AB1,159,2422 2. A person is not required to be the owner of a piece of property in order to
23obtain a permit to withdraw groundwater from that piece of property if any of the
24following applies:
AB1,159,2525 a. The person leases the piece of property from the owner.
AB1,160,1
1b. The person holds an easement on the piece of property.
AB1,160,32 c. The person has obtained permission from the owner to withdraw
3groundwater from that piece of property.
AB1,160,144 (b) Siting analysis. If withdrawal of water at a mining operation or for bulk
5sampling will involve one or more high capacity wells, the department shall require
6an applicant for a water withdrawal permit to submit a siting analysis for the
7purpose of determining the location of the high capacity wells. The analysis shall
8include alternate proposed locations for each high capacity well. In evaluating a
9submitted analysis, the department shall recognize there is a need for mining waste
10sites and processing facilities, including wastewater and sludge storage or treatment
11lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall
12allow any high capacity well to be located so that need will be met. The department
13shall approve the location of each high capacity well as part of the permit issued
14under sub. (4).
AB1,160,2015 (c) Entry to land. After an application for a water withdrawal permit has been
16submitted under this section, the applicant may enter any land from which the
17applicant proposes to withdraw water or use water for the purpose of making any
18surveys required for the mining operation or bulk sampling, but no work may be
19commenced necessary for the mining operation or the bulk sampling until the
20department issues the permit under this section.
AB1,160,23 21(4) Permit issuance. (a) General requirements. The department shall issue
22a water withdrawal permit if it determines that the withdrawal or use of the surface
23water or groundwater meets all of the following requirements:
AB1,161,3
11. The proposed withdrawal and uses of the water are substantially consistent
2with the protection of public health, safety, and welfare and will not be significantly
3detrimental to the public interest.
AB1,161,64 2. The proposed withdrawal and uses of the water will not have a significant
5adverse impact on the environment and ecosystem of the Great Lakes basin or the
6Upper Mississippi River basin.
AB1,161,87 3. The proposed withdrawal and use of the water will not be significantly
8detrimental to the quantity and quality of the waters of the state.
AB1,161,119 4. The proposed withdrawal and use of the water will not significantly impair
10the rights of riparian owners or the applicant obtains the consent of the riparian
11owners.
AB1,161,1312 5. The proposed withdrawal and use of the water will not result in significant
13injury to public rights in navigable waters.
AB1,161,1514 6. If the withdrawal or the use of the water will result in an interbasin
15diversion, the requirements of s. 281.35 (5) (d) 7. are met.
AB1,161,1716 7. The proposed withdrawal or use of the water will comply with any
17requirements imposed by the department under par. (cm).
AB1,161,2118 (b) Conservation measures. The person applying for the permit shall submit
19a plan to the department containing proposed conservation measures to meet the
20requirements under par. (a) and a proposed schedule for implementing the
21measures. The plan shall include one or more of the following measures:
AB1,161,2322 1. Environmentally sound and economically feasible water conservation
23measures.
AB1,162,3
12. Restoration of hydrologic conditions and functions of the source watershed,
2or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration
3of the hydrologic conditions and functions of that stream.
AB1,162,44 3. Protection of important upland groundwater recharge areas.
AB1,162,55 4. Stabilization of shorelands.
AB1,162,76 5. Restoration or enhancement of the natural beneficial uses and values of a
7stream or river.
AB1,162,98 6. Implementation of any feasible methods to offset impacts to water quality
9or quantity.
AB1,162,1110 7. Supplementation of additional water to water bodies to offset lower water
11levels.
AB1,162,1312 8. Taking steps to improve public rights or interests in navigable waters, if
13navigable waters are subject to the permit.
AB1,162,1414 9. A mitigation program as provided in s. 295.60 (8).
AB1,162,1715 10. Measures to offset significant impacts to navigable waters by providing
16public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
17exchange for each acre of natural navigable waters that is significantly impacted.
AB1,162,1818 11. A riparian restoration project.
AB1,162,1919 12. Measures as provided in s. 295.605.
