AB426,138,2423 1. Apply for and be issued an individual permit for a navigable water activity
24under s. 30.12, 30.123, 30.19, or 30.195.
AB426,138,2525 1m. Enter into a contract under s. 30.20.
AB426,139,2
12. Engage in an activity that is exempt under s. 30.12, 30.123, 30.19, 30.195,
2or 30.20.
AB426,139,43 3. Seek authorization under a general permit issued under s. 30.12, 30.123,
430.19, or 30.20.
AB426,139,85 (b) If a person is applying for more than one permit or contract for a navigable
6water activity associated with bulk sampling or mining, the person may file a single
7application. The application shall include any information requested by the
8department under s. 295.45 (3).
AB426,139,11 9(4) Requirements. (a) Generally. The department shall issue a permit, or enter
10into a contract, for a navigable water activity if the navigable water activity meets
11all of the following requirements:
AB426,139,1312 1. The navigable water activity will not significantly impair public rights and
13interests in a navigable water.
AB426,139,1514 2. The navigable water activity will not significantly reduce the effective flood
15flow capacity of a stream.
AB426,139,1716 3. The navigable water activity will not significantly affect the rights of
17riparian owners or the applicant obtains the consent of the riparian owners.
AB426,139,1818 4. The navigable water activity will not significantly degrade water quality.
AB426,139,2219 (b) Measures. The person applying for the permit or contract shall submit a
20plan to the department containing proposed measures to to meet the requirements
21under par. (a) and a proposed schedule for implementing the measures. The plan
22shall include one or more of the following measures:
AB426,139,2523 1. Measures to offset significant impacts to navigable waters by providing
24public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
25exchange for each acre of navigable waters that is significantly impacted.
AB426,140,1
12. Measures to improve public rights or interests in navigable waters.
AB426,140,22 3. Measures to offset significant impacts to water quality or quantity.
AB426,140,33 4. Measures to enhance flood storage.
AB426,140,44 5. Compensation or mitigation as provided under s. 295.60.
AB426,140,55 6. Conservation measures as provided in s. 295.61.
AB426,140,126 (bn) Plan review; finding. In reviewing the plan, the department may require
7that measures that are in addition to, or in conjunction with, one or more of the
8measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan
9and application, if the department finds that the requirements under par. (a) will be
10met by implementing some or all of the measures contained in the plan, the
11department shall determine which measures shall be required, shall approve a
12schedule for implementation, and shall issue the permit or enter into the contract.
AB426,140,1813 (c) Applicability of requirements. The requirements that are specified in par.
14(a) 1. to 4. are in lieu of any requirements required for permits under ss. 30.12 (3m)
15(c), 30.123 (8) (c), 30.19 (4) (c), and 30.195 (2) (c) and are in lieu of any requirements
16for contracts under s. 30.20 that relate to the state's or public's interests and shall
17be used, in conjunction with the measures required under par. (b), in any evaluation
18by the department pursuant to 33 USC 1341.
AB426,140,21 19(5) Permit conditions. The department may impose conditions in a permit for
20a navigable water activity that it determines to be necessary to ensure that the
21navigable water activities subject to the permit meet the requirements under par. (a).
AB426,140,24 22(6) Relationship to other laws. (a) Chapter 30 and any rules promulgated
23under that chapter apply to any navigable water activity subject to this section to the
24extent that they do not conflict with this section, except as provided in par. (b).
AB426,141,3
1(b) Sections 30.208, 30.209, and 30.2095 and any rules promulgated under
2those sections, do not apply to any navigable water activity that is subject to this
3section.
AB426,141,4 4295.607 Shoreland and floodplain zoning. (a) In this section:
AB426,141,65 1. "Development or construction activity" means a waste site, structure,
6building, fill, or other development or construction activity.
AB426,141,97 2. "Shoreland or floodplain zoning ordinance" means a shoreland or floodplain
8zoning ordinance or regulation adopted under s. 59.692, 61.351, 62.231, 87.30, or
9281.31.
AB426,141,1410 (b) The department may not prohibit a development or construction activity to
11be located in an area that would otherwise be prohibited under a shoreland or
12floodplain zoning ordinance if the development or construction activity is authorized
13by the department as part of a mining operation covered by a mining permit under
14s. 295.58.
