AB844: Bill Text

As explained above, under current law, a person may not construct a high capacity well without an approval from DNR. Current law requires DNR to conduct an environmental review of applications for approval of all the following:

1. A high capacity well that is located in a groundwater protection area, that is, an area within 1,200 feet of a trout stream or waters designated by DNR as outstanding or exceptional resource waters.

2. A high capacity well with a high water loss, which means that less than 5 percent of the water withdrawn is returned after use to the basin from which it is withdrawn.

3. A high capacity well that may have a significant adverse impact on a qualifying spring.

Under current law, if DNR determines that an environmental impact report must be conducted for a proposed well that meets one of these criteria, DNR must generally include conditions in the approval of the well to ensure that the well does not cause significant adverse environmental impact or, if it is not possible to ensure that, must deny the application. If a proposed well will be used to provide a public water supply and DNR determines that there is no reasonable alternative location for the well, DNR must include in the approval conditions to ensure that the environmental impact of the well is balanced by the public benefit of the well.

This bill changes the criteria for determining which springs are qualifying springs under the high capacity well law. Under current law, to be a qualifying spring, a spring must result in a flow of at least one cubic foot per second at least 80 percent of the time. The bill requires DNR to conduct an inventory of large springs in this state and to report the results of the study to the legislature. Once DNR reports to the legislature, a spring that results in a flow of at least 0.25 cubic foot per second and that is perennial, as defined by DNR by rule, is a qualifying spring.

This bill expands the environmental review provisions of current law so that they apply to a proposed high capacity well in a groundwater management area before DNR approves or develops a groundwater management plan for the area. (After DNR approves the groundwater management plan, as explained above, DNR may not approve a high capacity well in the groundwater management area unless the high capacity well is consistent with the groundwater management plan.) The bill also provides that the environmental review provisions apply to any proposed high capacity well for a water bottling facility.

Under this bill, any person may file a petition with DNR requesting environmental review of a proposed high capacity well that does not meet any of the criteria for which environmental review is specifically required, on the grounds that the well is reasonably probable to result in significant adverse environmental impact to surface waters. A person filing a petition must provide information showing that the well is reasonably probable to result in significant adverse environmental impact to surface waters. If DNR determines that the information is adequate, the current environmental review provisions apply to the well.

Review of existing high capacity well approvals in designated areas

Under current law, the approval of a high capacity well generally remains in effect indefinitely.

This bill requires DNR to review existing approvals for high capacity wells in a groundwater management area after the groundwater management plan for the area takes effect. The bill authorizes DNR to modify the approval of a high capacity well in a groundwater management area to ensure that the well is consistent with the groundwater management plan.

This bill also requires DNR to review existing approvals for high capacity wells in a groundwater attention area if the county or counties in which the area is located requested DNR to approve the plan and to apply the plan to approvals of high capacity wells and DNR approved the plan. The bill authorizes DNR to modify the approval of a high capacity well in such a groundwater attention area to ensure that the well is consistent with the groundwater management plan.

Other provisions

Graywater and rainwater systems

This bill requires the Department of Commerce to promulgate rules that establish standards for graywater and rainwater systems and that authorize the use of graywater and rainwater within the building, or on the property surrounding the building, from which the graywater was generated or from which the rainwater was collected. Graywater is wastewater generated from the use of a clothes washer, sink, shower, or bathtub.

Public Service Commission order on water conservation

This bill requires the Public Service Commission (PSC) to issue an order for encouraging water conservation by water utilities and their customers. The PSC may impose different deadlines for compliance with the order on different classes of water utilities, but the PSC must impose the highest priority for compliance on water utilities located in groundwater management areas.

For further information see the state and local 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:

AB844, s. 1 Section 1. 16.968 of the statutes is repealed.

AB844, s. 2 Section 2. 20.370 (6) (eg) of the statutes is amended to read:

AB844,7,6 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation under s. 281.34 (8) (d) and (9) (d) and funding to local governmental units under s. 281.34 (9) (b).

AB844, s. 3 Section 3. 20.865 (2) (em) of the statutes is renumbered 20.285 (1) (et) and amended to read:

AB844,7,11 20.285 (1) (et) Groundwater survey and analysis. The amounts in the schedule for the survey and analysis of groundwater conditions and problems under ss. s. 16.968, 36.25 (6) and 280.13 and subch. II of ch. 281.

AB844, s. 4 Section 4. 36.25 (6) (f) of the statutes is created to read:

AB844,8,3 36.25 (6) (f) No funds may be expended from the appropriation account under s. 20.285 (2) (em) in a fiscal year before the state geologist and the department of natural resources agree on a plan for the use of the funds during that fiscal year.

