281.70(5)(a)
(a) Designate activities that are eligible for grants for planning projects. Eligible activities under the rules for these grants shall include all of the following:
281.70(5)(a)2.
2. Assessments of water quality and of fish and aquatic life and their habitat.
281.70(5)(a)3.
3. Assessments of the uses of a river and the uses of the land surrounding the river.
281.70(5)(a)5.
5. Informational or educational programs and materials as specified in
par. (b).
281.70(5)(a)6.
6. Programs and materials to assist persons in forming river management organizations or other groups to protect or improve rivers and natural riverine ecosystems.
281.70(5)(b)
(b) For purposes of
par. (a) 5., specify informational or educational materials that may be provided on any of the following:
281.70(5)(b)1.
1. Protecting or improving the ways in which rivers are used.
281.70(5)(b)2.
2. Protecting or improving the quality of water in rivers.
281.70(5)(b)3.
3. Protecting or improving the quality of natural riverine ecosystems.
281.70(5)(b)4.
4. Protecting or improving fish populations, aquatic life or fish habitat in rivers.
281.70(5)(c)
(c) Designate activities that are eligible for grants for management projects. Eligible activities under the rules for these grants shall include all of the following:
281.70(5)(c)1.
1. The purchase of land or of a conservation easement, as defined in
s. 700.40 (1) (a) if the recipient enters into a contract under
s. 281.71 and if the purchase will substantially contribute to the protection or improvement of the river's water quality or its natural ecosystem.
281.70(5)(c)3.
3. The development of local regulations or ordinances that will protect or improve the river's water quality or its natural ecosystem.
281.70(5)(c)4.
4. An activity that is approved by the department and that is needed to implement a recommendation made as a result of a plan to protect or improve the river's water quality or its natural ecosystem.
281.70(6)
(6) Eligibility; types of rivers. The department shall promulgate rules establishing the types of natural riverine ecosystems that are eligible for grants under this section.
281.70(7)
(7) Eligibility; other. At the completion of a planning project, upon request of the recipient of the grant for the planning project, the department may approve as eligible activities for a management project grant the recommendations that were made as a result of the project.
281.70 History
History: 1999 a. 9;
2001 a. 30.
281.70 Cross-reference
Cross Reference: See also ch.
NR 195, Wis. adm. code.
281.71
281.71
Lake management project grants; river protection grants; purchases. 281.71(1)(a)
(a) Standards for the management of the property to be acquired.
281.71(1)(b)
(b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
281.71(1)(c)
(c) A prohibition against the property being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features.
281.71(1)(d)
(d) A clause that any subsequent sale or transfer of the property to be acquired is subject to
subs. (2) and
(3).
281.71(2)
(2) The recipient of the grant used for a purchase under
s. 281.69 (3) (b) 1. or
281.70 (5) (c) 1. may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the recipient if all of the following apply:
281.71(2)(a)
(a) The department approves the subsequent sale or transfer.
281.71(2)(b)
(b) The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under
sub. (1).
281.71(3)
(3) The recipient of the grant used for a purchase under
s. 281.69 (3) (b) 1. or
281.70 (5) (c) 1. may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.
281.71(4)
(4) If the recipient violates any essential provision of the contract, title to the acquired property shall vest in the state.
281.71(5)
(5) The instrument conveying the property to the recipient shall state the interest of the state under
sub. (4). The contract entered into under
sub. (1) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located.
281.71 History
History: 1999 a. 9 s.
2548.
281.72
281.72
River protection; contracts with nonprofit organizations. 281.72(1)(1)
Definition. In this section, "nonprofit conservation organization" means a river management organization that meets the qualifications under
s. 281.70 (4) (b) or a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the protection of rivers and that is described in section
501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
281.72(2)
(2) Requirements to receive contracts. The department shall provide contracts to nonstock, nonprofit corporations that are described under section
501 (c) (3) or (4) of the Internal Revenue Code and that are organized in this state. For a nonstock, profit corporation to qualify for a contract, the corporation shall meet all of the following requirements:
281.72(2)(a)
(a) The corporation is exempt from taxation under section
501 (a) of the Internal Revenue Code.
