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LRBb0680/1
MCP:all
2015 - 2016 LEGISLATURE
SENATE AMENDMENT 18,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators Miller, Bewley, Vinehout, Lassa, Hansen,
Wirch, Carpenter, L. Taylor, C. Larson, Ringhand, Harris Dodd, Risser and
Shilling.
SB21-SSA1-SA18,1,11 At the locations indicated, amend the substitute amendment as follows:
SB21-SSA1-SA18,1,2 21. At the appropriate places, insert all of the following:
SB21-SSA1-SA18,1,3 3" Section 1. 20.370 (6) (eg) of the statutes is amended to read:
SB21-SSA1-SA18,1,74 20.370 (6) (eg) Groundwater mitigation and local assistance. All moneys
5received under s. 281.34 not appropriated under sub. (4) (cg) or (ch) for mitigation
6under s. 281.34 (8) (d) and (9) (d) and funding to local governmental units under s.
7281.34 (9) (b)
.
SB21-SSA1-SA18,2 8Section 2. 160.50 (2) of the statutes is renumbered 160.50 (2) (a).
SB21-SSA1-SA18,3 9Section 3. 160.50 (2) (b) of the statutes is created to read:
SB21-SSA1-SA18,2,210 160.50 (2) (b) The groundwater coordinating council shall create a
11subcommittee on groundwater area review. The subcommittee shall be composed of

1individuals with technical expertise in the area of groundwater science and
2management.
SB21-SSA1-SA18,4 3Section 4. 281.34 (1) (er) of the statutes is created to read:
SB21-SSA1-SA18,2,94 281.34 (1) (er) "Significant adverse environmental impact" means alteration
5of groundwater levels, groundwater discharge, surface water levels, surface water
6discharge, groundwater temperature, surface water temperature, groundwater
7chemistry, surface water chemistry, or other factors to the extent that those
8alterations cause significant degradation of environmental quality, including
9biological and ecological aspects of the affected water resource.
SB21-SSA1-SA18,5 10Section 5. 281.34 (1) (f) of the statutes is repealed.
SB21-SSA1-SA18,6 11Section 6. 281.34 (2s) of the statutes is created to read:
SB21-SSA1-SA18,2,1512 281.34 (2s) Public notice. The department shall require an applicant for
13approval of a high capacity well to provide notice of the application to interested
14members of the public by publication as a class 1 notice under ch. 985. In the notice,
15the applicant shall identify the owner and location of the high capacity well.
SB21-SSA1-SA18,7 16Section 7. 281.34 (4) (a) 3. of the statutes is amended to read:
SB21-SSA1-SA18,2,1817 281.34 (4) (a) 3. A high capacity well that may have a significant adverse
18environmental impact on a spring waters of the state.
SB21-SSA1-SA18,8 19Section 8. 281.34 (5) (a) of the statutes is amended to read:
SB21-SSA1-SA18,3,320 281.34 (5) (a) Public water supply. If the department determines that a
21proposed high capacity well may impair the water supply of a public utility engaged
22in furnishing water to or for the public, the department may not approve the high
23capacity well unless it is able to include and includes conditions in the approval
24conditions to ensure that the water supply of the public utility will not be impaired,
25which may include conditions as to location, depth, pumping capacity, rate of flow,

