AB778: Bill Text

LRB-2527/2

RNK:jld:rs

2013 - 2014 LEGISLATURE

2013 Assembly BILL 778

February 18, 2014 - Introduced by Representatives Wachs, Smith, Clark, Barnes, Berceau, Bernard Schaber, Bewley, Billings, Danou, Doyle, Genrich, Goyke, Hesselbein, Hintz, Hulsey, Jorgensen, Kahl, Kessler, Kolste, Mason, Milroy, Ohnstad, Pasch, Pope, Richards, Ringhand, Shankland, C. Taylor, Wright, Young and Zamarripa, cosponsored by Senators Miller, Vinehout, Carpenter, Lassa and Risser. Referred to Committee on Jobs, Economy and Mining.

AB778,1,4 An Act to amend 293.13 (2) (d) 4. and 295.58 (2) (b) 2.; and to create 295.33 (4m) of the statutes; relating to: prohibiting certain mining and drilling activities that cause the destruction or filling in of a lake bed, reservoir, or flowage or that cause the withdrawal of water from a reservoir or flowage.

Analysis by the Legislative Reference Bureau

Current law prohibits a person engaged in nonferrous metallic mining from destroying or filling in a lake bed. Current law also prohibits a person engaged in ferrous metallic mining from destroying or filling in a lake bed except as authorized by the Department of Natural Resources under the authority of certain other specified statutes. This bill eliminates this exception. The bill expands the prohibitions in current law so that a person engaged in nonferrous metallic mining or ferrous metallic mining is also prohibited from destroying or filling in a reservoir or flowage or from withdrawing water from a reservoir or flowage.

This bill also prohibits a person from conducting drilling operations for the exploration for or production of oil or gas if the drilling requires the withdrawal of water from a reservoir or flowage.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB778,1 Section 1. 293.13 (2) (d) 4. of the statutes is amended to read:

AB778,2,6 293.13 (2) (d) 4. Irreparable environmental damage to lake or stream bodies or to reservoirs or flowages despite adherence to the requirements of this chapter. This subdivision does not apply to an activity which the department has authorized pursuant to statute, except that the destruction or filling in of a lake bed, reservoir, or flowage or the withdrawal of water from a reservoir or flowage shall not be authorized notwithstanding any other provision of law.

AB778,2 Section 2. 295.33 (4m) of the statutes is created to read:

AB778,2,10 295.33 (4m) No person may conduct drilling operations for the exploration for or production of oil or gas if the drilling requires the withdrawal of water from a reservoir or flowage.

AB778,3 Section 3. 295.58 (2) (b) 2. of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

AB778,2,18 295.58 (2) (b) 2. Irreparable substantial environmental damage to lake or stream bodies despite adherence to the requirements of this subchapter. This subdivision does not apply to an activity that the department has authorized under statute, except that the destruction or filling in of a lake bed, reservoir, or flowage or the withdrawal of water from a reservoir or flowage may not be authorized unless it is authorized under notwithstanding s. 295.60, 295.605, or 295.61.

AB778,2,19 (End)