AB1,163,220 (bn) Plan review; finding. In reviewing the plan, the department may require
21that conservation measures that are in addition to, or in conjunction with, one or
22more of the conservation measures specified in par. (b) 1. to 12. be included in the
23plan. After reviewing the plan and application, if the department finds that the
24requirements under par. (a) will be met by implementing some or all of the
25conservation measures contained in the plan, the department shall determine which

1measures shall be required, shall approve a schedule for implementation, and shall
2issue the permit.
AB1,163,83 (cm) Impacts to water supplies. If the department determines that a proposed
4withdrawal or use of water will result in a significant impact to a public or private
5water supply, the department shall require the applicant to offset that impact in a
6manner approved by the department, which may include a requirement that the
7applicant provide a replacement water supply of similar quality or provide an
8increased amount of water to the water supply.
AB1,163,109 (e) Use of waters on nonriparian property. Water withdrawn in accordance with
10a water withdrawal permit may be used on nonriparian property.
AB1,163,1611 (f) Limits on permit denials. If the department determines that one of the water
12withdrawal activities subject to an application for a water withdrawal permit does
13not meet the requirements for issuing the permit under par. (a) and will not be
14authorized under the permit, the failure to authorize the activity may not affect the
15department's determination as to whether to approve or deny the permit for other
16water withdrawal activities that are subject to the application.
AB1,163,20 17(5) Permit conditions. (a) The department may impose reasonable conditions
18in a water withdrawal permit that, except as provided in par. (b), may not interfere
19with the mining operation or bulk sampling or limit the amount of water needed for
20the mining operation or bulk sampling and that relate to any of the following:
AB1,163,2121 1. The location of the withdrawal or use.
AB1,163,2222 2. The authorized base level of water loss from the withdrawal or use.
AB1,163,2423 3. The dates on which or seasons during which withdrawal or use of the water
24may occur.
AB1,163,2525 4. The purposes for the withdrawal or use of the water.
AB1,164,2
15. The amount and quality of return flow required and the place of the
2discharge.
AB1,164,43 6. The requirements for reporting volumes and rates of withdrawal and any
4other data specified by the department.
AB1,164,75 7. Any other conditions that the department determines are necessary to
6protect the environment and the public health, safety, and welfare and to ensure the
7conservation and proper management of the waters of the state.
AB1,164,128 (b) If the department determines that a high capacity well that would be
9covered by a water withdrawal permit may impair a privately owned high capacity
10well, the department shall include in the water withdrawal permit conditions that
11will ensure that the privately owned high capacity well will not be impaired, unless
12the private high capacity well owner agrees to the impairment.
AB1,164,14 13(6) Permit modifications. (a) 1. An operator to whom a permit has been issued
14under this section may request a modification of any condition in the permit.
AB1,164,1915 2. If the request for a modification under subd. 1. does not result in an increase
16in an existing withdrawal resulting in a water loss averaging more than 2,000,000
17gallons per day in any 30-day period above the operator's authorized base level of
18water loss, within 30 days of receiving the request the department shall approve the
19request and amend the permit to incorporate the modification.
AB1,165,620 3. a. If the request for a modification under subd. 1. results in an increase in
21an existing withdrawal resulting in a water loss averaging more than 2,000,000
22gallons per day in any 30-day period above the operator's authorized base level of
23water loss, the department shall determine, using the environmental review process
24under s. 1.11, whether it is required to prepare an environmental assessment or
25environmental impact statement and, if so, shall prepare an environmental

1assessment or an environmental impact statement. If the department determines,
2using the environmental review process under s. 1.11, that the operator must
3prepare an environmental impact report, the department may only request
4information in the environmental impact report that relates to decisions that the
5department makes under this section related to the permit and the department shall
6limit its analysis to an evaluation of the request for the modification.
AB1,165,217 b. The department shall publish a class 1 notice, under ch. 985, and shall
8publish notice on the department's Internet site, of the availability of information
9about a request to which this subdivision applies, its proposed decision on the
10request, the opportunity to comment within 30 days after the date of the publication
11of the notice, and the opportunity to request a public informational hearing. The
12department shall also provide the notice to the applicant, the persons specified in s.