281.72(2)(b)
(b) The corporation provides support to nonprofit conservation organizations.
281.72(2)(c)
(c) The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations.
281.72(2)(d)
(d) The corporation contributes, to be used with the contract, $1 for every $3 it receives under the contract.
281.72(3)
(3) Requirements under contracts. A corporation receiving a contract under this subsection shall do all of the following:
281.72(3)(a)
(a) Assist in the establishment of nonprofit conservation organizations.
281.72(3)(b)
(b) Provide technical assistance to nonprofit conservation organizations.
281.72(3)(c)
(c) Conduct conferences on topics for which technical assistance is provided under
par. (b).
281.72 History
History: 1999 a. 9.
281.73
281.73
Wastewater and drinking water grant. The department of natural resources shall provide a grant from the appropriation under
s. 20.370 (6) (bk) to the Town of Swiss, Burnett County, and the St. Croix Band of Chippewa for design, engineering, and construction of wastewater and drinking water treatment facilities.
281.73 History
History: 2001 a. 16.
COMPENSATION
281.75
281.75
Compensation for well contamination. 281.75(1)(a)
(a) "Alternate water supply" means a supply of potable water obtained in bottles, by tank truck or by other similar means.
281.75(1)(b)
(b) "Contaminated well" or "contaminated private water supply" means a well or private water supply which:
281.75(1)(b)1.
1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in
40 CFR 141 and
143;
281.75(1)(b)2.
2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under
ch. 160; or
281.75(1)(b)3.
3. Is subject to a written advisory opinion, issued by the department, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.
281.75(1)(c)
(c) "Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of permeable rock or soil.
281.75(1)(e)
(e) "Livestock water supply" means a well which is used as a source of potable water only for livestock and which is:
281.75(1)(e)1.
1. Approved by the department of agriculture, trade and consumer protection for grade A milk production under
s. 97.24; or
281.75(1)(f)
(f) "Private water supply" means a residential water supply or a livestock water supply.
281.75(1)(g)
(g) "Residential water supply" means a well which is used as a source of potable water for humans or humans and livestock and is connected to 14 or less dwelling units.
281.75(1)(h)
(h) "Well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.
281.75(2)
(2) Duties of the department. The department shall:
281.75(2)(a)
(a) Establish by rule procedures for the submission, review and determination of claims under this section.
281.75(2)(b)
(b) Assist claimants in submitting applications for compensation under this section.
281.75(2)(d)
(d) Establish casing depth and other construction requirements for a new or reconstructed private water supply.
281.75(2)(e)
(e) Declare an area of special eligibility for compensation for well contamination, based on contamination reported after December 31, 2005, if all of the following criteria are satisfied:
281.75(2)(e)1.
1. Results of tests performed by a laboratory certified under
s. 299.11 establish that wells in the area are contaminated by fecal bacteria.
281.75(2)(e)2.
2. Evidence demonstrates that the bacterial contamination is caused by livestock.
281.75(3)
(3) Wells for which a claim may be submitted; sunset date. 281.75(3)(a)(a) A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated.
281.75(3)(b)
(b) Claims may not be submitted under this section until January 1, 1985.
281.75(4)(a)(a) Except as provided under
par. (b), a landowner or lessee of property on which is located a contaminated private water supply, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section.
281.75(4)(b)
(b) The following entities may not submit a claim:
281.75(4)(b)2.
2. An office, department, independent agency, institution of higher education, association, society or other body in state government.
281.75(4)(b)4.
4. A city, village, town, county or special purpose district.
281.75(4m)(a)(a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply may not exceed $65,000.
281.75(4m)(b)
(b) Except as provided under
par. (d), annual family income shall be based upon the adjusted gross income of the landowner or lessee and the landowner's or lessee's spouse, if any, as computed for Wisconsin income or franchise tax purposes for the taxable year prior to the year in which the claim is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year of the enforcement order.
