Rescinding designation
After the target date established by DNR for a groundwater management area,
the bill requires the council subcommittee to consider whether the area still qualifies
as a groundwater management area. If the council subcommittee concludes that the
area no longer qualifies as a groundwater management area, it must forward that
conclusion to the GCC. If the GCC agrees that the area no longer qualifies as a
groundwater management area, the GCC may recommend that DNR rescind the
designation. If the GCC makes that recommendation, DNR may rescind the
designation by repealing the rule designating the area as a groundwater
management area.
High capacity wells
Environmental review of proposed high capacity wells
Under current law, a person may not construct a high capacity well without an
approval from DNR. A high capacity well is a well that, together with all other wells
on the same property, has the capacity to withdraw more than 100,000 gallons of
water per day.
This bill requires an applicant for approval of a high capacity well to publish
a notice of the application in a newspaper, identifying the owner and the location of
the well.
Current law requires DNR to conduct an environmental review of applications
for approval of a high capacity well that is located in an area within 1,200 feet of a
trout stream or exceptional resource waters (a groundwater protection area); a high
capacity well with a high water loss, in which less than 5 percent of the water
withdrawn is returned after use to the basin from which it is withdrawn; and a high
capacity well that may have a significant adverse impact on a qualifying spring.
This bill eliminates the environmental review requirement relating to springs,
and instead requires DNR to conduct an environmental review of an application for
approval of a high capacity well that may have a significant adverse impact on waters
of the state.
Under current law, if DNR determines, while conducting an environmental
review of a proposed well that meets one of the criteria listed above, that an
environmental impact report must be conducted for the proposed well, DNR must
generally include conditions in the well approval to ensure that it does not cause
significant adverse environmental impact. If it is not possible to ensure that, DNR
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. Examples of such

conditions include conditions relating to the location, depth, pumping capacity, rate
of flow, and ultimate use of the well.
This bill includes monitoring as one of the examples of potential conditions that
may be included in such an approval. This bill also provides that, in any high
capacity well approval, DNR may require the well owner to implement a monitoring
program to evaluate the impacts of the well, and may modify the approval based on
the results of that monitoring program.
Current law provides that a high capacity well approval, or application for
approval, cannot be challenged based on DNR's lack of consideration of the
cumulative impacts of the proposed well and existing wells. This bill requires DNR,
when considering whether a high capacity well may have a significant adverse
environmental impact on waters of the state, to consider the cumulative impacts of
that high capacity well together with existing withdrawals.
Under current law, a high capacity well approval generally remains in effect
indefinitely, unless modified or rescinded by DNR. This bill provides that an
approval issued after the effective date of the bill may not remain in effect for more
than ten years. An approval issued prior to the effective date of the bill remains in
effect for a longer period, depending on how long before the effective date of the bill
it was issued.
High capacity wells in groundwater management areas
Under this bill, after DNR develops a groundwater management plan for a
groundwater management area, 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.
This bill also requires DNR, after it develops a groundwater management plan,
to review approvals for high capacity wells in the groundwater management area
that were issued before the plan went into effect. The bill authorizes DNR to modify
such approvals to ensure that they are consistent with the groundwater
management plan.
Fees for certain withdrawals
Current law imposes an annual fee of $125 on a person whose water supply
system has the capacity to withdraw an average of 100,000 gallons per day in any
30-day period from the waters of the state. This bill increases that annual fee to
$250.
DNR has also established, by rule, water use fees for users who withdraw more
than 50,000,000 gallons per year from the Great Lakes basin. This bill directs DNR
to establish such fees for users who withdraw more than 50,000,000 gallons per year
from the waters of the state.
Other provisions
This bill also requires DNR to include water conservation requirements in the
approvals, required under current law, for certain surface water withdrawals, if the
withdrawal is in a groundwater management area, and requires those conservation

requirements to be consistent with the groundwater management plan for the
groundwater management area.
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:
SB72,1 1Section 1. 20.370 (6) (eg) of the statutes is amended to read:
SB72,5,52 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys
3received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation
4under s. 281.34 (8) (d) and (9) (d) and funding to local governmental units under s.
5281.34 (9) (b)
.
SB72,2 6Section 2. 160.50 (2) of the statutes is renumbered 160.50 (2) (a).