1monitoring, and ultimate use, that will ensure that the water supply of the public
2utility will not be impaired
and any other condition the department determines is
3necessary
.
SB21-SSA1-SA18,9 4Section 9. 281.34 (5) (b) 1. and 2. of the statutes are amended to read:
SB21-SSA1-SA18,3,145 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines,
6under the environmental review process in sub. (4), that an environmental impact
7report under s. 23.11 (5) must be prepared for a proposed high capacity well located
8in a groundwater protection area, the department may not approve the high capacity
9well unless it is able to include and includes conditions in the approval conditions to
10ensure that the high capacity well does not cause significant adverse environmental
11impact
, which may include conditions as to location, depth, pumping capacity, rate
12of flow, monitoring, and ultimate use, that ensure that the high capacity well does
13not cause significant environmental impact
and any other condition the department
14determines is necessary
.
SB21-SSA1-SA18,3,2415 2. Subdivision 1. does not apply to a proposed high capacity well that is located
16in a groundwater protection area and that is a water supply for a public utility
17engaged in supplying water to or for the public, if the department determines that
18there is no other reasonable alternative location for a well and is able to include and
19includes conditions in the approval conditions to ensure that the environmental
20impact of the well is balanced by the public benefit of the well related to public health
21and safety
, which may include conditions as to location, depth, pumping capacity,
22rate of flow, monitoring, and ultimate use, that ensure that the environmental
23impact of the well is balanced by the public benefit of the well related to public health
24and safety
and any other condition the department determines is necessary.
SB21-SSA1-SA18,10 25Section 10. 281.34 (5) (c) of the statutes is amended to read:
SB21-SSA1-SA18,4,10
1281.34 (5) (c) High water loss. If the department determines, under the
2environmental review process in sub. (4), that an environmental impact report under
3s. 23.11 (5) must be prepared for a proposed high capacity well with a water loss of
4more than 95 percent of the amount of water withdrawn, the department may not
5approve the high capacity well unless it is able to include and includes conditions in
6the approval conditions to ensure that the high capacity well does not cause
7significant adverse environmental impact
, which may include conditions as to
8location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that
9ensure that the high capacity well does not cause significant environmental impact

10and any other condition the department determines is necessary.
SB21-SSA1-SA18,11 11Section 11. 281.34 (5) (d) of the statutes is amended to read:
SB21-SSA1-SA18,4,2212 281.34 (5) (d) Impact on a spring waters of the state. 1. Except as provided in
13subd. 2., if the department determines, under the environmental review process in
14sub. (4), that an environmental impact report under s. 23.11 (5) must be prepared for
15a proposed high capacity well that may have a significant adverse environmental
16impact on a spring waters of the state, the department may not approve the high
17capacity well unless it is able to include and includes conditions in the approval
18conditions to ensure that the high capacity well does not cause significant adverse
19environmental impact
, which may include conditions as to location, depth, pumping
20capacity, rate of flow, monitoring, and ultimate use, that ensure that the high
21capacity well does not cause significant environmental impact
and any other
22condition the department determines is necessary
.
SB21-SSA1-SA18,5,823 2. Subdivision 1. does not apply to a proposed high capacity well that may have
24a significant adverse environmental impact on a spring waters of the state and that
25is a water supply for a public utility engaged in supplying water to or for the public,

1if the department determines that there is no other reasonable alternative location
2for a well and is able to include and includes conditions in the approval conditions
3to ensure that the environmental impact of the well is balanced by the public benefit
4of the well related to public health and safety
, which may include conditions as to
5location, depth, pumping capacity, rate of flow, monitoring, and ultimate use, that
6ensure that the environmental impact of the well is balanced by the public benefit
7of the well related to public health and safety
and any other condition the department
8determines is necessary
.
SB21-SSA1-SA18,12 9Section 12. 281.34 (5) (ds) of the statutes is created to read:
SB21-SSA1-SA18,5,1310 281.34 (5) (ds) Groundwater management plan. If a high capacity well is in a
11groundwater management area designated under s. 281.341 (2) with a groundwater
12management plan under s. 281.341 (3) in effect, the department may not approve the
13high capacity well unless it is consistent with that plan.
SB21-SSA1-SA18,13 14Section 13. 281.34 (5) (e) 3. of the statutes is created to read:
SB21-SSA1-SA18,5,1915 281.34 (5) (e) 3. The department may include in the approval for a high capacity
16well conditions requiring the owner to implement a monitoring program to evaluate
17environmental impacts caused by operation of the high capacity well, and to submit
18the results of the monitoring program to the department. The department may
19modify the approval based on the results of the monitoring program.
SB21-SSA1-SA18,14 20Section 14. 281.34 (5m) of the statutes is renumbered 281.34 (5m) (a) and
21amended to read:
SB21-SSA1-SA18,6,222 281.34 (5m) (a) No person may challenge an approval, or an application for
23approval, of a
When determining whether a high capacity well based on the lack of
24consideration of
or proposed high capacity well may have a significant adverse
25environmental impact on the waters of the state, the department shall consider
the