1330.18 (4) (a), and if the modification involves a structure through which water
14transferred from the Great Lakes basin would be returned to the source watershed
15through a stream tributary to one of the Great Lakes, the governing body of each city,
16village, and town through which the stream flows or that is adjacent to the stream
17downstream from the point at which the water would enter the stream. The
18department's notice to interested persons under this subd. 3. b. may be given through
19an electronic notification system established by the department. The date on which
20the department first publishes notice on its Internet site shall be considered the date
21of the publication of the notice required to be published under this subd. 3. b.
AB1,165,2422 c. Within 180 days of receiving a request to which this subdivision applies, the
23department shall approve or deny as provided in sub. (4) the request and, if it
24approves the request, shall amend the permit to incorporate the modification.
AB1,166,12
1(b) 1. The department may propose modifications to any of the conditions in the
2water withdrawal permit that it determines to be necessary to ensure compliance
3with the standards in sub. (4). If it proposes a modification, the department shall
4determine, using the environmental review process under s. 1.11, whether it is
5required to prepare an environmental assessment or environmental impact
6statement and, if so, shall prepare an environmental assessment or an
7environmental impact statement. If the department determines, using the
8environmental review process under s. 1.11, that the operator must prepare an
9environmental impact report, the department may only request information in the
10environmental impact report that relates to decisions that the department makes
11under this section related to the permit and the department shall limit its analysis
12to an evaluation of the proposed modification.
AB1,167,213 2. The department shall publish a class 1 notice, under ch. 985, and shall
14publish notice on the department's Internet site, of the availability of information
15about a proposed modification under this paragraph, the opportunity to comment
16within 30 days after the date of the publication of the notice, and the opportunity to
17request a public informational hearing. The department shall also provide the notice
18to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification
19involves a structure through which water transferred from the Great Lakes basin
20would be returned to the source watershed through a stream tributary to one of the
21Great Lakes, the governing body of each city, village, and town through which the
22stream flows or that is adjacent to the stream downstream from the point at which
23the water would enter the stream. The department's notice to interested persons
24under this subdivision may be given through an electronic notification system
25established by the department. The date on which the department first publishes

1notice on its Internet site shall be considered the date of the publication of the notice
2required to be published under this subdivision.
AB1,167,43 3. The department may not impose the modification until after the end of the
4public comment period under subd. 2.
AB1,167,85 4. Any modified condition under this paragraph may not interfere with the
6mining operation or limit the amount of water needed for the mining operation if the
7holder of the water withdrawal permit is implementing any conservation measures
8that are applicable under the permit.
AB1,167,10 9(7) Relationship to other laws. None of the following apply to water
10withdrawal or use that is associated with mining operations or bulk sampling:
AB1,167,1211 (a) Sections 30.18, 281.34, and 281.35 and any rules promulgated under those
12sections, except as specifically provided in this section.
AB1,167,1513 (b) Any provision of ch. NR 812, Wis. Adm. Code, that conflicts with this section,
14except that s. NR 812.08, Wis. Adm. Code, does not apply to water withdrawal or use
15that is associated with mining operations or bulk sampling.
AB1,167,17 16(8) Damage claims. (a) As used in this subsection, "person" does not include
17a city, village, or town.
AB1,167,2418 (b) A person claiming damage to the quantity or quality of the person's private
19water supply caused by bulk sampling or mining may file a complaint with the
20department and, if there is a need for an immediate alternative source of water, with
21the city, village, or town where the private water supply is located. The department
22shall conduct an investigation and if the department concludes that there is reason
23to believe that the bulk sampling or mining is interrelated to the condition giving rise
24to the complaint, it shall schedule a hearing.
AB1,168,6
1(c) The city, village, or town in which is located the private water supply that
2is the subject of a complaint under par. (a) shall, upon request, supply necessary
3amounts of water to replace the water formerly obtained from the damaged private
4supply. Responsibility to supply water begins at the time the complaint is filed and
5ends at the time the decision of the department made at the conclusion of the hearing
6is implemented.
