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

482 words·~2 min read·/wi/chapter-293/293-65-2

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;

3. The direct and indirect social and economic costs and benefits of the proposed mining operation;

4. Whether the proposed withdrawal will consume nonsurplus water;

5. The rights of competing users of such water resources; and

6. Any other issues identified by the department as relevant to the decision of whether to issue or deny a permit.

(d)Within 30 days after hearing, the department shall issue or deny a permit. The following standards shall govern the decision of the department:

1. If injury to public rights exceeds the public benefits generated by the mining, the permit shall be denied.

2. If the proposed withdrawal will consume nonsurplus waters, and will unreasonably injure rights of riparians identified by par.

(b)who are beneficially using such waters, the permit shall be denied unless a permit is granted under par.

(e)or all such riparians consent to the proposed withdrawal.

3. In all other cases the permit shall be granted.

(e)The department may require modification of a proposed withdrawal so as to avoid injury to public or riparian rights, and as modified, may grant the permit.

(f)Water withdrawn in accordance with a permit issued under this subsection may be used on nonriparian property.

(g)The department shall maintain continuing jurisdiction over water withdrawal made according to permits issued under this subsection and may modify such permits to prevent undue injury to riparians who gave consent under par.

(d)2. at the time of issuance of the permit.