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 (2), means the total amount of groundwater that may be withdrawn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9amount of groundwater that may be withdrawn from the groundwater attention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.
AB844,26,2018 (c) A groundwater management council may contract with another entity,
19including a regional planning commission, for assistance in preparing a
20groundwater management plan.
AB844,26,2321 (d) 1. If a groundwater management council for a groundwater attention area
22that is contained within one county develops a groundwater management plan under
23par. (b), it shall submit the plan to the county board.
AB844,27,3
12. If a groundwater management council for a groundwater attention area that
2includes all or part of more than one county develops a groundwater management
3plan under par. (b), it shall submit the plan to each county board.
AB844,27,104 (e) 1. If the groundwater management council for a groundwater attention area
5that is contained in one county develops a groundwater management plan, it may
6recommend to the county board that the county request the department to approve
7the plan and to apply the plan under s. 281.34 (5) (ds) 2. and (7) (d). If the county
8board agrees, the groundwater management council shall submit the plan to the
9department and request the department to approve the plan and to apply the plan
10under s. 281.34 (5) (ds) 2. and (7) (d).
AB844,27,1711 2. If the groundwater management council for a groundwater management
12area that includes all or part of more than one county develops a groundwater
13management plan, it may recommend to each county board that the counties request
14the department to apply the plan under s. 281.34 (5) (ds) 2. and (7) (d). If each county
15board agrees, the groundwater management council shall submit the plan to the
16department and request the department to approve the plan and apply the plan
17under s. 281.34 (5) (ds) 2. and (7) (d).
AB844,27,2018 (f) The department shall review and approve or disapprove a groundwater
19management plan submitted under par. (e). The department may approve the
20groundwater management plan only if the plan complies with par. (b).
AB844, s. 32 21Section 32. 281.344 (4s) (dm) of the statutes is amended to read:
AB844,28,322 281.344 (4s) (dm) Requiring individual permit. The department may require
23a person who is making or proposes to make a withdrawal that averages 100,000
24gallons per day or more in any 30-day period, but that does not equal at least
251,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit

1under sub. (5) if the withdrawal is located in a groundwater protection area, as
2defined in s. 281.34 (1) (a), or a groundwater management area designated under s.
3281.34 (9) or 281.341 (2).
AB844, s. 33 4Section 33 . 281.344 (4s) (dm) of the statutes, as affected by 2009 Wisconsin
5Act .... (this act), is amended to read:
AB844,28,126 281.344 (4s) (dm) Requiring individual permit. The department may require
7a person who is making or proposes to make a withdrawal that averages 100,000
8gallons per day or more in any 30-day period, but that does not equal at least
91,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
10under sub. (5) if the withdrawal is located in a groundwater protection area, as
11defined in s. 281.34 (1) (a), or a groundwater management area designated under s.
12281.34 (9) or 281.341 (2).
AB844, s. 34 13Section 34. 281.346 (4s) (dm) of the statutes is amended to read:
AB844,28,2014 281.346 (4s) (dm) Requiring individual permit. The department may require
15a person who is making or proposes to make a withdrawal that averages 100,000
16gallons per day or more in any 30-day period, but that does not equal at least
171,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
18under sub. (5) if the withdrawal is located in a groundwater protection area, as
19defined in s. 281.34 (1) (a), or a groundwater management area designated under s.
20281.34 (9) or 281.341 (2).
AB844, s. 35 21Section 35 . 281.346 (4s) (dm) of the statutes, as affected by 2009 Wisconsin
22Act .... (this act), is amended to read:
AB844,29,423 281.346 (4s) (dm) Requiring individual permit. The department may require
24a person who is making or proposes to make a withdrawal that averages 100,000
25gallons per day or more in any 30-day period, but that does not equal at least