AB1,168,257 (d) If the department concludes after the hearing that bulk sampling or mining
8is the principal cause of the damage to the private water supply, it shall issue an order
9to the operator requiring the provision of water to the person found to be damaged
10in a like quantity and quality to that previously obtained by the person and for a
11period of time that the water supply, if undamaged, would be expected to provide a
12beneficial use, requiring reimbursement to the city, village, or town for the cost of
13supplying water under par. (c), if any, and requiring the payment of compensation
14for any damages unreasonably inflicted on the person as a result of damage to the
15person's water supply. The department shall order the payment of full compensatory
16damages up to $75,000 per claimant. The department shall issue its written findings
17and order within 60 days after the close of the hearing. Any judgment awarded in
18a subsequent action for damages to a private water supply caused by bulk sampling
19or mining shall be reduced by any award of compensatory damages previously made
20under this subsection for the same injury and paid by the operator. The department
21shall change the dollar amount under this paragraph annually, beginning with 1978,
22according to the method under s. 70.375 (6). Pending the final decision on any appeal
23from an order issued under this paragraph, the operator shall provide water as
24ordered by the department. The existence of the relief under this section is not a bar
25to any other statutory or common law remedy for damages.
AB1,169,4
1(e) If the department concludes after the hearing that bulk sampling or mining
2is not the cause of any damage, reimbursement to the city, village, or town for the
3costs of supplying water under par. (c), if any, is the responsibility of the person who
4filed the complaint.
AB1,169,75 (f) Failure of an operator to comply with an order under par. (d) is grounds for
6suspension or revocation of a mining permit or any approval required for bulk
7sampling.
AB1,169,13 8(9) Costs reimbursed. (a) Costs incurred by a city, village, or town in
9monitoring the effects of bulk sampling or mining on surface water and groundwater
10resources, in providing water to persons claiming damage to private water supplies
11under sub. (8) (c), or in retaining legal counsel or technical consultants to represent
12and assist the city, village, or town appearing at the hearing under sub. (8) (b) are
13reimbursable through the investment and local impact fund under s. 15.435.
AB1,169,1714 (b) Any costs paid to a city, village, or town through the investment and local
15impact fund under par. (a) shall be reimbursed to the fund by the city, village, or town
16if the city, village, or town receives funds from any other source for the costs incurred
17under par. (a).
AB1,169,2218 (c) If an order under sub. (8) (d) requiring the operator to provide water or to
19reimburse the city, village, or town for the cost of supplying water is appealed and
20is not upheld, the court shall order the cost incurred by the operator in providing
21water or in reimbursing the city, village, or town pending the final decision to be
22reimbursed from the investment and local impact fund under s. 15.435.
AB1,169,25 23295.62 Mining waste site construction and completion reports. (1) An
24operator shall construct a mining waste site substantially in accordance with the
25approved mining waste site feasibility study and plan of operation.
AB1,170,10
1(2) The operator shall inspect the mining waste site before it is used and ensure
2that all associated structures are in substantial compliance with the mining waste
3site feasibility study and plan of operation. The operator shall have a professional
4engineer, registered as such under ch. 443, document mining waste site construction
5and render an opinion as to whether the mining waste site has been constructed in
6substantial conformance with the mining waste site feasibility study and plan of
7operation. The engineer may use aerial or ground photographs to document the
8inspection, but photographs do not in themselves constitute compliance with this
9subsection. The operator shall maintain a complete file describing the items
10inspected and their condition.
AB1,170,13 11(3) An operator shall notify the department in writing when the mining waste
12site has been constructed in substantial compliance with the mining waste site
13feasibility study and plan of operation.
AB1,171,2 14(4) (a) Within 5 business days of receipt of written notice from an operator that
15the mining waste site has been constructed in substantial compliance with the
16mining waste site feasibility study and plan of operation, the department shall either
17review and inspect the mining waste site to ensure that it was constructed according
18to the approved mining waste site feasibility study and plan of operation or notify the
19operator that the department will not conduct a review and inspection before
20disposal of mining waste in the mining waste site. Within 3 business days of any
21review and inspection, the department shall notify the operator that the mining
22waste site may be used for the disposal of mining waste or identify all steps that must
23be completed to bring the mining waste site into substantial compliance with the
24mining waste site feasibility study and plan of operation. After the operator

1completes the steps, the operator shall notify the department that the steps have
2been completed.
