281.34(8)(a)(a) The department shall promulgate rules identifying class I, class II, and class III trout streams for the purposes of this section. The department shall identify as a class I trout stream a stream or portion of a stream with a self-sustaining population of trout. The department shall identify as a class II trout stream a stream or portion of a stream that contains a population of trout made up of one or more age groups, above the age one year, in sufficient numbers to indicate substantial survival from one year to the next but in which stocking is necessary to fully utilize the available trout habitat or to sustain the fishery. The department shall identify as a class III trout stream a stream or portion of a stream that has marginal trout habitat with no natural reproduction of trout occurring, requiring annual stocking of trout to provide trout fishing, and generally without carryover of trout from one year to the next. In the rules under this paragraph, the department shall identify any class I, class II, or class III trout stream that is a farm drainage ditch with no prior stream history.
281.34(8)(b)
(b) The department shall create accurate images of groundwater protection areas.
281.34(8)(c)
(c) A person who proposes to construct a high capacity well may request the department to determine whether the proposed location of the high capacity well is within a groundwater protection area.
281.34(8)(d)
(d) The department shall administer a program to mitigate the effects of wells constructed before May 7, 2004, that are located in groundwater protection areas. Mitigation may include abandonment of wells and replacement of wells, if necessary, and management strategies. Under the mitigation program, the department may order the owner of a well constructed before May 7, 2004, that is located in a groundwater protection area to undertake mitigation but only if the department provides funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under
ch. 280 to require the well to be abandoned because of issues regarding public health.
281.34(9)(a)(a) The department shall, by rule, designate 2 groundwater management areas including and surrounding Brown County and Waukesha County consisting of the entire area of each city, village, and town at least a portion of which is within the area in which, on May 7, 2004, the groundwater potentiometric surface has been reduced 150 feet or more from the level at which the potentiometric surface would be if no groundwater had been pumped.
281.34(9)(b)
(b) The department shall assist local governmental units and regional planning commissions in groundwater management areas designated under
par. (a) by providing advice, incentives, and funding for research and planning related to groundwater management.
281.34(9)(d)
(d) If the department promulgates rules under
par. (c) and the rules require mitigation in the same or a similar manner as under
sub. (8) (d), the department may not require mitigation for a well under the rules unless the department provides funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under
ch. 280 to require the well to be abandoned because of issues regarding public health.
281.34(10)
(10) Research and monitoring. To aid in the administration of this section the department shall, with the advice of the groundwater coordinating council, conduct monitoring and research related to all of the following:
281.34 History
History: 2003 a. 310.
281.35
281.35
Water resources conservation and management. 281.35(1)(b)
(b) "Authorized base level of water loss" means any of the following:
281.35(1)(b)1.
1. The maximum 30-day average water loss authorized as a condition of an approval.
281.35(1)(b)3.
3. If there is no water loss from an existing withdrawal, zero gallons per day.
281.35(1)(c)
(c) "Consumptive use" means a use of waters of the state, other than an interbasin diversion, that results in a failure to return any or all of the water to the basin from which it is withdrawn. "Consumptive uses" include, but are not limited to, evaporation and incorporation of water into a product or agricultural crop.
281.35(1)(d)
(d) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois Rivieres, Quebec.
281.35(1)(e)
(e) "Great Lakes charter" means the document establishing the principles for the cooperative management of Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985.
281.35(1)(f)
(f) "Great Lakes region" means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin, the commonwealth of Pennsylvania and the provinces of Ontario and Quebec, Canada.
281.35(1)(g)
(g) "Interbasin diversion" means a transfer of the waters of the state from either the Great Lakes basin or the upper Mississippi River basin to any other basin.
281.35(1)(h)
(h) "International joint commission" means the commission established by the boundary water agreement of 1909 between the United States and Canada.
281.35(1)(i)
(i) "Person" has the meaning given in
s. 281.01 (9) and also includes special purpose districts established under
s. 66.0827, other states and provinces and political subdivisions of other states and provinces.
281.35(1)(j)
(j) "Upper Mississippi River basin" means the watershed of the Mississippi River upstream from Cairo, Illinois.
281.35(1)(k)
(k) "Upper Mississippi River region" means the geographic region composed of the states of Illinois, Iowa, Minnesota, Missouri and Wisconsin.
281.35(1)(L)
(L) "Water loss" means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.
281.35(1)(m)
(m) "Withdrawal" means the removal or taking of water from the waters of the state.
281.35(2)
(2) Aggregation of multiple withdrawals. 281.35(2)(a)(a) In calculating the total amount of an existing or proposed withdrawal for purposes of determining the applicability of
sub. (3), a person shall include all separate withdrawals which the person makes or proposes to make for a single use or for related uses.
281.35(2)(b)
(b) In calculating the total amount of an existing or proposed water loss for purposes of determining the applicability of
sub. (4), a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use or for related uses.
281.35(3)(a)1.1. Except as provided in
par. (b), any person who, on January 1, 1986, is making a withdrawal averaging more than 100,000 gallons per day in any 30-day period shall register the withdrawal with the department before July 1, 1987.
281.35(3)(a)2.
2. Except as provided in
par. (b), any person who, on or after January 1, 1986, proposes to begin a withdrawal that will average more than 100,000 gallons per day in any 30-day period shall register the proposed withdrawal with the department.
281.35(3)(am)
(am) A registration under
par. (a) shall contain a statement of and supporting documentation for all of the following:
281.35(3)(am)3.
3. The location and nature of the proposed or existing water use.
281.35(3)(am)4.
4. The actual or estimated average annual and monthly volumes and rates of withdrawal.
281.35(3)(am)5.