SB72,3 7Section 3. 160.50 (2) (b) of the statutes is created to read:
SB72,5,118 160.50 (2) (b) The groundwater coordinating council shall create a
9subcommittee on groundwater area review. The subcommittee shall be composed of
10individuals with technical expertise in the area of groundwater science and
11management.
SB72,4 12Section 4. 281.34 (1) (er) of the statutes is created to read:
SB72,5,1813 281.34 (1) (er) "Significant adverse environmental impact" means alteration
14of groundwater levels, groundwater discharge, surface water levels, surface water
15discharge, groundwater temperature, surface water temperature, groundwater
16chemistry, surface water chemistry, or other factors to the extent that those
17alterations cause significant degradation of environmental quality, including
18biological and ecological aspects of the affected water resource.
SB72,5 19Section 5. 281.34 (1) (f) of the statutes is repealed.
SB72,6
1Section 6. 281.34 (2s) of the statutes is created to read:
SB72,6,52 281.34 (2s) Public notice. The department shall require an applicant for
3approval of a high capacity well to provide notice of the application to interested
4members of the public by publication as a class 1 notice under ch. 985. In the notice,
5the applicant shall identify the owner and location of the high capacity well.
SB72,7 6Section 7. 281.34 (4) (a) 3. of the statutes is amended to read:
SB72,6,87 281.34 (4) (a) 3. A high capacity well that may have a significant adverse
8environmental impact on a spring waters of the state.
SB72,8 9Section 8. 281.34 (5) (a) of the statutes is amended to read:
SB72,6,1810 281.34 (5) (a) Public water supply. If the department determines that a
11proposed high capacity well may impair the water supply of a public utility engaged
12in furnishing water to or for the public, the department may not approve the high
13capacity well unless it is able to include and includes conditions in the approval
14conditions to ensure that the water supply of the public utility will not be impaired,
15which may include conditions as to location, depth, pumping capacity, rate of flow,
16monitoring, and ultimate use, that will ensure that the water supply of the public
17utility will not be impaired
and any other condition the department determines is
18necessary
.
SB72,9 19Section 9. 281.34 (5) (b) 1. and 2. of the statutes are amended to read:
SB72,7,420 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines,
21under the environmental review process in sub. (4), that an environmental impact
22report under s. 23.11 (5) must be prepared for a proposed high capacity well located
23in a groundwater protection area, the department may not approve the high capacity
24well unless it is able to include and includes conditions in the approval conditions to
25ensure that the high capacity well does not cause significant adverse environmental

1impact
, which may include conditions as to location, depth, pumping capacity, rate
2of flow, monitoring, and ultimate use, that ensure that the high capacity well does
3not cause significant environmental impact
and any other condition the department
4determines is necessary
.
SB72,7,145 2. Subdivision 1. does not apply to a proposed high capacity well that is located
6in a groundwater protection area and that is a water supply for a public utility
7engaged in supplying water to or for the public, if the department determines that
8there is no other reasonable alternative location for a well and is able to include and
9includes conditions in the approval conditions to ensure that the environmental
10impact of the well is balanced by the public benefit of the well related to public health
11and safety
, which may include conditions as to location, depth, pumping capacity,
12rate of flow, monitoring, and ultimate use, that ensure that the environmental
13impact of the well is balanced by the public benefit of the well related to public health
14and safety
and any other condition the department determines is necessary.
SB72,10 15Section 10. 281.34 (5) (c) of the statutes is amended to read:
SB72,7,2516 281.34 (5) (c) High water loss. If the department determines, under the
17environmental review process in sub. (4), that an environmental impact report under
18s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of
19more than 95 percent of the amount of water withdrawn, the department may not
20approve the high capacity well unless it is able to include and includes conditions in
21the approval conditions to ensure that the high capacity well does not cause
22significant adverse environmental impact
, which may include conditions as to
23location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that
24ensure that the high capacity well does not cause significant environmental impact

25and any other condition the department determines is necessary.