AB1,171,43 (b) An operator may dispose of mining waste in a mining waste site after one
4of the following occurs:
AB1,171,75 1. The operator receives notice from the department under par. (a) that the
6department will not conduct a review and inspection before disposal of mining waste
7in the mining waste site.
AB1,171,98 2. The operator receives notice from the department under par. (a) that the
9mining waste site may be used for the disposal of mining waste.
AB1,171,1110 3. The operator provides notice to the department under par. (a) that any steps
11required by the department to be completed under par. (a) have been completed.
AB1,171,21 12295.63 Modifications; reporting. (1) (a) An operator at any time may
13request a change to a mining permit, the mining plan, the reclamation plan, or the
14mining waste site feasibility study and plan of operation for any mining site that the
15operator owns or leases, or request cancellation of the mining permit for any or all
16of the unmined part of a mining site. The operator shall submit an application for
17the change or cancellation in the form of a letter giving notice to the department of
18the proposed change or cancellation and shall identify in the letter the tract of land
19to be affected by a change in the mining plan, reclamation plan, or mining waste site
20feasibility study and plan of operation or to be removed from the permitted mining
21site.
AB1,172,222 (b) The department shall grant a request under par. (a) unless it determines
23that the requested change makes it impossible for the permit holder to substantially
24comply with the approved mining plan, reclamation plan, or mining waste site
25feasibility study and plan of operation. If the department determines that the

1requested change would make substantial compliance impossible, it shall follow the
2procedure in sub. (3).
AB1,172,113 (c) If the request under par. (a) is to cancel any or all of the unmined part of a
4mining site, the department shall ascertain, by inspection, if mining has occurred on
5the land. If the department finds that no mining has occurred, the department shall
6order release of the bond or other security posted for the land being removed from
7the permitted mining site and cancel or amend the operator's written authorization
8to conduct mining on the mining site. The department may not approve the removal
9of land where mining has occurred from a permitted mining site, or release that land
10from the bond or other security under this subsection, unless the operator has
11completed reclamation to the satisfaction of the department.
AB1,172,20 12(2) The operator shall furnish the department with a report for each mining
13site within 30 days after the end of every 12-month period after issuance of the
14mining permit, within 30 days after completion of all mining at the mining site, and
15within 30 days after completion of the mining plan and of the reclamation plan,
16describing any reclamation work accomplished, or experimental reclamation work
17performed, during the preceding year. The operator shall include in the reports an
18annual plan map, color-coded and with a legend, showing all of the following, as of
19December 31 of the previous year, or as near to December 31 of the previous year as
20mining operations permit:
AB1,172,2121 (a) Location and boundary of the mining area.
AB1,172,2222 (b) Any mine mill.
AB1,172,2323 (c) Any open pit.
AB1,172,2424 (d) Stockpiles of overburden.
AB1,172,2525 (e) Stockpiles of waste rock.
AB1,173,1
1(f) Ferrous ore stockpiles.
AB1,173,22 (g) Streams, lakes, and reservoirs.
AB1,173,33 (h) Tailings basins.
AB1,173,44 (i) Roads.
AB1,173,75 (j) Sequential numbers or letters or other method, as approved by the
6department, permanently assigned to portions of the mining site that have been
7abandoned before abandonment of the entire mining operation.
AB1,173,98 (k) Changes in the surface area disturbed by mining during the preceding year,
9indicated by vertical crosshatching or other method approved by the department.
AB1,173,1210 (L) Anticipated changes in the surface area disturbed by mining during the
11current year, indicated by horizontal crosshatching or other method approved by the
12department.
AB1,173,1313 (m) Elevations of stockpiles and tailings basins.
AB1,173,1614 (n) Drainage on and away from the surface area disturbed by mining, showing
15directional flow of water in drainage ways, natural watercourses, and streams,
16intermittent and flowing, including discharge from the mining.
AB1,173,1817 (o) The name of the geologist, engineer, or surveyor responsible for the
18preparation of the map.
AB1,173,1919 (p) The date the map was prepared.
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