11,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
2under sub. (5) if the withdrawal is located in a groundwater protection area, as
3defined in s. 281.34 (1) (a), or a groundwater management area designated under s.
4281.34 (9) or 281.341 (2).
AB844, s. 36 5Section 36. 281.346 (8) (cm) of the statutes is created to read:
AB844,29,86 281.346 (8) (cm) Large withdrawals outside of Great Lakes basin. The
7department shall include requirements for water conservation in any approval
8under s. 30.18 (2) (a), 281.34, or 281.41 for any of the following:
AB844,29,109 1. A new withdrawal in the upper Mississippi River basin that will equal at
10least 1,000,000 gallons per day for any 30 consecutive days.
AB844,29,1311 2. A modification in a withdrawal in the upper Mississippi River basin if after
12that modification the withdrawal will equal at least 1,000,000 gallons per day for any
1330 consecutive days.
AB844, s. 37 14Section 37. 281.346 (8) (cs) of the statutes is created to read:
AB844,29,1915 281.346 (8) (cs) Withdrawals in groundwater management areas. 1. The
16department shall include requirements for water conservation in any approval
17under s. 30.18 (2) (a) or 281.41 to which par. (cm) does not apply if the withdrawal
18is in a groundwater management area designated under s. 281.341 (2) for which a
19groundwater management plan under s. 281.341 (3) is in effect.
AB844,29,2420 2. In any approval under this section or s. 30.18 (2) or 281.41 for a withdrawal
21in a groundwater management area designated under s. 281.341 (2) for which a
22groundwater management plan under s. 281.341 (3) is in effect, the department shall
23ensure that the requirements for water conservation included in the approval are
24consistent with the groundwater management plan.
AB844, s. 38 25Section 38. 281.348 (3) (a) 3. and 4. of the statutes are created to read:
AB844,30,5
1281.348 (3) (a) 3. A person operating a public water supply system that serves
2a population of 10,000 or more and that withdraws water from a groundwater
3management area designated under s. 281.341 (2) shall have an approved plan under
4this section no later than the first day of the 49th month beginning after the effective
5date of the rule designating the groundwater management area.
AB844,30,126 4. If a person operating a public water supply system described in subd. 3. has
7an approved plan under this section before the department approves or develops a
8groundwater management plan under s. 281.341 (3) (e) or (f) for the groundwater
9management area and the approved plan under this section is not consistent with
10the groundwater management plan, the person shall submit a revised plan under
11this section no later than the first day of the 49th month beginning after the effective
12date of the rule designating the groundwater management area.
AB844, s. 39 13Section 39. 281.348 (3) (c) 8. of the statutes is amended to read:
AB844,30,1814 281.348 (3) (c) 8. An analysis of how the plan supports and is consistent with
15any applicable comprehensive plans, as defined in s. 66.1001 (1) (a), and applicable
16approved areawide water quality management plans under s. 283.83, and applicable
17groundwater management plans approved or developed by the department under s.
18281.341 (3) (e) or (f)
.
AB844, s. 40 19Section 40. 281.348 (3) (cm) of the statutes is amended to read:
AB844,31,720 281.348 (3) (cm) For the purposes of plans under par. (a), an areawide water
21quality planning agency designated by the governor under ch. NR 121, Wis. Adm.
22Code, shall delineate the proposed water supply service areas for all of the public
23water supply systems in the planning area for which the agency is designated. An
24areawide water quality planning agency shall delineate proposed water supply
25service areas that are consistent with the approved areawide water quality

1management plan under s. 283.83 for the planning area and that permit the
2development of plans that are approvable under par. (d). An areawide water quality
3planning agency may also provide regional water needs assessments and other
4regional water supply planning information. The process for conducting regional
5activities under this subsection may be the same as the process for regional water
6supply planning for a groundwater management area designated under s. 281.34 (9)
7281.341 (2).
AB844, s. 41 8Section 41. 281.348 (3) (d) 4m. of the statutes is created to read:
AB844,31,119 281.348 (3) (d) 4m. The plan is consistent with any applicable groundwater
10management plans approved or developed by the department under s. 281.341 (3) (e)
11or (f).
AB844, s. 42 12Section 42. Nonstatutory provisions.
AB844,31,2113 (1) Report on high capacity well approval process. No later than the first day
14of the 13th month beginning after the effective date of this subsection, the
15department of natural resources shall submit to the legislature, in the manner
16provided in section 13.172 (2) of the statutes, a report on the approval process for high
17capacity wells, including a description of the department's efforts to streamline the
18process and a discussion of the feasibility of creating a process under which expedited
19approval would be granted for approvals of certain high capacity wells, including the
20creation of an Internet-based method of assisting the public to determine whether
21a proposed well may qualify for expedited approval.
AB844,32,222 (2) Public service commission report. No later than January 1, 2011, the
23public service commission shall submit to the appropriate standing committees of
24the legislature, in the manner provided in section 13.172 (3) of the statutes, a report
25summarizing and evaluating the actions taken by the commission to encourage

1water conservation by public utilities that furnish water and by their customers,
2including actions regarding incentive programs and rate structures.
AB844, s. 43 3Section 43. Effective dates. This act takes effect on the day after publication,
4except as follows:
AB844,32,75 (1) The treatment of sections 20.370 (6) (eg), 281.34 (9), 281.344 (4s) (dm) (by
6Section 33), and 281.346 (4s) (dm) (by Section 35 ) of the statutes takes effect on the
7first day of the 25th month beginning after publication.
AB844,32,88 (End)
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