1cumulative environmental impacts of that high capacity well together with existing
2wells withdrawals.
SB21-SSA1-SA18,15 3Section 15. 281.34 (7) (title) of the statutes is amended to read:
SB21-SSA1-SA18,6,54 281.34 (7) (title) Modifying and rescinding Duration, modification, and
5rescission of
approvals for high capacity wells.
SB21-SSA1-SA18,16 6Section 16. 281.34 (7) of the statutes is renumbered 281.34 (7) (b) (intro.) and
7amended to read:
SB21-SSA1-SA18,6,148 281.34 (7) (b) (intro.) The An approval of a high capacity well issued under this
9section or under s. 281.17 (1), 2001 stats. prior to the effective date of this paragraph
10.... [LRB inserts date]
, remains in effect for the following periods unless the
11department modifies or rescinds the approval under par. (c) 3. or sub. (5) (e) 3., or
12because the high capacity well or the use of the high capacity well is not in
13conformance with standards or conditions applicable to the approval of the high
14capacity well.:
SB21-SSA1-SA18,17 15Section 17. 281.34 (7) (a) of the statutes is created to read:
SB21-SSA1-SA18,6,2116 281.34 (7) (a) An approval of a high capacity well issued under this section on
17or after the effective date of this paragraph .... [LRB inserts date], may not remain
18in effect for more than 10 years and may be modified or rescinded under par. (c) 3.
19or sub. (5) (e) 3., or because the high capacity well or the use of the high capacity well
20is not in conformance with standards or conditions applicable to the approval of the
21high capacity well.
SB21-SSA1-SA18,18 22Section 18. 281.34 (7) (b) 1. to 5. of the statutes are created to read:
SB21-SSA1-SA18,6,2423 281.34 (7) (b) 1. For an approval of a high capacity well issued before January
241, 1980, 8 years from the effective date of this subdivision .... [LRB inserts date].
SB21-SSA1-SA18,7,3
12. For an approval of a high capacity well issued on or after January 1, 1980,
2and before January 1, 1990, 10 years from the effective date of this subdivision ....
3[LRB inserts date].
SB21-SSA1-SA18,7,64 3. For an approval of a high capacity well issued on or after January 1, 1990,
5and before January 1, 2000, 12 years from the effective date of this subdivision ....
6[LRB inserts date].
SB21-SSA1-SA18,7,97 4. For an approval of a high capacity well issued on or after January 1, 2000,
8and before January 1, 2010, 14 years from the effective date of this subdivision ....
9[LRB inserts date].
SB21-SSA1-SA18,7,1210 5. For an approval of a high capacity well issued on or after January 1, 2010,
11and before the effective date of this subdivision .... [LRB inserts date], 16 years from
12the effective date of this subdivision .... [LRB inserts date].
SB21-SSA1-SA18,19 13Section 19. 281.34 (7) (c) of the statutes is created to read:
SB21-SSA1-SA18,7,1814 281.34 (7) (c) 1. After a groundwater management plan under s. 281.341 (3)
15takes effect for a groundwater management area designated under s. 281.341 (2), the
16department shall review, for consistency with the ground water management plan,
17approvals for high capacity wells in the groundwater management area that were
18issued under this section or under s. 281.17 (1), 2001 stats. before the plan took effect.
SB21-SSA1-SA18,7,2319 2. After conducting the review under subd. 1. for a groundwater management
20area designated under s. 281.341 (2), the department may periodically review, for
21consistency with the ground water management plan, the approvals under this
22section or under s. 281.17 (1), 2001 stats., for high capacity wells in the groundwater
23management area.
SB21-SSA1-SA18,8,324 3. The department may modify the approval under this section or under s.
25281.17 (1), 2001 stats., of a high capacity well, after a review under subd. 1. or 2., as

1necessary to ensure that the high capacity well is consistent with the groundwater
2management plan for the groundwater management area in which the high capacity
3well is located.
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