AB844, s. 5 Section 5. 145.133 of the statutes is created to read:

AB844,8,5 145.133 Graywater systems. (1) In this section:

AB844,8,7 (a) "Graywater" means wastewater generated from the use of a clothes washer, sink, shower, or bathtub.

AB844,8,9 (b) "Graywater system" means a system for the collection and reuse of graywater.

AB844,8,11 (c) "Rainwater system" means a system for the use of rainwater collected from building roofs.

AB844,8,16 (2) The department shall promulgate rules that establish standards for the installation of graywater and rainwater systems. The standards shall authorize the use of graywater and rainwater within the building, or on the property surrounding the building, from which the graywater was generated or from which the rainwater was collected.

AB844, s. 6 Section 6. 160.50 (2) of the statutes is renumbered 160.50 (2) (a).

AB844, s. 7 Section 7. 160.50 (2) (b) of the statutes is created to read:

AB844,8,22 160.50 (2) (b) The groundwater coordinating council shall create a subcommittee on groundwater area review. The subcommittee shall be composed of individuals with technical expertise in the area of groundwater science and management.

AB844, s. 8 Section 8. 196.03 (3) (a) of the statutes is renumbered 196.03 (3) (ar) and amended to read:

AB844,9,6 196.03 (3) (ar) In the case of a public water utility furnishing water, the commission shall include, in the determination of water rates, the cost of fluoridating the water in the area served by the public water utility furnishing water if the governing body of the city, village or town which owns or is served by the public water utility furnishing water authorizes the fluoridation of water by the public water utility furnishing water.

AB844, s. 9 Section 9. 196.03 (3) (ag) of the statutes is created to read:

AB844,9,8 196.03 (3) (ag) "Water utility" means a public utility that furnishes water.

AB844, s. 10 Section 10. 196.03 (3) (b) 1. of the statutes is amended to read:

AB844,9,11 196.03 (3) (b) 1. A public water utility shall include the charges in the water utility bill of each customer of the public water utility in the city, village, or town.

AB844, s. 11 Section 11. 196.03 (3) (c) of the statutes is created to read:

AB844,9,21 196.03 (3) (c) 1. The commission shall commence a proceeding to issue an order for encouraging water conservation by all water utilities and their customers. The order may encourage water conservation through rates, incentives, rebates, or other methods determined by the commission. The commission may impose different deadlines for compliance with the order on different classes, as determined by the commission, of water utilities, except that the commission shall impose the highest priority for compliance on water utilities located in areas designated as groundwater management areas under rules promulgated by the department of natural resources under s. 281.341 (2) (a).

AB844,9,23 2. The commission shall issue the order required under subd. 1. no later than one year after the effective date of this subdivision .... [LRB inserts date].

AB844, s. 12 Section 12. 281.34 (1) (eg) of the statutes is created to read:

AB844,9,25 281.34 (1) (eg) "Qualifying spring" means the following:

AB844,10,2 1. Before the department submits the report under sub. (11) (b), a spring that results in a flow of at least one cubic foot per second at least 80 percent of the time.

AB844,10,5 2. Beginning on the day that the department submits the report under sub. (11) (b), a spring that results in a flow of at least 0.25 cubic foot per second and that is perennial, as defined under sub. (11) (c).

AB844, s. 13 Section 13. 281.34 (1) (er) of the statutes is created to read:

AB844,10,12 281.34 (1) (er) "Significant adverse environmental impact" means alteration of groundwater levels, groundwater discharge, surface water levels, surface water discharge, groundwater temperature, surface water temperature, groundwater chemistry, surface water chemistry, or other factors to the extent that those alterations cause significant degradation of environmental quality, including biological and ecological aspects of the affected water resource.

AB844, s. 14 Section 14. 281.34 (1) (f) of the statutes is amended to read:

AB844,10,16 281.34 (1) (f) "Spring" means an area of concentrated groundwater discharge occurring at the surface of the land that results in a flow of at least one cubic foot per second at least 80 percent of the time.

AB844, s. 15 Section 15. 281.34 (4) (a) 2. of the statutes is amended to read:

AB844,10,19 281.34 (4) (a) 2. A high capacity well with a water loss of more than 95 percent of the amount of water withdrawn or a high capacity well for a water bottling facility.

AB844, s. 16 Section 16. 281.34 (4) (a) 3. of the statutes is amended to read:

AB844,10,22 281.34 (4) (a) 3. A high capacity well that may have a significant adverse environmental impact on a qualifying spring.

AB844, s. 17 Section 17. 281.34 (4) (a) 4. of the statutes is created to read:

AB844,11,2 281.34 (4) (a) 4. A high capacity well that is located in a groundwater management area, designated under s. 281.341 (2), for which a groundwater management plan under s. 281.341 (3) (e) or (f) is not yet in effect when the application for the high capacity well is submitted.

