) The department shall review and approve or disapprove a groundwater management plan submitted under par. (e). The department may approve the groundwater management plan only if the plan complies with par. (b).

AB844, s. 32 Section 32. 281.344 (4s) (dm) of the statutes is amended to read:

AB844,28,3 281.344 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (a), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

AB844, s. 33 Section 33 . 281.344 (4s) (dm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB844,28,12 281.344 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (a), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

AB844, s. 34 Section 34. 281.346 (4s) (dm) of the statutes is amended to read:

AB844,28,20 281.346 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (a), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

AB844, s. 35 Section 35 . 281.346 (4s) (dm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB844,29,4 281.346 (4s) (dm) Requiring individual permit. The department may require a person who is making or proposes to make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (a), or a groundwater management area designated under s. 281.34 (9) or 281.341 (2).

AB844, s. 36 Section 36. 281.346 (8) (cm) of the statutes is created to read:

AB844,29,8 281.346 (8) (cm) Large withdrawals outside of Great Lakes basin. The department shall include requirements for water conservation in any approval under s. 30.18 (2) (a), 281.34, or 281.41 for any of the following:

AB844,29,10 1. A new withdrawal in the upper Mississippi River basin that will equal at least 1,000,000 gallons per day for any 30 consecutive days.

AB844,29,13 2. A modification in a withdrawal in the upper Mississippi River basin if after that modification the withdrawal will equal at least 1,000,000 gallons per day for any 30 consecutive days.

AB844, s. 37 Section 37. 281.346 (8) (cs) of the statutes is created to read:

AB844,29,19 281.346 (8) (cs) Withdrawals in groundwater management areas. 1. The department shall include requirements for water conservation in any approval under s. 30.18 (2) (a) or 281.41 to which par. (cm) does not apply if the withdrawal is in a groundwater management area designated under s. 281.341 (2) for which a groundwater management plan under s. 281.341 (3) is in effect.

AB844,29,24 2. In any approval under this section or s. 30.18 (2) or 281.41 for a withdrawal in a groundwater management area designated under s. 281.341 (2) for which a groundwater management plan under s. 281.341 (3) is in effect, the department shall ensure that the requirements for water conservation included in the approval are consistent with the groundwater management plan.

AB844, s. 38 Section 38. 281.348 (3) (a) 3. and 4. of the statutes are created to read:

AB844,30,5 281.348 (3) (a) 3. A person operating a public water supply system that serves a population of 10,000 or more and that withdraws water from a groundwater management area designated under s. 281.341 (2) shall have an approved plan under this section no later than the first day of the 49th month beginning after the effective date of the rule designating the groundwater management area.

AB844,30,12 4. If a person operating a public water supply system described in subd. 3. has an approved plan under this section before the department approves or develops a groundwater management plan under s. 281.341 (3) (e) or (f) for the groundwater management area and the approved plan under this section is not consistent with the groundwater management plan, the person shall submit a revised plan under this section no later than the first day of the 49th month beginning after the effective date of the rule designating the groundwater management area.

AB844, s. 39 Section 39. 281.348 (3) (c) 8. of the statutes is amended to read:

AB844,30,18 281.348 (3) (c) 8. An analysis of how the plan supports and is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a), and applicable approved areawide water quality management plans under s. 283.83, and applicable groundwater management plans approved or developed by the department under s. 281.341 (3) (e) or (f).

AB844, s. 40 Section 40. 281.348 (3) (cm) of the statutes is amended to read:

AB844,31,7 281.348 (3) (cm) For the purposes of plans under par. (a), an areawide water quality planning agency designated by the governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water supply service areas for all of the public water supply systems in the planning area for which the agency is designated. An areawide water quality planning agency shall delineate proposed water supply service areas that are consistent with the approved areawide water quality management plan under s. 283.83 for the planning area and that permit the development of plans that are approvable under par. (d). An areawide water quality planning agency may also provide regional water needs assessments and other regional water supply planning information. The process for conducting regional activities under this subsection may be the same as the process for regional water supply planning for a groundwater management area designated under s. 281.34 (9) 281.341 (2).

AB844, s. 41 Section 41. 281.348 (3) (d) 4m. of the statutes is created to read:

AB844,31,11 281.348 (3) (d) 4m. The plan is consistent with any applicable groundwater management plans approved or developed by the department under s. 281.341 (3) (e) or (f).

AB844, s. 42 Section 42. Nonstatutory provisions.

AB844,31,21 (1) Report on high capacity well approval process. No later than the first day of the 13th month beginning after the effective date of this subsection, the department of natural resources shall submit to the legislature, in the manner provided in section 13.172 (2) of the statutes, a report on the approval process for high capacity wells, including a description of the department's efforts to streamline the process and a discussion of the feasibility of creating a process under which expedited approval would be granted for approvals of certain high capacity wells, including the creation of an Internet-based method of assisting the public to determine whether a proposed well may qualify for expedited approval.

AB844,32,2 (2) Public service commission report. No later than January 1, 2011, the public service commission shall submit to the appropriate standing committees of the legislature, in the manner provided in section 13.172 (3) of the statutes, a report summarizing and evaluating the actions taken by the commission to encourage water conservation by public utilities that furnish water and by their customers, including actions regarding incentive programs and rate structures.

AB844, s. 43 Section 43. Effective dates. This act takes effect on the day after publication, except as follows:

AB844,32,7 (1) The treatment of sections 20.370 (6) (eg), 281.34 (9), 281.344 (4s) (dm) (by Section 33), and 281.346 (4s) (dm) (by Section 35 ) of the statutes takes effect on the first day of the 25th month beginning after publication.

AB844,32,8 (End)