LRB-0645/1
RNK:jld:rs
2007 - 2008 LEGISLATURE
February 22, 2007 - Introduced by Representatives Albers, Molepske, Townsend,
A. Ott, Mursau and
Hahn, cosponsored by Senators S. Fitzgerald, Lassa and
Olsen. Referred to Committee on Agriculture.
AB117,1,3
1An Act to create 31.045 (3) of the statutes;
relating to: requiring certain
2approvals for the construction, enlargement, or modification of a dam that
3affects the water level of a drain.
Analysis by the Legislative Reference Bureau
Under current law, drainage boards govern drainage districts that operate
drains for agricultural lands owned by two or more persons. An individual
landowner may also install a drain on not more than 80 acres of agricultural lands
if the landowner presents a petition to the drainage board or, if there is no drainage
board in the county, to the appropriate town supervisors and if the drainage board
or town supervisors, after a hearing, order that the drain be constructed.
Current law also provides that a person may not construct, operate, or maintain
a dam without a permit issued from the Department of Natural Resources. This bill
specifies that a person who obtains a permit to construct, enlarge, or modify a dam
may not construct, enlarge, or modify the dam unless the person first obtains written
approvals from certain persons if the activity for which the permit was issued will
change the water level of a drain passing through or along agricultural lands and if
the change in that water level will cause a change to the benefits accruing to the
agricultural lands. The approvals, if required, must be obtained from every owner
of agricultural land through or along which the drain passes if benefits accrue to that
agricultural land from the drain.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB117, s. 1
1Section
1. 31.045 (3) of the statutes is created to read:
AB117,2,52
31.045
(3) (a) A person who obtains a permit under this chapter to construct,
3enlarge, or modify a dam may not construct, enlarge, or modify the dam unless the
4person first obtains written approvals from the persons specified under par. (b) if all
5of the following apply:
AB117,2,86
1. The activity for which the permit was issued will change the water level of
7a drain in a drainage district organized under ch. 88 or the water level of a drain that
8is constructed under an order issued under s. 88.94.
AB117,2,109
2. The change in the water level of the drain will cause a change to the benefits
10accruing to agricultural lands through or along which the drain passes.
AB117,2,1411
(b) A person who is required to obtain written approval under par. (a) shall
12obtain that approval from every owner of agricultural land through or along which
13the drain specified under par. (a) passes if benefits accrue to that agricultural land
14from the drain.