5. The actual or estimated average annual and monthly volumes and rates of water loss from the withdrawal.
281.35(3)(b)1.
1. A person making a withdrawal who has been issued an approval and, as a condition of the approval, is reporting the volume and rate of withdrawal and, if applicable, the volume and rate of water loss from the withdrawal to the department or, if the person is a public utility, to the public service commission.
281.35(3)(b)2.
2. A person who is required to comply with
sub. (4) before beginning the proposed withdrawal.
281.35(3)(b)3.
3. A person holding a permit under
s. 283.31 or the federal water pollution control act, as amended,
33 USC 1251 to
1376, for whom the department has established a water loss coefficient, based on flow diagrams and other water use information provided by the permittee, that the department uses to calculate the permittee's water loss.
281.35(3)(c)
(c) Each person who registers a withdrawal under
par. (a) shall report the volume and rate of withdrawal and, if applicable, the volume and rate of water loss from the withdrawal to the department in the form and at the times required by the department.
281.35(4)(a)(a) This subsection applies to all of the following:
281.35(4)(a)1.
1. A person to whom a permit has been issued under
s. 30.18 or who is required to obtain a permit under that section before beginning or increasing a withdrawal.
281.35(4)(a)2m.
2m. A person who is operating a well under an approval issued under
s. 281.34 or who is required to obtain an approval under that section before constructing a well.
281.35(4)(a)3.
3. An owner who is operating a system or plant under plans approved under
s. 281.41 or who is required to submit plans and obtain an approval under that section before construction or extension of a proposed system or plant.
281.35(4)(b)
(b) Before any person specified in
par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under
s. 30.18,
281.34, or
281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:
281.35(4)(b)1.
1. The person proposes to begin a new withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.
281.35(4)(b)2.
2. The person proposes to increase an existing withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.
281.35(5)(a)(a)
Application. An application under
sub. (4) (b) shall contain a statement of and documentation for all of the following:
281.35(5)(a)1.
1. The current operating capacity of the withdrawal system, if the proposed increase requires the expansion of an existing system.
281.35(5)(a)2.
2. The total new or increased operating capacity of the withdrawal system.
281.35(5)(a)6.
6. The estimated average annual and monthly volumes and rates of withdrawal.
281.35(5)(a)7.
7. The estimated average annual and monthly volumes and rates of water loss.
281.35(5)(a)8.
8. The anticipated effects, if any, that the withdrawal will have on existing uses of water resources and related land uses both within and outside of the Great Lakes basin or the upper Mississippi River basin.
281.35(5)(a)9.
9. Any land acquisition, equipment, energy consumption or the relocation or resiting of any existing community, facility, right-of-way or structure that will be required.
281.35(5)(a)10.
10. The total anticipated costs of any proposed construction.
281.35(5)(a)11.
11. A list of all federal, state, provincial and local approvals, permits, licenses and other authorizations required for any proposed construction.
281.35(5)(a)13.
13. A statement as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under
ss. 281.12 (1) and
283.83 and the requirements specified in any water quantity resources plan under
sub. (8).
281.35(5)(a)14.
14. A description of other ways the applicant's need for water may be satisfied if the application is denied or modified.
281.35(5)(a)15.
15. A description of the conservation practices the applicant intends to follow.
281.35(5)(a)16.
16. Any other information required by the department by rule.
281.35(5)(b)
(b)
Great Lakes basin; consultation required. If the department receives an application that, if approved, will result in a new water loss to the Great Lakes basin averaging more than 5,000,000 gallons per day in any 30-day period, or an increase in an existing withdrawal that will result in a water loss averaging 5,000,000 gallons per day in any 30-day period above the applicant's authorized base level of water loss, the department shall notify the office of the governor or premier and the agency responsible for management of water resources in each state and province of the Great Lakes region and, if required under the boundary water agreement of 1909, the international joint commission. The department shall also request each state and province that has cooperated in establishing the regional consultation procedure under
sub. (11) (f) to comment on the application. In making its determination on an application, the department shall consider any comments that are received within the time limit established under
par. (c).
281.35(5)(c)
(c)
Department response. Within the time limit established by the department by rule, which shall be consistent with the time limit, if any, established by the governors and premiers of the Great Lakes states and provinces, the department shall do one of the following in writing:
281.35(5)(c)1.
1. Notify the applicant that the application is approved or denied, and if it is denied, the reason for the denial.
281.35(5)(c)2.
2. Notify the applicant of any modifications necessary to qualify the application for approval.
281.35(5)(d)
(d)
Grounds for approval. Before approving an application, the department shall determine all of the following:
281.35(5)(d)1.
1. That no public water rights in navigable waters will be adversely affected.
281.35(5)(d)2.
2. That the proposed withdrawal does not conflict with any applicable plan for future uses of the waters of the state, including plans developed under
ss. 281.12 (1) and
283.83 and any water quantity resources plan prepared under
sub. (8).
281.35(5)(d)3.
3. That both the applicant's current water use, if any, and the applicant's proposed plans for withdrawal, transportation, development and use of water resources incorporate reasonable conservation practices.
281.35(5)(d)4.
4. That the proposed withdrawal and uses will not have a significant adverse impact on the environment and ecosystem of the Great Lakes basin or the upper Mississippi River basin.
281.35(5)(d)5.
5. That the proposed withdrawal and uses are consistent with the protection of public health, safety and welfare and will not be detrimental to the public interest.
281.35(5)(d)6.
6. That the proposed withdrawal will not have a significant detrimental effect on the quantity and quality of the waters of the state.
281.35(5)(d)7.
7. If the proposed withdrawal will result in an interbasin diversion, all of the following:
