281.12 AnnotationThe Department of Natural Resources’ general supervision and control over the state’s waters is not so sweeping as to authorize the department to ban all activities that might adversely affect water quality or to establish limitations for any one specific industry. Rusk County Citizen Action Group, Inc. v. DNR, 203 Wis. 2d 1, 552 N.W.2d 110 (Ct. App. 1996), 95-3125. 281.12 AnnotationThrough this section and s. 281.11, the legislature has delegated the state’s public trust duties to the Department of Natural Resources (DNR) in the context of its regulation of high capacity wells and their potential effect on navigable waters. For all proposed high capacity wells, the legislature has expressly granted DNR the authority and a general duty to review all permit applications and to decide whether to issue the permit, to issue the permit with conditions, or to deny the application, which provides DNR with the discretion to undertake the review it deems necessary for all proposed high capacity wells, including the authority and a general duty to consider the environmental impact of a proposed high capacity well on waters of the state. Lake Beulah Management District v. DNR, 2011 WI 54, 335 Wis. 2d 47, 799 N.W.2d 73, 08-3170. See also Clean Wisconsin, Inc. v. DNR, 2021 WI 72, 398 Wis. 2d 433, 961 N.W.2d 611, 18-0059. 281.12 AnnotationThe legislature has granted the Department of Natural Resources the broad but explicit authority to consider the environmental effects of a proposed high capacity well under this section. That its explicit authority to do so is broad does not negate that authority. That authority to consider the environmental effects of all high capacity wells is consistent with s. 227.10 (2m). Clean Wisconsin, Inc. v. DNR, 2021 WI 72, 398 Wis. 2d 433, 961 N.W.2d 611, 18-0059. 281.13281.13 Surveys and research. 281.13(1)(a)(a) The department is authorized to act with the U.S. geological survey in determining the sanitary and other conditions and nature of the natural water sources in this state, for the following purposes: 281.13(1)(a)1.1. To determine the nature and condition of the unpolluted natural water sources. 281.13(1)(a)2.2. To determine to what extent the natural water sources are being contaminated by sewage from cities, villages and towns. 281.13(1)(a)3.3. To determine to what extent the natural water sources are being polluted by other wastes. 281.13(1)(b)(b) The department is hereby empowered and instructed to make the necessary rules and regulations, in conjunction with the U.S. geological department, to carry this subsection into effect. 281.13(3)(3) The department may conduct scientific experiments, investigations, waste treatment demonstrations and research on any matter under its jurisdiction. It may establish pilot plants, prototypes and facilities in connection therewith and lease or purchase land or equipment. 281.14281.14 Wisconsin River monitoring and study. 281.14(2)(2) The department shall conduct a program to monitor and study the introduction of nutrients from point sources and nonpoint sources into the Wisconsin River from the headwaters of the river to the Castle Rock Flowage dam. The department shall seek to do all of the following under this subsection: 281.14(2)(a)(a) Identify the amounts of nutrients being introduced into the river. 281.14(2)(b)(b) Characterize and quantify the nutrients, in particular nitrogen and phosphorus, introduced into the river from nonpoint sources relative to climate, land use, soil type, elevation, and drainage. 281.14(2)(c)(c) Collect water quality information for locations on the river itself and for major tributaries and major impoundments to use in evaluating the biological, physical, and chemical properties of the water and to use as data in watershed and river models. 281.14(2)(d)(d) Use watershed and river models and the information collected under this subsection and from other sources to forecast the effect on water quality of different methods of reducing the amounts of nutrients introduced into the river. 281.14(2)(e)(e) Develop tools to use in selecting and implementing methods of reducing the amounts of nutrients introduced into the river. 281.14 HistoryHistory: 2009 a. 28; 2013 a. 20. 281.145281.145 River and stream monitoring and study.