AB 105

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

wells that, together with certain other wells on the same property, have the capacity

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

Activities exempt from approval

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

Natural Resources before constructing or operating a high capacity well. This bill

provides that no additional approval is needed for the owner of an approved high

capacity well to 1) repair or maintain the well, 2) construct a replacement high

capacity well, if the replacement well's purpose is to prevent contamination or if the

replacement well will be substantially the same depth as the existing well and either

within a 75-foot radius of the existing well or farther from the nearest groundwater

protection area than the existing well, 3) reconstruct the well to substantially the

same depth and specifications as the existing well, or 4) transfer the approval at the

same time as the owner transfers the land on which the well is located. No additional

fee is required for any of these actions, but the owner of the well must notify DNR

of any replacement, reconstruction, or transfer. The owner may not take any of these

actions if they would be inconsistent with the conditions included in the approval for

the high capacity well, and the conditions of the approval continue to apply after any

of these actions are taken.

Designated study area

This bill also requires DNR to evaluate and model the hydrology of Pleasant

Lake in Waushara County and the Fourteenmile Creek Watershed, the Mecan River

Watershed, and the Pine River and Willow Creek Watershed, located in parts of

Adams, Green Lake, Juneau, Marquette, Portage, Waupaca, Waushara, Winnebago,

and Wood counties (defined in the bill as the “designated study area”). DNR must

begin its evaluation of the study area within one year after the effective date of the

bill. If DNR determines that special measures relating to existing and potential

groundwater withdrawal are necessary in all or part of the study area to prevent or

remedy a significant reduction of a navigable stream's or navigable lake's rate of flow

or water level below its average seasonal levels, DNR must issue a decision on

whether it recommends that the legislature adopt, by statute, special measures

relating to groundwater withdrawal in all or part of that area. DNR must hold a

public hearing on its decision. Following the public hearing, the bill requires DNR

to submit a report to the legislature describing what special measures, if any, it

recommends that the legislature adopt in all or part of the study area. DNR must

submit this report within three years after beginning its study of the study area.

The bill requires the owner of a new high capacity well located in the study area,

or an owner who replaces, reconstructs, or transfers ownership of a high capacity

well located in the study area, to provide, with the annual pumping report that it

submits to DNR, readings from a water meter showing the well's water usage.