SB72,11
1Section 11. 281.34 (5) (d) of the statutes is amended to read:
SB72,8,122 281.34 (5) (d) Impact on a spring waters of the state. 1. Except as provided in
3subd. 2., if the department determines, under the environmental review process in
4sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for
5a proposed high capacity well that may have a significant adverse environmental
6impact on a spring waters of the state, the department may not approve the high
7capacity well unless it is able to include and includes conditions in the approval
8conditions to ensure that the high capacity well does not cause significant adverse
9environmental impact
, which may include conditions as to location, depth, pumping
10capacity, rate of flow, monitoring, and ultimate use, that ensure that the high
11capacity well does not cause significant environmental impact
and any other
12condition the department determines is necessary
.
SB72,8,2313 2. Subdivision 1. does not apply to a proposed high capacity well that may have
14a significant adverse environmental impact on a spring waters of the state and that
15is a water supply for a public utility engaged in supplying water to or for the public,
16if the department determines that there is no other reasonable alternative location
17for a well and is able to include and includes conditions in the approval conditions
18to ensure that the environmental impact of the well is balanced by the public benefit
19of the well related to public health and safety
, which may include conditions as to
20location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that
21ensure that the environmental impact of the well is balanced by the public benefit
22of the well related to public health and safety
and any other condition the department
23determines is necessary
.
SB72,12 24Section 12. 281.34 (5) (ds) of the statutes is created to read:
SB72,9,4
1281.34 (5) (ds) Groundwater management plan. If a high capacity well is in a
2groundwater management area designated under s. 281.341 (2) with a groundwater
3management plan under s. 281.341 (3) in effect, the department may not approve the
4high capacity well unless it is consistent with that plan.
SB72,13 5Section 13. 281.34 (5) (e) 3. of the statutes is created to read:
SB72,9,106 281.34 (5) (e) 3. The department may include in the approval for a high capacity
7well conditions requiring the owner to implement a monitoring program to evaluate
8environmental impacts caused by operation of the high capacity well, and to submit
9the results of the monitoring program to the department. The department may
10modify the approval based on the results of the monitoring program.
SB72,14 11Section 14. 281.34 (5m) of the statutes is renumbered 281.34 (5m) (a) and
12amended to read:
SB72,9,1813 281.34 (5m) (a) No person may challenge an approval, or an application for
14approval, of a
When determining whether a high capacity well based on the lack of
15consideration of
or proposed high capacity well may have a significant adverse
16environmental impact on the waters of the state, the department shall consider
the
17cumulative environmental impacts of that high capacity well together with existing
18wells withdrawals.
SB72,15 19Section 15. 281.34 (7) (title) of the statutes is amended to read:
SB72,9,2120 281.34 (7) (title) Modifying and rescinding Duration, modification, and
21rescission of
approvals for high capacity wells.
SB72,16 22Section 16. 281.34 (7) of the statutes is renumbered 281.34 (7) (b) (intro.) and
23amended to read:
SB72,9,2524 281.34 (7) (b) (intro.) The An approval of a high capacity well issued under this
25section or under s. 281.17 (1), 2001 stats. prior to the effective date of this paragraph

1.... [LRB inserts date]
, remains in effect for the following periods unless the
2department modifies or rescinds the approval under par. (c) 3. or sub. (5) (e) 3., or
3because the high capacity well or the use of the high capacity well is not in
4conformance with standards or conditions applicable to the approval of the high
5capacity well.:
SB72,17 6Section 17. 281.34 (7) (a) of the statutes is created to read:
SB72,10,127 281.34 (7) (a) An approval of a high capacity well issued under this section on
8or after the effective date of this paragraph .... [LRB inserts date], may not remain
9in effect for more than 10 years and may be modified or rescinded under par. (c) 3.
10or sub. (5) (e) 3., or because the high capacity well or the use of the high capacity well
11is not in conformance with standards or conditions applicable to the approval of the
12high capacity well.
SB72,18 13Section 18. 281.34 (7) (b) 1. to 5. of the statutes are created to read:
SB72,10,1514 281.34 (7) (b) 1. For an approval of a high capacity well issued before January
151, 1980, 8 years from the effective date of this subdivision .... [LRB inserts date].
SB72,10,1816 2. For an approval of a high capacity well issued on or after January 1, 1980,
17and before January 1, 1990, 10 years from the effective date of this subdivision ....
18[LRB inserts date].
SB72,10,2119 3. For an approval of a high capacity well issued on or after January 1, 1990,
20and before January 1, 2000, 12 years from the effective date of this subdivision ....