AB426,141,2015 (c) A development or construction activity located in an area that would
16otherwise be prohibited under a shoreland or floodplain zoning ordinance does not
17violate the applicable ordinance if the development or construction activity is
18authorized by the department as part of a mining operation covered by a mining
19permit under s. 295.58. No shoreland or floodplain zoning variance is required for
20a development or construction activity located as provided under this paragraph.
AB426,141,22 21295.61 Withdrawals of surface waters and groundwater. (1)
22Definitions. In this section:
AB426,141,2423 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1)
24(b).
AB426,142,2
1(b) "Environmentally sound and economically feasible water conservation
2measures" has the meaning given in s. 281.346 (1) (i).
AB426,142,33 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).
AB426,142,44 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).
AB426,142,55 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).
AB426,142,66 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).
AB426,142,77 (g) Unless the context otherwise requires, "use" includes dewatering.
AB426,142,88 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).
AB426,142,99 (i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).
AB426,142,16 10(2) Permit required. No person may engage in any withdrawal or use of surface
11water as part of a mining operation or bulk sampling unless the person has been
12issued a water withdrawal permit under this section. No person may engage in any
13withdrawal or use of groundwater as part of a mining operation or bulk sampling if
14the capacity and rate of withdrawal of all wells involved in the withdrawal of
15groundwater or the dewatering of mines exceeds 100,000 gallons each day unless the
16person has been issued a water withdrawal permit under this section.
AB426,142,21 17(3) Permit application. (a) Application. Any person applying for a water
18withdrawal permit is required to submit only one application. A person applying for
19such a permit need not be a riparian owner. An application for a water withdrawal
20permit shall include any information requested by the department under s. 295.45
21(3).
AB426,143,1022 (b) Siting analysis. If withdrawal of water at a mining operation or for bulk
23sampling will involve one or more high capacity wells, the department shall require
24an applicant for a water withdrawal permit to submit a siting analysis for the
25purpose of determining the location of the high capacity wells. The analysis shall

1include alternate proposed locations for each high capacity well. In evaluating a
2submitted analysis, the department shall recognize there is a need for mining waste
3sites, processing facilities, including wastewater and sludge storage or treatment
4lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall
5allow any high capacity well to be located so that need will be met. The department
6shall determine which location for each high capacity well has the fewest overall
7adverse environmental impacts to the extent practicable. In determining what is
8practicable, the department shall take into consideration the ability to implement
9any conservation measures that may be required under sub. (4) (b). Section 281.346
10(5) (b) 5. does not apply to determining a location under this paragraph.
AB426,143,1611 (c) Entry to land. After an application for a water withdrawal permit has been
12submitted under this section, the applicant may enter any land from which the
13applicant proposes to withdraw water or use water for the purpose of making any
14surveys required for the mining operation or bulk sampling, but no work may be
15commenced necessary for the mining operation or the bulk sampling until the
16department issues the permit under this section.
AB426,143,19 17(4) Permit issuance. (a) General requirements. The department shall issue
18a water withdrawal permit if the withdrawal or use of the surface water or
19groundwater meets all of the following requirements:
AB426,143,2220 1. The proposed withdrawal and uses of the water are substantially consistent
21with the protection of public health, safety, and welfare and will not be significantly
22detrimental to the public interest.
AB426,143,2523 2. The proposed withdrawal and uses of the water will not have a significant
24adverse impact on the environment and ecosystem of the Great Lakes basin or the
25Upper Mississippi River basin.
AB426,144,2
13. The proposed withdrawal and use of the water will not be significantly
2detrimental to the quantity and quality of the waters of the state.
AB426,144,53 4. The proposed withdrawal and use of the water will not significantly impair
4the rights of riparian owners or the applicant obtains the consent of the riparian
5owners.
AB426,144,76 5. The proposed withdrawal and use of the water will not result in significant
7injury to public rights in navigable waters.
AB426,144,98 6. If the withdrawal or the use of the water will result in an interbasin
9diversion, the requirements of s. 281.35 (5) (d) 7. are met.
AB426,144,1110 7. The proposed withdrawal or use of the water will comply with any
11requirements imposed by the department under par. (cm).
