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SB732,22 9Section 22 . 281.34 (9) of the statutes is repealed.
SB732,23 10Section 23 . 281.341 of the statutes is created to read:
SB732,12,12 11281.341 Groundwater management areas. (1) Definitions. In this
12section:
SB732,12,1313 (a) “Aquitard" means a geologic formation having low permeability.
SB732,12,1714 (b) “Baseflow" means the sustained flow of a stream, principally by
15groundwater discharge, in the absence of direct runoff, calculated as the 7-day low
16flow that occurs on an average of once in every 10 years, or as determined by the
17department using other statistical measures.
SB732,12,1918 (c) “Confined aquifer" means a water-bearing geologic formation that is
19bounded on its upper surface by an aquitard.
SB732,12,2020 (d) “Local governmental unit” has the meaning given in s. 281.34 (1) (c).
SB732,12,2121 (e) “Potentiometric surface" has the meaning given in s. 281.34 (1) (e).
SB732,12,2522 (f) “Sustainable hydrologic conditions" means the balance between
23groundwater consumption and groundwater replenishment in which there are no
24significant adverse environmental impacts, as defined in s. 281.34 (1) (er), to surface
25water or groundwater.
SB732,13,3
1(g) “Target date" means a date by which it is reasonable to expect that a
2groundwater management area will no longer qualify for designation as a
3groundwater management area.
SB732,13,54 (h) “Unconfined aquifer" means a water-bearing geologic formation that is not
5bounded on its upper surface by an aquitard.
SB732,13,7 6(2) Groundwater management area designation. (a) The department may, by
7rule, designate an area as a groundwater management area.
SB732,13,98 (b) An area with a confined aquifer qualifies for designation as a groundwater
9management area if any of the following applies:
SB732,13,1210 1. The potentiometric surface of the confined aquifer has been reduced by 150
11feet or more from what the potentiometric surface would be if no groundwater had
12been pumped from the area.
SB732,13,1513 2. The potentiometric surface of the confined aquifer has been reduced to less
14than 20 feet above the top of the aquitard bounding the upper surface of the confined
15aquifer.
SB732,13,1716 3. The static water level in the majority of the wells that pump water from the
17confined aquifer is below the bottom of the confined aquifer's bounding aquitard.
SB732,13,1918 4. The potentiometric surface of the confined aquifer is declining at a rate
19exceeding 5 feet per year averaged over a 10-year period.
SB732,13,2020 5. The department has initiated an action under s. 30.03 (4) relating to the area.
SB732,13,2221 (c) An area with an unconfined aquifer qualifies for designation as a
22groundwater management area if any of the following applies:
SB732,14,223 1. The baseflow of the streams in the area has declined by more than 10 percent
24from what the baseflow of the streams would be if no groundwater had been pumped

1from the area and that decline has resulted in significant adverse environmental
2impact, as defined in s. 281.34 (1) (er).
SB732,14,43 2. The water table elevation of the unconfined aquifer is declining at a rate
4exceeding one foot per year averaged over a 10-year period.
SB732,14,75 3. The withdrawal of groundwater in the area has caused a decline in the water
6table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as
7determined by use of groundwater flow modeling.
SB732,14,88 4. The department has initiated an action under s. 30.03 (4) relating to the area.
SB732,14,159 (d) The department shall regularly examine areas that may qualify for
10designation as groundwater management areas under this subsection. Any person
11may file a petition with the department requesting consideration of an area for
12designation as a groundwater management area, which the department shall
13promptly examine. Before examining any other area, the department shall examine
14the following areas to determine whether they qualify for designation as
15groundwater management areas under this subsection:
SB732,14,1716 1. The 2 groundwater management areas designated under s. 281.34 (9), 2017
17stats.
SB732,14,1818 2. The area known as the central sands region.
SB732,14,2219 (e) If the department promulgates a rule designating an area as a groundwater
20management area as authorized under par. (a), the department shall, not later than
2190 days after the rule is promulgated, establish a target date and sustainable
22hydrologic conditions for the area.
SB732,15,323 (f) After the target date established under par. (e) for an area, the department
24shall consider whether the area still qualifies as a groundwater management area
25under this subsection. If the department concludes that the area no longer qualifies

1as a groundwater management area, the department may rescind the designation
2of the area as a groundwater management area, by repealing the rule designating
3the area as a groundwater management area.
SB732,15,7 4(3) Groundwater management planning for groundwater management area.
5(a) Subject to pars. (b) and (c), upon the designation under sub. (2) of a groundwater
6management area, the department shall develop and adopt a groundwater
7management plan for the groundwater management area.
SB732,15,148 (b) If the department conducts evaluation or modeling of the designated
9groundwater management area in preparing the groundwater management plan for
10the area, the evaluation and modeling shall follow the same parameters as the
11evaluation and modeling of the hydrology of the Little Plover River conducted by the
12Geological and Natural History Survey, University of Wisconsin-Extension, and
13U.S. Geological Survey, and shall use the model that resulted from that evaluation,
14if applicable.
