AB477: Bill Text

AB477,12,23 b. Restrict the depth of the high capacity well.

AB477,12,24 c. Restrict the pumping capacity of the high capacity well.

AB477,12,25 d. Restrict the rate of flow of the high capacity well.

AB477,13,3 e. Restrict the ultimate use of the high capacity well, except that the department may not require the high capacity well to be used for a purpose not proposed by the applicant in the approval application.

AB477,13,5 f. Impose conditions that the department is authorized to impose to meet the requirements of subd. 1. b.

AB477,13,7 g. Impose conditions consistent with department standards that apply to the construction of high capacity wells.

AB477,13,10 3m. Notwithstanding the limitations in subd. 1., the department may require monitoring as a condition in an approval for a new high capacity well if all of the following apply:

AB477,13,13 a. The department cannot ensure, without requiring monitoring, that the amount or rate of the groundwater withdrawal will not exceed the allowable amount or rate under this section or that the quality of the groundwater will not be impaired.

AB477,13,15 b. The monitoring conditions are imposed only for the purpose of assessing the water levels of navigable waters in the area or groundwater quality.

AB477,13,17 c. If a monitoring condition requires groundwater testing, the department requires testing of only groundwater withdrawn by the new high capacity well.

AB477,13,21 4. If the department issues an approval for a new high capacity well located in a sensitive resource area, the department may impose conditions in the approval, in addition to those specified under subds. 3. and 3m., only if they are consistent with the department's authority granted by statute.

AB477,15 Section 15. 281.34 (7) of the statutes is renumbered 281.34 (7) (a) and amended to read:

AB477,14,3 281.34 (7) (a) The department may not rescind an approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., remains in effect unless the department modifies or rescinds the approval because the high capacity well or the use of the high capacity well is not in conformance with standards or conditions applicable to contained in the approval of the high capacity well.

AB477,16 Section 16. 281.34 (7) (b) of the statutes is created to read:

AB477,14,11 281.34 (7) (b) 1. Except as provided in subd. 2., the department may impose new or modified conditions applicable to the approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., only if a hearing examiner determines that the imposition of new or modified conditions is necessary in order to abate an infringement of public rights in navigable waters and issues an order under s. 30.03 (4) requiring the owner of the high capacity well to comply with the new or modified conditions.

AB477,14,16 2. In addition to the department's authority under subd. 1., the department may impose new or modified conditions applicable to the approval of a high capacity well issued under this section or under s. 281.17 (1), 2001 stats., if the well is located in a sensitive resource area and the department is authorized to impose the new or modified conditions by statute.

AB477,14,20 3. Nothing in this paragraph prohibits the department from imposing a new condition, or modifying an existing condition, in an existing high capacity well approval if the high capacity well owner agrees to the imposition of the new or modified condition.

AB477,17 Section 17. 281.34 (7d) of the statutes is created to read:

AB477,14,24 281.34 (7d) Rules; approval applications. The department shall promulgate rules establishing the procedures for reviewing and acting on applications for approvals under this section.

AB477,18 Section 18. 281.34 (7g) of the statutes is created to read:

AB477,15,3 281.34 (7g) Rules. The department shall promulgate rules establishing a method for determining the minimum rate of flow of a stream and the minimum water level of a lake necessary to prevent all of the following:

AB477,15,5 (a) Endangerment of fish and aquatic life that are naturally sustainable absent any groundwater withdrawals affecting the stream or lake.

AB477,15,7 (b) Impairment of navigation of the type typically conducted on the stream or lake.

AB477,15,9 (c) Deterioration of the water quality of the stream or lake below public health and safety standards.

AB477,15,11 (d) Infringement upon a riparian owner's reasonable expectation of access to a lake.

AB477,15,13 (e) Impairment of any existing surface water diversions from the stream or lake.

AB477,19 Section 19. 281.34 (7m) of the statutes is created to read:

AB477,15,15 281.34 (7m) Sensitive resource areas. (a) In this subsection:

AB477,15,18 1. "Minimum level" means the rate of flow of a stream or the water level of a lake that is the minimum determined by the department using the method established under sub. (7g).

AB477,15,21 2. "Specified Waushara County lake areas" means Pleasant Lake in Waushara County, Plainfield Lake in Waushara County, Long Lake in Waushara County, and Huron Lake in Waushara County and the areas surrounding those lakes.

AB477,16,7 (ag) If the department has information or data from a professional geologist, professional hydrologist, or professional hydrogeologist showing that cumulative groundwater withdrawals from high capacity wells and other wells in an area of this state are collectively causing or may be likely to collectively cause a reduction of a stream's or lake's rate of flow or water level below its minimum level, the department shall request approval from the joint committee on finance to evaluate and model the hydrology of that area. The department may proceed with the requested action if within 14 working days of the request the committee does not schedule a meeting for the purpose of reviewing the department's request. If the committee schedules a meeting for the purpose of reviewing the department's request, the department may not take the requested action unless the committee approves the request.

