SB 302

Current law requires a person to obtain approval from the Department of

Natural Resources (DNR) before constructing a high capacity well. Under current

law, 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 modifies current law by specifying the circumstances under which a

person must obtain a high capacity well approval. Under the bill, an approval is

required before constructing a proposed high capacity well or reconstructing or

replacing an existing high capacity well. The bill defines a proposed high capacity

well as a new high capacity well that will result in a new withdrawal of groundwater.

This bill also provides that within 65 business days from the date on which DNR

receives a complete application for approval for construction of a proposed high

capacity well, or for reconstruction or replacement of an existing high capacity well,

it must approve or deny the application. If DNR denies the application, the denial

must include the reasons for the denial. If DNR fails to approve or deny the

application within the deadline established in the bill, then the application is

considered approved.

Under current law, DNR is required to impose conditions on a high capacity well

under certain circumstances. For example, if DNR determines that a proposed high

capacity well may impair the water supply of a public utility, DNR may not approve

the high capacity well unless it includes conditions that will ensure that the water

supply of the public utility will not be impaired. This bill provides that DNR may not

impose conditions, other than those required in current law, in an approval for a

proposed high capacity well or for the reconstruction of an existing high capacity well

other than conditions relating to location, depth, pumping capacity, and rate of flow.

This bill provides that DNR may issue an approval for the construction of a

replacement high capacity well only if the replacement well is drilled to substantially

the same depth as the existing high capacity well, it is located within a 75-foot radius

of the existing high capacity well, and it will be constructed in accordance with DNR

standards that apply on the date on which construction of the replacement high

capacity well begins. The bill also prohibits DNR from including conditions in an

approval for a replacement high capacity well that are different than the conditions

in the approval for the high capacity well being replaced.

This bill also provides that if a person who owns property on which a high

capacity well is located transfers the property, the owner may transfer the approval

for the high capacity well to the person to whom the land is transferred without

review by DNR and without having to pay a fee.

Under current law, DNR must review certain high capacity well approval

applications using an environmental review process specified in rules promulgated

by DNR. DNR must use this process in reviewing an application for approval of a

high capacity well that is located in a groundwater protection area, that has a water