LRB-0923/1
ZDW:cdc
2021 - 2022 LEGISLATURE
February 10, 2021 - Introduced by Representatives Brooks, Murphy, Callahan,
Dittrich, Edming, Knodl, Krug, Magnafici, Moses, Plumer, Rozar,
Sanfelippo, Tauchen, Wichgers and Zimmerman, cosponsored by Senators
Stafsholt, Testin, Bewley, Cowles, Felzkowski, Marklein, Nass, Stroebel
and Wanggaard. Referred to Committee on Environment.
AB37,1,4 1An Act to renumber 709.03 (form) F18. and F19. and 709.033 (form) E17. to
2E21.; and to create 30.132, 709.03 (form) F18. and F19. and 709.033 (form)
3E17. and E18. of the statutes; relating to: the presumption of riparian rights
4on navigable waterways and required real estate disclosures.
Analysis by the Legislative Reference Bureau
Under current law, a person who owns land that abuts a navigable waterway
(commonly known as a riparian owner) is afforded certain rights. In general, these
rights include reasonable use of the waterway and the right to place structures such
as piers in the waterway. These rights may be limited by statute and may be subject
to the riparian owner acquiring necessary permits. Courts have also held that these
rights may be subservient to private property rights, where one person owns land
adjacent to a navigable waterway, the bed of which is owned by another person.
This bill creates a presumption that an owner of land that abuts a navigable
waterway is a riparian owner and is entitled to exercise all rights afforded to a
riparian owner, even if the bed of the waterway is owned in whole or in part by
another. The bill provides that the exercise of riparian rights remains subject to
current law requirements and riparian rights may not be exercised if prohibited by
the deed to the land or another written agreement or recorded instrument.
The bill provides for reasonable restrictions on the exercise of riparian rights
necessary for the operator of a hydroelectric project to comply with requirements
imposed under state or federal law or a federal energy regulatory commission
license. If the bed of a navigable waterway is owned by the operator of a hydroelectric

project, the bill authorizes a riparian owner to apply to the applicable hydroelectric
operator for permission to exercise a riparian right within the hydroelectric project
boundaries. A hydroelectric operator may approve or deny such a request, but may
deny a request only if necessary to comply with requirements imposed under state
or federal law or a FERC license.
Finally, the bill requires the real estate condition and vacant land disclosure
reports to include specific disclosures relating to riparian rights and ownership of a
waterbody bed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB37,1 1Section 1. 30.132 of the statutes is created to read:
AB37,2,2 230.132 Riparian rights. (1) Definitions. In this section:
AB37,2,33 (a) “Commission” means the public service commission.
AB37,2,44 (b) “Hydroelectric operator” means an operator of a project.
AB37,2,65 (c) “Project” means a hydroelectric project regulated by the federal energy
6regulatory commission or the department.
AB37,2,87 (d) “Project riparian” means an owner of land that abuts a navigable waterway,
8the abutting bed of which is owned by a hydroelectric operator.
AB37,3,2 9(2) Presumption of riparian rights. An owner of land that abuts a navigable
10waterway is presumed to be a riparian owner and is entitled to exercise all rights
11afforded to a riparian owner, including the right to place a pier, other structures, or
12deposits, even if the bed of the waterway is owned in whole or in part by another,
13unless those rights are specifically prohibited by the deed to the land, written
14agreement, or other recorded instrument. The exercise of these riparian rights is
15subject to the requirements of this chapter and, if the waterway is within the
16boundaries of a project, the reasonable restrictions imposed by the hydroelectric
17operator necessary for the hydroelectric operator to comply with requirements