AB477,16,11 (ar) The department shall evaluate and model the hydrology of all of the specified Waushara County Lake areas. The department shall conduct the activities required under this paragraph without requesting or obtaining approval from the joint committee on finance.

AB477,16,19 (b) If upon conclusion of the evaluation and modeling of an area under par. (ag) or (ar), the department determines that special measures relating to groundwater withdrawal are necessary in that area to prevent or remedy a reduction of a stream's or lake's rate of flow or water level below its minimum level, the department shall issue a decision on whether it recommends designation of the area as a sensitive resource area. If the department issues a decision recommending designation of the area as a sensitive resource area, the decision shall contain all of the following information:

AB477,16,22 1. A description of the extent to which the department has determined that cumulative groundwater withdrawals in the area cause, or are expected to cause, a reduction of a stream's or lake's rate of flow or water level below its minimum level.

AB477,17,2 1m. A description of the concrete scientific information that the department used to establish that there is a hydrologic connection between the groundwater in the area and the navigable waters in the area and the degree to which the department verified the connection by the use of field work or field study.

AB477,17,9 2. A description of the geographical boundaries of the area that the department recommends for designation as a sensitive resource area. The department shall identify in the description the specific navigable water or part of the navigable water that is or may be affected by the cumulative groundwater withdrawals and shall identify the location of the groundwater withdrawals that the department has determined are causing or may cause a reduction of a stream's or lake's rate of flow or water level below its minimum level.

AB477,17,16 3. Any proposed measures relating to groundwater withdrawal that the department recommends be taken in the area recommended for designation as a sensitive resource area to prevent or remedy a reduction of a stream's or lake's rate of flow or water level below its minimum level. If the department recommends special regulations for the area, the regulations may include the use of conservation measures, the imposition of limits on groundwater withdrawals, the use of a groundwater withdrawal credit system, or other means of regulation.

AB477,17,18 4. The length of time that the department will reasonably require to review an application for approval of a new high capacity well in the area.

AB477,17,20 (c) The department shall hold a public informational hearing to solicit comments on the department's decision.

AB477,17,23 (d) 1. Notwithstanding s. 227.42 (1), any person is entitled to request that the hearing under par. (c) be treated as a contested case under ch. 227 if the person makes the request within 30 days after the department issues its decision under par. (b).

AB477,18,3 2. Any person may participate as a party if the person files a written notice with the hearing examiner setting forth his or her interest within 30 days after the date on which the request under subd. 1. is granted.

AB477,18,7 (e) A person seeking judicial review of a final decision in a contested case under par. (d) shall comply with the requirements for service and filing in s. 227.53 (1) (a) and shall commence the action no more than 30 days after a decision in the contested case is rendered.

AB477,18,14 (f) After the exhaustion of the period established for all administrative reviews and judicial reviews of a final decision in a contested case under par. (d), the department shall prepare a report on whether the area described in its decision under par. (b) should be designated as a sensitive resource area. The department shall submit the report to the chief clerk of each house of the legislature, for distribution under s. 13.172 (3) to the appropriate legislative standing committees generally responsible for legislation related to environmental issues.

AB477,18,22 (g) If the department recommends in its report submitted under par. (f) that the area described under par. (b) be designated as a sensitive resource area, the department shall prepare an additional report specifying any measures that the department recommends be conducted in that area to prevent or remedy a reduction of a stream's or lake's rate of flow or water level below its minimum level. The department shall submit the report to the chief clerk of each house of the legislature, for distribution under s. 13.172 (3) to the appropriate legislative standing committees generally responsible for legislation related to environmental issues.

AB477,18,23 (h) An area may be designated as a sensitive resource area only by statute.

AB477,20 Section 20. Nonstatutory provisions.

AB477,19,15 (1) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate the rules required under section 281.34 (7d) and (7g) of the statutes, as created by this act, as emergency rules. The emergency rules shall remain in effect for the period before the effective date of the permanent rules promulgated under section 281.34 (7d) and (7g) of the statutes, as created by this act but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (2) of the statutes, the department may seek any number of extensions of the effective period of emergency rules under section 227.24 (2) of the statutes except that no extension shall be allowed after July 1, 2018. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB477,19,16 (2) Modification of previously issued approvals.

AB477,19,17 (a) In this subsection:

AB477,19,18 1. "Department" means the department of natural resources.

AB477,19,19 2. "Owner" has the meaning given in section 281.34 (1) (d) of the statutes.

AB477,20,2 (b) If the department issued an approval to an owner of a high capacity well under section 281.34 (2) of the statutes on or after July 6, 2011, and before the effective date of this paragraph, the department shall, upon the owner's request, review the conditions in the approval. If the conditions in the approval are not consistent with the department's authority under section 281.34 of the statutes, as affected by this act, the department shall remove or revise the conditions in the approval consistent with that authority.

AB477,21 Section 21. Initial applicability.

AB477,20,6 (1) This act first applies to applications for a high capacity well approval received by the department of natural resources but not acted upon on the effective date of this subsection.

AB477,20,7 (End)