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LRBs0276/1
ZDW&FFK:amn
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 501
February 12, 2020 - Offered by Senators Testin, Cowles and Bewley.
SB501-SSA1,1,3 1An Act to renumber 709.03 (form) F18. and F19. and 709.033 (form) E17. to
2E21.; and to create 30.132, 709.03 (form) F18. and F19. and 709.033 (form)
3E17. and E18. of the statutes; relating to: riparian rights.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB501-SSA1,1 4Section 1. 30.132 of the statutes is created to read:
SB501-SSA1,1,5 530.132 Riparian rights. (1) Definitions. In this section:
SB501-SSA1,1,66 (a) “Commission” means the public service commission.
SB501-SSA1,1,77 (b) “Hydroelectric operator” means an operator of a project.
SB501-SSA1,1,98 (c) “Project riparian” means an owner of land that abuts a navigable waterway,
9the abutting bed of which is owned by a hydroelectric operator.
SB501-SSA1,1,1110 (d) “Project” means a hydroelectric project regulated by the federal energy
11regulatory commission or the department.
SB501-SSA1,2,11
1(2) Presumption of riparian rights. An owner of land that abuts a navigable
2waterway is presumed to be a riparian owner and is entitled to exercise all rights
3afforded to a riparian owner, including the right to place a pier, other structures, or
4deposits, even if the bed of the waterway is owned in whole or in part by another,
5unless those rights are specifically prohibited by the deed to the land, written
6agreement, or other recorded instrument. The exercise of these riparian rights is
7subject to the requirements of this chapter and, if the waterway is within the
8boundaries of a project, the reasonable restrictions imposed by the hydroelectric
9operator necessary for the hydroelectric operator to comply with requirements
10imposed under state or federal law or a federal energy regulatory commission
11license.
SB501-SSA1,3,2 12(3) Project riparian rights. (a) Application to exercise riparian rights. A
13project riparian may make written application to the applicable hydroelectric
14operator for permission to exercise a riparian right in a waterway within the
15boundaries of a project, including the right to place a pier or other structures or
16deposits and the right to modify an existing structure authorized under par. (b),
17subject to the requirements of this chapter. The hydroelectric operator shall approve
18or deny an application under this paragraph no later than 60 days after receiving the
19application. The hydroelectric operator may deny an application under this
20paragraph only if necessary for the hydroelectric operator to comply with
21requirements imposed under state or federal law or a federal energy regulatory
22commission license but may approve the application subject to reasonable
23restrictions necessary for the hydroelectric operator to comply with requirements
24imposed under state or federal law or a federal energy regulatory commission
25license. The hydroelectric operator may charge an applicant a reasonable fee to cover

1the hydroelectric operator's administrative costs related to a structure or deposit
2that is approved under this paragraph.
SB501-SSA1,3,123 (b) Existing structures. Notwithstanding par. (a), a project riparian may
4maintain a structure that was placed in a waterway within the boundaries of a
5project prior to the effective date of this paragraph .... [LRB inserts date], subject to
6the requirements of this chapter and the reasonable restrictions imposed by the
7hydroelectric operator necessary for the hydroelectric operator to comply with
8requirements imposed under state or federal law or a federal energy regulatory
9commission license. A hydroelectric operator may not charge a fee related to a
10structure authorized under this paragraph unless a fee is provided for in an
11agreement between the hydroelectric operator and the project riparian that existed
12prior to the effective date of this paragraph .... [LRB inserts date].
SB501-SSA1,3,1813 (c) Appeal to the commission. A project riparian whose application is denied
14or approved with restrictions or who is charged an unreasonable fee under this
15subsection may appeal in writing to the commission. The commission may
16investigate the appeal and issue an order based on its investigation. The commission
17may not issue an order under this paragraph without a public hearing conducted in
18accordance with s. 196.26 (2).
SB501-SSA1,3,2119 (d) Immunity from liability. A hydroelectric operator is not liable to any person
20for any injury or damage arising from a project riparian's use of the hydroelectric
21operator's property as provided in this section.
SB501-SSA1,3,2422 (4) Effect on enforceable interests. Nothing in this section invalidates any
23interest, whether designated as an easement, covenant, equitable servitude,
24restriction, or otherwise, which is otherwise enforceable under the laws of this state.
SB501-SSA1,2
1Section 2. 709.03 (form) F18. and F19. of the statutes are renumbered 709.03
2(form) F20. and F21.
SB501-SSA1,3 3Section 3 . 709.03 (form) F18. and F19. of the statutes are created to read:
SB501-SSA1,4 55Section 4 . 709.033 (form) E17. to E21. of the statutes are renumbered 709.033
56(form) E19. to E23.
SB501-SSA1,5 57Section 5 . 709.033 (form) E17. and E18. of the statutes are created to read:
SB501-SSA1,6 16Section 6 . Nonstatutory provisions.
SB501-SSA1,5,2117 (1) Real estate condition and vacant land disclosure reports.
18Notwithstanding s. 709.035, a property owner who furnished to a prospective buyer
19of the property an original or amended report before the effective date of this
20subsection need only submit an amended report with respect to the information
21required under s. 709.03 (form), 2017 stats., or under s. 709.033 (form), 2017 stats.
SB501-SSA1,7 22Section 7 . Initial applicability.
SB501-SSA1,5,2623 (1) Real estate condition and vacant land disclosure reports. The creation
24of ss. 709.03 (form) F18. and F19. and 709.033 (form) E17. and E18. and the
25renumbering of ss. 709.03 (form) F18. and F19. and 709.033 E17. to E21. first apply
26to reports that are furnished on the effective date of this subsection.
SB501-SSA1,8 27Section 8 . Effective dates. This act takes effect on the day after publication,
28except as follows:
SB501-SSA1,6,229 (1) Real estate disclosure forms. The creation of ss. 709.03 (form) F18. and
30F19. and 709.033 (form) E17. and E18. and the renumbering of ss. 709.03 (form) F18.

1and F19. and 709.033 E17. to E21. and Sections 6 (1 ) and 7 (1) of this act take effect
2on July 1, 2020.
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