1imposed under state or federal law or a federal energy regulatory commission
2license.
AB37,3,18 3(3) Project riparian rights. (a) Application to exercise riparian rights. A
4project riparian may make written application to the applicable hydroelectric
5operator for permission to exercise a riparian right in a waterway within the
6boundaries of a project, including the right to place a pier or other structures or
7deposits and the right to modify an existing structure authorized under par. (b),
8subject to the requirements of this chapter. The hydroelectric operator shall approve
9or deny an application under this paragraph no later than 60 days after receiving the
10application. The hydroelectric operator may deny an application under this
11paragraph only if necessary for the hydroelectric operator to comply with
12requirements imposed under state or federal law or a federal energy regulatory
13commission license but may approve the application subject to reasonable
14restrictions necessary for the hydroelectric operator to comply with requirements
15imposed under state or federal law or a federal energy regulatory commission
16license. The hydroelectric operator may charge an applicant a reasonable fee to cover
17the hydroelectric operator's administrative costs related to a structure or deposit
18that is approved under this paragraph.
AB37,4,319 (b) Existing structures. Notwithstanding par. (a), a project riparian may
20maintain a structure that was placed in a waterway within the boundaries of a
21project prior to the effective date of this paragraph .... [LRB inserts date], subject to
22the requirements of this chapter and the reasonable restrictions imposed by the
23hydroelectric operator necessary for the hydroelectric operator to comply with
24requirements imposed under state or federal law or a federal energy regulatory
25commission license. A hydroelectric operator may not charge a fee related to a

1structure authorized under this paragraph unless a fee is provided for in an
2agreement between the hydroelectric operator and the project riparian that existed
3prior to the effective date of this paragraph .... [LRB inserts date].
AB37,4,94 (c) Appeal to the commission. A project riparian whose application is denied
5or approved with restrictions or who is charged an unreasonable fee under this
6subsection may appeal in writing to the commission. The commission may
7investigate the appeal and issue an order based on its investigation. The commission
8may not issue an order under this paragraph without a public hearing conducted in
9accordance with s. 196.26 (2).
AB37,4,1210 (d) Immunity from liability. A hydroelectric operator is not liable to any person
11for any injury or damage arising from a project riparian's use of the hydroelectric
12operator's property as provided in this section.
AB37,4,1513 (4) Effect on enforceable interests. Nothing in this section invalidates any
14interest, whether designated as an easement, covenant, equitable servitude,
15restriction, or otherwise, which is otherwise enforceable under the laws of this state.
AB37,2 16Section 2 . 709.03 (form) F18. and F19. of the statutes are renumbered 709.03
17(form) F20. and F21.
AB37,3 18Section 3 . 709.03 (form) F18. and F19. of the statutes are created to read:
AB37,4 16Section 4 . 709.033 (form) E17. to E21. of the statutes are renumbered 709.033
17(form) E19. to E23.
AB37,5 18Section 5 . 709.033 (form) E17. and E18. of the statutes are created to read:
AB37,6
1Section 6 . Nonstatutory provisions.
AB37,6,62 (1) Real estate condition and vacant land disclosure reports.
3Notwithstanding s. 709.035, a property owner who furnished to a prospective buyer
4of the property an original or amended report before the effective date of this
5subsection need only submit an amended report with respect to the information
6required under s. 709.03 (form), 2019 stats., or under s. 709.033 (form), 2019 stats.
AB37,7 7Section 7 . Initial applicability.
AB37,6,118 (1) Real estate condition and vacant land disclosure reports. The creation
9of ss. 709.03 (form) F18. and F19. and 709.033 (form) E17. and E18. and the
10renumbering of ss. 709.03 (form) F18. and F19. and 709.033 E17. to E21. first apply
11to reports that are furnished on the effective date of this subsection.
AB37,8 12Section 8 . Effective dates. This act takes effect on the day after publication,
13except as follows:
AB37,6,1714 (1) Real estate disclosure forms. The creation of ss. 709.03 (form) F18. and
15F19. and 709.033 (form) E17. and E18. and the renumbering of ss. 709.03 (form) F18.
16and F19. and 709.033 E17. to E21. and Sections 6 (1 ) and 7 (1) of this act take effect
17on July 1, 2022.
AB37,6,1818 (End)
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