SB732,15,2015 (c) The department shall design the groundwater management plan to protect
16surface water and groundwater, to ensure that the groundwater management area
17will no longer qualify for designation as a groundwater management area by the
18target date established under sub. (2) (e), and to achieve the sustainable hydrologic
19conditions established under sub. (2) (e), and shall include all of the following in the
20groundwater management plan:
SB732,15,2121 1. Measurable goals.
SB732,15,2422 2. Requirements for the county or counties to report to the department,
23including requirements to report progress toward achieving the sustainable
24hydrologic conditions established under sub. (2) (e).
SB732,15,2525 3. Opportunities for public participation in the implementation of the plan.
SB732,16,1
14. Water conservation measures.
SB732,16,32 5. Any other provision that the department determines is necessary to meet the
3sustainable hydrologic conditions established under sub. (2) (e).
SB732,16,15 4(4) Voluntary groundwater management area grants. The department shall
5provide grants to local governmental units for the purpose of developing
6groundwater management plans, which the department shall assist in developing,
7and for the purpose of implementing groundwater management plans that the
8department approves. A local governmental unit is eligible for a grant under this
9subsection if the department determines that it is located, either in whole or in part,
10in an area that qualifies as a voluntary groundwater management area. An area
11qualifies as a voluntary groundwater management area if it is not in an area
12designated as a groundwater management area under sub. (2) and if the department
13determines that the area is likely to be designated as a groundwater management
14area in the future. The department shall promulgate rules as necessary to
15administer the grant program under this subsection.
SB732,24 16Section 24 . 281.344 (4s) (dm) of the statutes is amended to read:
SB732,16,2317 281.344 (4s) (dm) Requiring individual permit. The department may require
18a person who is making or proposes to make a withdrawal that averages 100,000
19gallons per day or more in any 30-day period, but that does not equal at least
201,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
21under sub. (5) if the withdrawal is located in a groundwater protection area, as
22defined in s. 281.34 (1) (am), or a groundwater management area designated under
23s. 281.34 (9) or 281.341 (2).
SB732,25 24Section 25 . 281.344 (4s) (dm) of the statutes, as affected by 2019 Wisconsin
25Act .... (this act), is amended to read:
SB732,17,7
1281.344 (4s) (dm) Requiring individual permit. The department may require
2a person who is making or proposes to make a withdrawal that averages 100,000
3gallons per day or more in any 30-day period, but that does not equal at least
41,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
5under sub. (5) if the withdrawal is located in a groundwater protection area, as
6defined in s. 281.34 (1) (am), or a groundwater management area designated under
7s. 281.34 (9) or 281.341 (2).
SB732,26 8Section 26. 281.346 (4s) (dm) of the statutes is amended to read:
SB732,17,159 281.346 (4s) (dm) Requiring individual permit. The department may require
10a person who is making or proposes to make a withdrawal that averages 100,000
11gallons per day or more in any 30-day period, but that does not equal at least
121,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
13under sub. (5) if the withdrawal is located in a groundwater protection area, as
14defined in s. 281.34 (1) (am), or a groundwater management area designated under
15s. 281.34 (9) or 281.341 (2).
SB732,27 16Section 27 . 281.346 (4s) (dm) of the statutes, as affected by 2019 Wisconsin
17Act .... (this act), is amended to read:
SB732,17,2418 281.346 (4s) (dm) Requiring individual permit. The department may require
19a person who is making or proposes to make a withdrawal that averages 100,000
20gallons per day or more in any 30-day period, but that does not equal at least
211,000,000 gallons per day for any 30 consecutive days, to obtain an individual permit
22under sub. (5) if the withdrawal is located in a groundwater protection area, as
23defined in s. 281.34 (1) (am), or a groundwater management area designated under
24s. 281.34 (9) or 281.341 (2).
SB732,28 25Section 28 . 281.346 (8) (cm) of the statutes is created to read:
SB732,18,5
1281.346 (8) (cm) Withdrawals in groundwater management areas. 1. The
2department shall include requirements for water conservation in any permit under
3s. 30.18 (2) (a) or approval under s. 281.41 if the withdrawal is in a groundwater
4management area designated under s. 281.341 (2) for which a groundwater
5management plan under s. 281.341 (3) is in effect.
SB732,18,106 2. In any permit or approval under this section, s. 30.18 (2), or 281.41 for a
7withdrawal in a groundwater management area designated under s. 281.341 (2) for
8which a groundwater management plan under s. 281.341 (3) is in effect, the
9department shall ensure that the requirements for water conservation included in
10the approval are consistent with the groundwater management plan.
SB732,29 11Section 29 . 281.346 (12) (a) of the statutes is amended to read:
SB732,18,1812 281.346 (12) (a) Subject to par. (am), a person who has a water supply system
13with the capacity to make a withdrawal from the waters of the state averaging
14100,000 gallons per day or more in any 30-day period shall pay to the department
15an annual fee of $125 $250, except that the department may promulgate a rule
16specifying a different amount and except that, notwithstanding the department's
17rule-making authority, no person is required to pay more than $1,000 per year under
18this paragraph.
SB732,30 19Section 30 . 281.346 (12) (b) of the statutes is amended to read:
SB732,18,2320 281.346 (12) (b) In addition to the fee under par. (a), a person who withdraws
21from the Great Lakes basin more than 50,000,000 gallons per year from the waters
22of the state
shall pay to the department an annual fee in an amount specified under
23par. (c).
SB732,31 24Section 31 . 281.348 (3) (cm) of the statutes is amended to read:
SB732,19,13
1281.348 (3) (cm) For the purposes of plans under par. (a), and except as
2provided in par. (cr), an areawide water quality planning agency designated by the
3governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water
4supply service areas for all of the public water supply systems in the planning area
5for which the agency is designated. An areawide water quality planning agency shall
6delineate proposed water supply service areas that are consistent with the approved
7areawide water quality management plan under s. 283.83 for the planning area and
8that permit the development of plans that are approvable under par. (d). An
9areawide water quality planning agency may also provide regional water needs
10assessments and other regional water supply planning information. The process for
11conducting regional activities under this subsection may be the same as the process
12for regional water supply planning for a groundwater management area designated
13under s. 281.34 (9) or 281.341 (2).
SB732,32 14Section 32 . 281.348 (3) (cm) of the statutes, as affected by 2019 Wisconsin Act
15.... (this act), is amended to read:
SB732,20,316 281.348 (3) (cm) For the purposes of plans under par. (a), and except as
17provided in par. (cr), an areawide water quality planning agency designated by the
18governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water
19supply service areas for all of the public water supply systems in the planning area
20for which the agency is designated. An areawide water quality planning agency shall
21delineate proposed water supply service areas that are consistent with the approved
22areawide water quality management plan under s. 283.83 for the planning area and
23that permit the development of plans that are approvable under par. (d). An
24areawide water quality planning agency may also provide regional water needs
25assessments and other regional water supply planning information. The process for

1conducting regional activities under this subsection may be the same as the process
2for regional water supply planning for a groundwater management area designated
3under s. 281.34 (9) or 281.341 (2).
SB732,33 4Section 33 . 293.37 (5) of the statutes is repealed.
SB732,34 5Section 34 . 293.65 (3) (b) of the statutes is amended to read:
SB732,21,26 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
7withdrawal of groundwater for prospecting or mining purposes or the dewatering of
8mines will result in the unreasonable detriment of public or private water supplies
9or the unreasonable detriment of public rights in the waters of the state. No
10withdrawal of groundwater for prospecting or mining purposes or the dewatering of
11mines may be made to the unreasonable detriment of public or private water supplies
12or the unreasonable detriment of public rights in the waters of the state.
13Notwithstanding any limitation on approval conditions in s. 281.34, if the
14department determines that a proposed withdrawal of groundwater or dewatering
15of mines will result in the unreasonable detriment of public or private water supplies
16or the unreasonable detriment of public rights in the waters of the state the
17department shall include conditions in the mining or prospecting permit or in an
18approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not
19result in the unreasonable detriment of public or private water supplies or the
20unreasonable detriment of public rights in the waters of the state. These conditions
21may include a requirement that the applicant for the mining or prospecting permit
22or approval under s. 281.34 provide a replacement water supply of similar quality,
23provide an increased amount of water to the water supply, or temporarily augment
24the quantity of water in, or flowing into or from, the affected waters of the state that
25is of substantially similar quality and that has substantially similar characteristics

1to the water that was in the affected waters of the state before any proposed mining
2or prospecting activity began.
SB732,35 3Section 35 . 293.66 of the statutes is repealed.
SB732,36 4Section 36. Nonstatutory provisions.
SB732,21,125 (1) Report on Internet-based system development. No later than the first day
6of the 13th month beginning after the effective date of this subsection, the
7department of natural resources shall submit to the legislature, in the manner
8provided in s. 13.172 (2), a report on the department's efforts to develop an
9Internet-based system that prospective applicants for the approval of a high
10capacity well may use to estimate the likely environmental impact of the proposed
11withdrawal. The report shall include a discussion of the department's needs for
12completing and maintaining that system.
SB732,37 13Section 37. Effective date. This act takes effect on the day after publication,
14except as follows:
SB732,21,1715 (1) The treatment of ss. 20.370 (6) (eg), 281.34 (9), 281.344 (4s) (dm) (by Section
1625), 281.346 (4s) (dm) (by Section 27 ), and 281.348 (3) (cm) (by Section 32 ) takes
17effect on the first day of the 25th month beginning after publication.
SB732,21,1818 (End)
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