AB844, s. 18 Section 18. 281.34 (4) (a) 5. of the statutes is created to read:

AB844,11,8 281.34 (4) (a) 5. A high capacity well not described in subds. 1. to 4. if the department receives a petition under par. (am) 2. requesting environmental review of the application and the information in the petition shows that construction and operation of the well as proposed is reasonably probable to result in significant adverse environmental impact to surface waters.

AB844, s. 19 Section 19. 281.34 (4) (am) of the statutes is created to read:

AB844,11,15 281.34 (4) (am) 1. When the department receives an application for approval of a high capacity well that is not described in par. (a) 1. to 4., the department shall post notice of the application on its Internet site and require the applicant to provide notice of the application to interested members of the public, except that the department may exempt an applicant from the requirement to provide notice if the department determines that the well is needed because of an emergency.

AB844,11,22 2. Any person may file a petition with the department requesting environmental review of a well to which subd. 1. applies on the grounds that the well is reasonably probable to result in significant adverse environmental impact to surface waters. A person filing a petition under this subdivision shall include in the petition information showing that construction and operation of the well as proposed is reasonably probable to result in significant adverse environmental impact to surface waters.

AB844, s. 20 Section 20. 281.34 (5) (b) 1. of the statutes is amended to read:

AB844,12,6 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact.

AB844, s. 21 Section 21. 281.34 (5) (c) of the statutes is amended to read:

AB844,12,16 281.34 (5) (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn or for a high capacity well for a water bottling facility, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact.

AB844, s. 22 Section 22. 281.34 (5) (d) of the statutes is amended to read:

AB844,13,2 281.34 (5) (d) Impact on a qualifying spring. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well that may have a significant adverse environmental impact on a qualifying spring, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact.

AB844,13,10 2. Subdivision 1. does not apply to a proposed high capacity well that may have a significant adverse environmental impact on a qualifying spring and that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB844, s. 23 Section 23. 281.34 (5) (dc) of the statutes is created to read:

AB844,13,20 281.34 (5) (dc) High capacity wells in groundwater management area without management plan. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well to which sub. (4) (a) 4. applies, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact to surface waters.

AB844,14,2 2. Subdivision 1. does not apply to a proposed high capacity well to which sub. (4) (a) 4. applies that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB844, s. 24 Section 24. 281.34 (5) (de) of the statutes is created to read:

AB844,14,12 281.34 (5) (de) High capacity wells reasonably probable to cause significant adverse environmental impact. 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for a proposed high capacity well to which sub. (4) (a) 5. applies, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant adverse environmental impact to surface waters.

AB844,14,19 2. Subdivision 1. does not apply to a proposed high capacity well to which sub. (4) (a) 5. applies that is a water supply for a public utility engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for a well and is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety.

AB844, s. 25 Section 25. 281.34 (5) (ds) of the statutes is created to read:

AB844,14,25 281.34 (5) (ds) Groundwater management plan. 1. If a proposed high capacity well is in a groundwater management area designated under s. 281.341 (2) with a groundwater management plan under s. 281.341 (3) (e) or (f) in effect, the department may not approve the high capacity well unless it is consistent with that plan.

AB844,15,4 2. If a proposed high capacity well is in a groundwater attention area designated under s. 281.341 (4) with a groundwater management plan approved under s. 281.341 (5) (f), the department may not approve the high capacity well unless it is consistent with that plan.

AB844, s. 26 Section 26. 281.34 (7) of the statutes is renumbered 281.34 (7) (a) and amended to read:

AB844,15,9 281.34 (7) (a) The approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., remains in effect unless the, subject to pars. (b) to (d).

AB844,15,13 (b) The department modifies or rescinds the may modify or rescind an approval under this section or under s. 281.17 (1), 2001 stats., because the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to the approval of the high capacity well.

AB844, s. 27 Section 27. 281.34 (7) (c) of the statutes is created to read:

AB844,15,19 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3) (e) or (f) takes effect for a groundwater management area designated under s. 281.341 (2), the department shall review approvals for high capacity wells in the groundwater management area that were issued under this section or under s. 281.17 (1), 2001 stats., before the plan took effect.

AB844,15,23 2. After conducting the review under subd. 1. for a groundwater management area designated under s. 281.341 (2), the department shall periodically review the approvals under this section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater management area.

AB844,16,3 3. The department may modify the approval under this section or under s. 281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as necessary to ensure that the high capacity well is consistent with the groundwater management plan for the groundwater management area in which the high capacity well is located.

AB844, s. 28 Section 28. 281.34 (7) (d) of the statutes is created to read: