281.34 Groundwater withdrawals.

797 words·~4 min read·/wi/chapter-281/281-34

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(ae)“Fire protection well” means a well used primarily for fire protection purposes.

(am)“Groundwater protection area” means an area within 1,200 feet of any of the following:

1. An outstanding resource water identified under s. 281.15 that is not a trout stream.

2. An exceptional resource water identified under s. 281.15 that is not a trout stream.

3. A class I, class II, or class III trout stream, other than a class I, class II, or class III trout stream that is a farm drainage ditch with no prior stream history, as identified under sub.

(a).

(b)“High capacity well” means a well, except for a residential well or fire protection well, that, together with all other wells on the same property, except for residential wells and fire protection wells, has a capacity of more than 100,000 gallons per day.

(c)“Local governmental unit” means a city, village, town, county, town sanitary district, utility district under s. 66.0827 that provides water, public inland lake protection and rehabilitation district that has town sanitary district powers under s. 33.22

(3), joint local water authority created under s. 66.0823 , or municipal water district under s. 198.22 .

(d)“Owner” means a person who owns property on which a well is located or proposed to be located or the designated representative of such a person.

(e)“Potentiometric surface” means a measure of pressure of groundwater in an aquifer based on the level to which groundwater will rise in a well placed in the aquifer.

(ek)“Reconstruct” means to modify original construction including deepening, lining, installing or replacing a screen, and underreaming.

(em)“Residential well” means a well that has a capacity of 100,000 gallons per day or less and that is used primarily to provide water to a single-family or multifamily residence.

(f)“Spring” means an area of concentrated groundwater discharge occurring at the surface of the land that results in a flow of at least one cubic foot per second at least 80 percent of the time.

(g)“Water loss” means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.

(h)“Well” means any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater.

(2)Approval required for high capacity wells. Except as provided under sub.

(2g), an owner shall apply to the department for approval before construction of a high capacity well begins. Except as provided under sub.

(2g), no person may construct or withdraw water from a high capacity well without the approval of the department under this section or under s. 281.17

(1), 2001 stats. An owner applying for approval under this subsection shall pay a fee of $500.

(2g)Repair, replacement, reconstruction, and transfer of ownership of an approved high capacity well.

(a)Except as provided in par.

(e), if a high capacity well has been approved under this section or under s. 281.17

(1), 2001 stats., the owner of that well may take any of the following actions without obtaining an additional approval under this section:

1. Repair and maintain the high capacity well.

2. Construct a new high capacity well to replace the existing high capacity well if the new high capacity well will be constructed in accordance with department standards that apply to the construction of new high capacity wells on the date that construction of the replacement high capacity well begins, if the existing high capacity well is filled and sealed as provided in rules promulgated by the department, and if any of the following applies:

a. The purpose of replacement is to remedy or prevent contamination. The owner of the well shall submit documentation of the contamination to the department in the manner and form required by the department.

b. The replacement high capacity well will be drilled to substantially the same depth as the existing high capacity well and either will be located within a 75-foot radius of the existing high capacity well or will be located farther from the nearest groundwater protection area than the existing high capacity well and not be located within any other groundwater protection area.

3. Reconstruct the high capacity well, if the reconstructed high capacity well is constructed to substantially the same depth and specifications as the existing high capacity well.

4. Transfer the approval, concurrent with transferring the land on which the high capacity well is located, to the person to whom the land is transferred.

(b)The department may not impose a fee for any action taken under this subsection.