293.65 Withdrawal of surface waters; withdrawal of groundwater; damage claims.

235 words·~1 min read·/wi/chapter-293/293-65

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

(1)Scope. This section governs the withdrawal of groundwaters or surface waters by persons engaged in prospecting or mining. Discharges of waters are subject to ch. 283 , construction of necessary dams or other structures is subject to chs. 30 and 31 and construction of wells is subject to ch. 280 , to the extent applicable.

(2)Withdrawal of surface water; permit required.

(a)Any person intending to withdraw surface waters for prospecting or mining shall apply to the department for a permit. The forms and procedures used under s. 30.18 apply to the extent practicable.

(b)The department, upon receipt of an application for a permit, shall determine the minimum stream flow or lake level necessary to protect public rights, the minimum flow or level necessary to protect the rights of affected riparians, the point downstream beyond which riparian rights are not likely to be injured by the proposed withdrawal and the amount of surplus water, as defined in s. 30.01

(6d), if any, at the point of the proposed withdrawal.

(c)At the hearing on the permit application, the department shall take testimony on:

1. The public rights in the lake or stream and the related environment which may be injured by the proposed withdrawal;

2. The public benefits provided by increased employment, economic activity and tax revenues from the mining operation;