Section 820.31. High capacity wells near springs.

 

(1)  For any application for approval of a high capacity well under s. 281.34 , Stats., the department shall determine if there is a spring, as defined in this chapter, located in the vicinity of the proposed well.

(2)  If the department determines that a proposed high capacity well is located near a spring the department shall assess the proposed well to determine whether construction and operation of the well will result in substantially reduced flow from the spring and significant adverse environmental impact to the spring. The department shall consider the location of the well relative to the spring, well construction details, information regarding construction and operation of all other wells on the property, available information concerning the geology and hydrogeology of the area, historical flow data for the spring and other pertinent information.

(3)  If the department determines that construction and operation of the proposed high capacity well will not result in a substantial reduction in flow from the spring or result in significant adverse environmental impact to the spring, the department may approve the proposed well and shall include in any approval issued using the standards under s. 281.34 , Stats., conditions to ensure that the well will not result in significant adverse environmental impact to the spring. The conditions may include but are not limited to conditions as to location, depth of casing, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, ultimate use and conservation measures.

(4)  All of the following provisions shall apply to proposed high capacity wells that are determined to reduce flow in a spring such that significant adverse environmental impact to the spring or related aquatic and terrestrial resources may result:

(a) The department shall notify the applicant that the proposed high capacity well may have a significant adverse environmental impact on a spring and may require additional information concerning flow characteristics of the affected spring, site-specific geologic and hydrogeologic information, a discussion and analysis of alternative well locations, and pertinent regional information.

(b) Within 65 business days of receipt of a complete application, the department shall identify additional informational requirements necessary to evaluate the proposed well and may determine that the applicant shall develop and submit an environmental impact report in accordance with ch. NR 150 .

(c) Following receipt of the requested information, the department shall follow the environmental analysis procedures of ch. NR 150 .

(d) If the department determines that operation of the proposed high capacity well will not result in significant adverse environmental impact to the spring and related resources, the department shall approve the well and include in any approval issued under s. 281.34 , Stats., conditions to ensure that operation of the proposed well will not cause significant adverse environmental impacts to the spring or critical resources related to the spring. The conditions may include but are not limited to conditions as to location, depth of casing, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, ultimate use and conservation measures. The department may approve a proposed high capacity well that is predicted to result in a reduction of flow in a spring only if the predicted reduction would not cause permanent and irreversible impacts to the spring and related resources. The department may not approve a proposed high capacity well that is predicted to result in a reduction in flow from a spring such that the spring does not flow at one cubic foot per second or greater at least 80% of the time or that will reduce the average annual flow from a spring by greater than 20%.

(5)  As part of an approval issued using the standards under s. 281.34 , Stats., the department may require the owner of the high capacity well to implement a monitoring plan to document conditions of the spring and related resources and based on results of the monitoring program may revise the approval.

History: CR 06-121 : cr. Register August 2007 No. 620 , eff. 9-1-2007; CR 13-022 : am. (4) (b), (c) Register March 2014 No. 699 , eff. 4-1-14; correction in (4) (c) made under s. 13.92 (4) (b) 7. , Stats., Register March 2014 No. 699 .