AB426,144,1512 (b) Conservation measures. The person applying for the permit shall submit
13a plan to the department containing proposed conservation measures to meet the
14requirements under par. (a) and a proposed schedule for implementing the
15measures. The plan shall include one or more of the following measures:
AB426,144,1716 1. Environmentally sound and economically feasible water conservation
17measures.
AB426,144,2018 2. Restoration of hydrologic conditions and functions of the source watershed,
19or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration
20of the hydrologic conditions and functions of that stream.
AB426,144,2121 3. Protection of important upland groundwater recharge areas.
AB426,144,2222 4. Stabilization of shorelands.
AB426,144,2423 5. Restoration or enhancement of the natural beneficial uses and values of a
24stream or river.
AB426,145,2
16. Implementation of any feasible methods to offset impacts to water quality
2or quantity.
AB426,145,43 7. Supplementation of additional water to water bodies to offset lower water
4levels.
AB426,145,65 8. Taking steps to improve public rights or interests in navigable waters, if
6navigable waters are subject to the permit.
AB426,145,77 9. Mitigation or compensation as provided in s. 295.60.
AB426,145,108 10. Measures to offset significant impacts to navigable waters by providing
9public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
10exchange for each acre of natural navigable waters that is significantly impacted.
AB426,145,1111 11. A riparian restoration project, as defined in s. 295.60 (1) (n).
AB426,145,1212 12. Measures as provided in s. 295.605.
AB426,145,2013 (bn) Plan review; finding. In reviewing the plan, the department may require
14that conservation measures that are in addition to, or in conjunction with, one or
15more of the conservation measures specified in par. (b) 1. to 12. be included in the
16plan. After reviewing the plan and application, if the department finds that the
17requirements under par. (a) will be met by implementing some or all of the
18conservation measures contained in the plan, the department shall determine which
19measures shall be required, shall approve a schedule for implementation, and shall
20issue the permit.
AB426,146,221 (cm) Impacts to water supplies. If the department determines that a proposed
22withdrawal or use of water will result in a significant impact to a public or private
23water supply, the department shall require the applicant to offset that impact in a
24manner approved by the department, which may include a requirement that the

1applicant provide a replacement water supply of similar quality or provide an
2increased amount of water to the water supply.
AB426,146,113 (d) Public benefits. If the department finds under par. (bn) that the applicant
4cannot meet all of the applicable requirements under par. (a), the department shall
5nevertheless issue the water withdrawal permit if the department determines that
6the public benefits resulting from the mining operation exceed any injury to public
7rights and interests in a body of water that is affected by the mining operation or bulk
8sampling. In making this determination, the department shall recognize that the
9withdrawal and use of the waters of the state in connection with mining is in the
10public's interest and welfare and fulfills a public purpose and shall consider all of the
11following factors:
AB426,146,1412 1. The extent to which the public rights in a navigable body of water, and its
13related environment, may be substantially and irreparably injured by the proposed
14withdrawal or use.
AB426,146,1615 2. Public benefits that may be provided by increased employment, economic
16activity, and tax revenues from the mining operation.
AB426,146,1817 3. The direct and indirect social benefits and costs that will result from the
18proposed mining operation.
AB426,146,2019 4. The rights of riparian owners or other competing users to the water that will
20be subject to the permit.
AB426,146,2221 5. The extent to which any impacts from mining or bulk sampling will be
22temporary.
AB426,146,2423 (e) Use of nonriparian waters. Water withdrawn in accordance with a water
24withdrawal permit may be used on nonriparian property.
AB426,147,6
1(f) Limits on permit denials. If the department determines that one of the water
2withdrawal activities subject to an application for a water withdrawal permit does
3not meet the requirements for issuing the permit under par. (a), (bn), or (d) and will
4not be authorized under the permit, the failure to authorize the activity may not
5affect the department's determination as to whether to approve or deny the permit
6for other water withdrawal activities that are subject to the application.
AB426,147,10 7(5) Permit conditions. The department may impose reasonable conditions in
8a water withdrawal permit that do not interfere with the mining operation or bulk
9sampling or limit the amount of water needed for the mining operation or bulk
10sampling and that relate to any of the following:
AB426,147,1111 (a) The location of the withdrawal or use.