21[LRB inserts date].
SB72,10,2422 4. For an approval of a high capacity well issued on or after January 1, 2000,
23and before January 1, 2010, 14 years from the effective date of this subdivision ....
24[LRB inserts date].
SB72,11,3
15. For an approval of a high capacity well issued on or after January 1, 2010,
2and before the effective date of this subdivision .... [LRB inserts date], 16 years from
3the effective date of this subdivision .... [LRB inserts date].
SB72,19 4Section 19. 281.34 (7) (c) of the statutes is created to read:
SB72,11,95 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3)
6takes effect for a groundwater management area designated under s. 281.341 (2), the
7department shall review, for consistency with the ground water management plan,
8approvals for high capacity wells in the groundwater management area that were
9issued under this section or under s. 281.17 (1), 2001 stats. before the plan took effect.
SB72,11,1410 2. After conducting the review under subd. 1. for a groundwater management
11area designated under s. 281.341 (2), the department may periodically review, for
12consistency with the ground water management plan, the approvals under this
13section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater
14management area.
SB72,11,1915 3. The department may modify the approval under this section or under s.
16281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as
17necessary to ensure that the high capacity well is consistent with the groundwater
18management plan for the groundwater management area in which the high capacity
19well is located.
SB72,20 20Section 20. 281.34 (9) of the statutes is repealed.
SB72,21 21Section 21. 281.341 of the statutes is created to read:
SB72,11,23 22281.341 Groundwater management areas. (1) Definitions. In this
23section:
SB72,11,2424 (a) "Aquitard" means a geologic formation having low permeability.
SB72,12,4
1(b) "Baseflow" means the sustained flow of a stream, principally by
2groundwater discharge, in the absence of direct runoff, calculated as the 7-day low
3flow that occurs on an average of once in every 10 years, or as determined by the
4department using other statistical measures.
SB72,12,65 (bm) "Chief executive" means the county executive or, if a county does not have
6a county executive, the chairperson of the county board of supervisors.
SB72,12,87 (c) "Confined aquifer" means a water bearing geologic formation that is
8bounded on its upper surface by an aquitard.
SB72,12,99 (d) "Council" means the groundwater coordinating council.
SB72,12,1110 (e) "Council subcommittee" means the groundwater area review subcommittee
11of the groundwater coordinating council, as created under s. 160.50 (2) (b).
SB72,12,1212 (em) "High capacity well" has the meaning given in s. 281.34 (1) (b).
SB72,12,1313 (f) "Potentiometric surface" has the meaning given in s. 281.34 (1) (e).
SB72,12,1614 (g) "Sustainable hydrologic conditions" means the balance between
15groundwater consumption and groundwater replenishment so that there are no
16significant adverse environmental impacts to surface water or groundwater.
SB72,12,1917 (h) "Target date" means a date by which it is reasonable to expect that the
18groundwater management area will no longer qualify for designation as a
19groundwater management area.
SB72,12,2120 (i) "Unconfined aquifer" means a water bearing geologic formation that is not
21bounded on its upper surface by an aquitard.
SB72,12,25 22(2) Groundwater management area designation. (a) The department may, by
23rule, designate an area as a groundwater management area if the council forwards
24a conclusion to the department under par. (e) that the area qualifies for designation
25as a groundwater management area.
SB72,13,2
1(b) An area with a confined aquifer qualifies for designation as a groundwater
2management area if any of the following applies:
SB72,13,53 1. The groundwater potentiometric surface of the confined aquifer has been
4reduced 150 feet or more from the level at which the potentiometric surface would
5be if no groundwater had been pumped from the area.
SB72,13,86 2. The groundwater potentiometric surface of the confined aquifer has been
7reduced to less than 20 feet above the top of the aquitard bounding the upper surface
8of the confined aquifer.
SB72,13,109 3. The static water level in the majority of the wells that pump water from the
10confined aquifer is below the bottom of the confined aquifer's bounding aquitard.
SB72,13,1211 4. The groundwater potentiometric surface of the confined aquifer is declining
12at a rate exceeding 5 feet per year averaged over a 10-year period.
SB72,13,1313 5. The department has initiated an action under s. 30.03 (4) relating to the area.
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