AB 477

Overview

This bill makes various changes to the laws regulating high capacity wells,

which are wells that, together with all other wells on the same property, have the

capacity to withdraw more than 100,000 gallons of water per day. Current law

requires a person to obtain approval from the Department of Natural Resources

(DNR) before constructing or operating a high capacity well. This bill specifies the

conditions that DNR may impose or modify in an approval for an existing high

capacity well and those that it may impose in an approval for a new high capacity

well. The conditions vary depending on certain circumstances such as whether the

well will be, or is, located in a sensitive resource area (SRA) designated by the

legislature by statute.

The bill establishes a procedure, more fully described below, under which an

area may be designated as an SRA by statute. Generally, under the bill, DNR is

required to evaluate and model the hydrology of (study) certain lakes, and the areas

surrounding those lakes, that are located in Waushara County (specified Waushara

County lake areas). Those lakes are Pleasant Lake, Plainfield Lake, Long Lake, and

Huron Lake. In addition, if DNR receives certain information showing that

cumulative groundwater withdrawals in an area of the state are collectively causing

or may be likely to collectively cause certain adverse impacts to streams and lakes,

DNR must request approval from the Joint Committee on Finance (JCF) to study

that area. If DNR conducts the study, DNR must issue a decision upon conclusion of

the study on whether to recommend that the area be designated as an SRA. DNR

must hold a public hearing on its decision. Upon conclusion of the hearing and all

administrative and judicial reviews, DNR must submit a report to the legislature on

whether it recommends that the area be designated as an SRA. If it recommends

such a designation, it must prepare and submit an additional report specifying any

measures that it recommends be conducted to prevent or remedy certain adverse

impacts to streams and lakes in the area.

Under the bill, an area may be designated as an SRA only by statute.

Environmental review

Current law requires DNR to conduct a specific type of environmental review

(special environmental review) of applications for approval of a high capacity well

that is located in an area within 1,200 feet of a trout stream or an exceptional or

outstanding resource water; a high capacity well with a high water loss, in which less

than 5 percent of the water withdrawn is returned after use to the basin from which

it is withdrawn; and a high capacity well that may have a significant environmental

impact on a qualifying spring.

This bill provides that DNR is required to conduct this special environmental

review under these circumstances only if the high capacity well is located in an area

designated by statute as an SRA. If it is not located in an SRA, DNR may, but is not