AB426,147,1212 (b) The authorized base level of water loss from the withdrawal or use.
AB426,147,1413 (c) The dates on which or seasons during which withdrawal or use of the water
14may occur.
AB426,147,1515 (d) The purposes for the withdrawal or use of the water.
AB426,147,1716 (e) The amount and quality of return flow required and the place of the
17discharge.
AB426,147,1918 (f) The requirements for reporting volumes and rates of withdrawal and any
19other data specified by the department.
AB426,147,2220 (g) Any other conditions that the department determines are necessary to
21protect the environment and the public health, safety, and welfare and to ensure the
22conservation and proper management of the waters of the state.
AB426,147,24 23(6) Permit modifications. (a) 1. An operator to whom a permit has been issued
24under this section may request a modification of any condition in the permit.
AB426,148,5
12. If the request for a modification under subd. 1. does not result in an increase
2in an existing withdrawal resulting in a water loss averaging more than 2,000,000
3gallons per day in any 30-day period above the operator's authorized base level of
4water loss, within 30 days of receiving the request the department shall approve the
5request and amend the permit to incorporate the modification.
AB426,148,176 3. a. If the request for a modification under subd. 1. results in an increase in
7an existing withdrawal resulting in a water loss averaging more than 2,000,000
8gallons per day in any 30-day period above the operator's authorized base level of
9water loss, the department shall determine whether it is required, under ch. NR 150,
10Wis. Adm. Code, to prepare an environmental assessment or environmental impact
11statement and, if so, shall prepare an environmental assessment or an
12environmental impact statement. If the department determines that, under ch. NR
13150, Wis. Adm. Code, the operator must prepare an environmental impact report, the
14department may only request information in the environmental impact report that
15relates to decisions that the department makes under this section related to the
16permit and the department shall limit its analysis to an evaluation of the request for
17the modification.
AB426,149,218 b. The department shall publish a class 1 notice, under ch. 985, of the
19availability of information about a request to which this subdivision applies, its
20proposed decision on the request, the opportunity to comment within 30 days after
21the notice is published, and the opportunity to request a public informational
22hearing. The department shall also provide the notice to the applicant, the persons
23specified in s. 30.18 (4) (a), and if the modification involves a structure through which
24water transferred from the Great Lakes basin would be returned to the source
25watershed through a stream tributary to one of the Great Lakes, the governing body

1of each city, village, and town through which the stream flows or that is adjacent to
2the stream downstream from the point at which the water would enter the stream.
AB426,149,53 c. Within 180 days of receiving a request to which this subdivision applies, the
4department shall approve or deny as provided in sub. (4) the request and, if it
5approves the request, shall amend the permit to incorporate the modification.
AB426,149,156 (b) 1. The department may propose modifications to any of the conditions in the
7water withdrawal permit. If it proposes a modification, the department shall
8determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an
9environmental assessment or environmental impact statement and, if so, shall
10prepare an environmental assessment or an environmental impact statement. If the
11department determines that, under ch. NR 150, Wis. Adm. Code, the operator must
12prepare an environmental impact report, the department may only request
13information in the environmental impact report that relates to decisions that the
14department makes under this section related to the permit and the department shall
15limit its analysis to an evaluation of the proposed modification.
AB426,149,2516 2. The department shall publish a class 1 notice, under ch. 985, of the
17availability of information about a proposed modification under this paragraph, the
18opportunity to comment within 30 days after the notice is published, and the
19opportunity to request a public informational hearing. The department shall also
20provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the
21modification involves a structure through which water transferred from the Great
22Lakes basin would be returned to the source watershed through a stream tributary
23to one of the Great Lakes, the governing body of each city, village, and town through
24which the stream flows or that is adjacent to the stream downstream from the point
25at which the water would enter the stream.
AB426,150,2
13. The department may not impose the modification until after the end of the
2public comment period under subd. 2.
AB426,150,63 4. Any modified condition under this paragraph may not interfere with the
4mining operation or limit the amount of water needed for the mining operation if the
5holder of the water withdrawal permit is implementing any conservation measures
6that are applicable under the permit.
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