LRB-0565/1
RNK:wlj
2015 - 2016 LEGISLATURE
September 1, 2015 - Introduced by Representatives Wachs, Zamarripa, Sargent,
Johnson, Bowen, Ohnstad, Goyke, Mason, Kolste, Hebl, Milroy, Danou,
Genrich, Pope, Subeck, Spreitzer, Jorgensen, Considine, Billings, C.
Taylor, Brostoff, Riemer, Sinicki, Berceau and Hesselbein, cosponsored by
Senators Vinehout, Miller, Risser, Ringhand and Lassa. Referred to
Committee on Environment and Forestry.
AB323,1,4
1An Act to amend 293.13 (2) (d) 4. and 295.58 (2) (b) 2.; and
to create 295.33 (4m)
2of the statutes;
relating to: prohibiting certain mining and drilling activities
3that cause the destruction or filling in of a lake bed, reservoir, or flowage or that
4cause the withdrawal of water from a reservoir or flowage.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a person engaged in nonferrous metallic
mining or engaged in ferrous metallic mining (iron mining) from destroying or filling
in a lake bed. This general prohibition does not apply to a person engaged in certain
iron mining activities if the Department of Natural Resources (DNR) has issued a
permit authorizing the person to engage in those activities and the permit is issued
in accordance with various laws that regulate wetlands, surface water, or
groundwater. This bill eliminates the exceptions to the general prohibition against
destroying or filling in a lake bed so that the prohibition applies to a person engaged
in iron mining activities regardless of whether DNR has issued other permits for
those activities.
This bill also prohibits DNR from authorizing a person who is engaged in
nonferrous metallic mining or iron mining from destroying or filling in a reservoir
or flowage or from withdrawing water from a reservoir or flowage. Additionally, the
bill prohibits DNR from authorizing a person conducting drilling operations for the
exploration or production of oil or gas to withdraw water from a reservoir or flowage.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB323,1
1Section
1. 293.13 (2) (d) 4. of the statutes is amended to read:
AB323,2,72
293.13
(2) (d) 4. Irreparable environmental damage to lake or stream bodies
3or to reservoirs or flowages despite adherence to the requirements of this chapter.
4This subdivision does not apply to an activity which the department has authorized
5pursuant to statute, except that the destruction or filling in of a lake bed
, reservoir,
6or flowage or the withdrawal of water from a reservoir or flowage shall not be
7authorized notwithstanding any other provision of law.
AB323,2
8Section
2. 295.33 (4m) of the statutes is created to read:
AB323,2,119
295.33
(4m) No person may conduct drilling operations for the exploration for
10or production of oil or gas if the drilling requires the withdrawal of water from a
11reservoir or flowage.
AB323,3
12Section
3. 295.58 (2) (b) 2. of the statutes is amended to read:
AB323,2,1813
295.58
(2) (b) 2. Irreparable substantial environmental damage to lake or
14stream bodies despite adherence to the requirements of this subchapter. This
15subdivision does not apply to an activity that the department has authorized under
16statute, except that the destruction or filling in of a lake bed
, reservoir, or flowage
17or the withdrawal of water from a reservoir or flowage may not be authorized
unless
18it is authorized under notwithstanding s. 295.60, 295.605, or 295.61.
