Section 820.12. Definitions.

  In this chapter:

(1)  "Approval" means an approval issued by the department under s. 281.17 (1) , 2001 Stats., s. 281.34 (2) or 281.41 , Stats., prior to construction of a high capacity well.

(2)  "Class 1 trout stream" means a stream, portion of a stream or a farm drainage ditch with a prior stream history that contains a self-sustaining population of trout and is classified as such in Wisconsin Department of Natural Resources publication PUB-FH-806 2002, Wisconsin Trout Streams. Farm drainage ditches that support self-sustaining populations of trout but do not have a prior stream history are not trout streams for purposes of this chapter.

(3)  "Class 2 trout stream" means a stream, portion of a stream or a farm drainage ditch with a prior stream history that contains a population of trout made up of one or more age groups, above the age one year, in sufficient numbers to indicate substantial survival from one year to the next, but in which stocking is necessary to fully utilize the available trout habitat or to sustain the fishery and is classified as such in Wisconsin Department of Natural Resources publication PUB-FH-806 2002, Wisconsin Trout Streams. Farm drainage ditches that meet these criteria but do not have a prior stream history are not trout streams for purposes of this chapter.

(4)  "Class 3 trout stream" means a stream or portion of a stream that has marginal trout habitat with no natural reproduction of trout occurring, requiring annual stocking of trout to provide trout fishing, and generally without carryover of trout from one year to the next and is classified as such in Wisconsin Department of Natural Resources publication PUB-FH-806 2002, Wisconsin Trout Streams. Farm drainage ditches that meet these criteria but do not have a prior stream history are not trout streams for the purpose of this chapter.

(5)  "Consumptive use coefficient" has the meaning specified in s. NR 142.02 (4) .

(6)  "Department" means the department of natural resources.

(7)  "80% exceedance flow" means the flow in a stream that, based on statistical probability, will be exceeded 80% of the time on an annual basis.

(8)  "Groundwater management area" means a multi-jurisdictional area including towns, cities, villages and counties within which the level of the groundwater potentiometric surface in any of its underlying aquifers has been reduced by 150 feet or more from the level at which the potentiometric surface would be if no groundwater withdrawals had occurred.

(9)  "Groundwater protection area" has the meaning specified in s. 281.34 (1) (a) , Stats.

(10)  "High capacity property" has the meaning specified in s. NR 812.07 (52) .

(11)  "High capacity well" has the meaning specified in s. 281.34 (1) (b) , Stats.

(12)  "High capacity well system" has the meaning specified in s. NR 812.07 (53) .

(13)  "Local governmental unit" has the meaning specified in s. 281.34 (1) (c) , Stats.

(14)  "One property" has the meaning specified in s. NR 812.07 (68) .

(15)  "Owner" has the meaning specified in s. 281.34 (1) (d) , Stats.

(16)  "Potentiometric surface" has the meaning specified in s. 281.34 (1) (e) , Stats.

(17)  "Prior stream history" means a determination made by the department that an artificial waterway or a portion of such waterway was originally a navigable stream before it was ditched or channelized.

(18)  "Reconstruction" has the meaning specified in s. NR 812.07 (85) .

(19)  "Significant adverse environmental impact" means alteration of groundwater levels, groundwater discharge, surface water levels, surface water discharge, groundwater temperature, surface water temperature, groundwater chemistry, surface water chemistry, or other factors to the extent such alterations cause significant degradation of environmental quality including biological and ecological aspects of the affected water resource.

(20)  "Spring" has the meaning specified in s. 281.34 (1) (f) , Stats.

(21)  "Water loss" has the meaning specified in s. 281.34 (1) (g) , Stats.

(22)  "Well" has the meaning specified in s. 281.34 (1) (h) , Stats.

History: CR 06-121 : cr. Register August 2007 No. 620 , eff. 9-1-2007.

Note

Copies of this document may be obtained from the Department of Natural Resources, Bureau of Fisheries Management and Habitat Protection, 101 South Webster Street, Natural Resources Building, PO Box 7921, Madison, Wisconsin 53707-7921. Microsoft Windows NT 6.1.7601 Service Pack 1 s. NR 142.02 (4) defines "consumptive use coefficient" to mean "a constant numerical measure, as determined under s. NR 142.04 (1) to (4) which is used to determine the consumptive use portion of a facility's withdrawal". Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (a) , Stats., defines "groundwater protection area" to mean "an area within 1,200 feet of any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1(a) An outstanding resource water identified under s. 281.15 that is not a trout stream. Microsoft Windows NT 6.1.7601 Service Pack 1(b) An exceptional resource water identified under s. 281.15 that is not a trout stream. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) A class 1, class 2, or class 3 trout stream, other than a class 1, class 2, or class 3 trout stream that is a farm drainage ditch with no prior stream history as identified under sub. (8) (a). Microsoft Windows NT 6.1.7601 Service Pack 1 s. NR 812.07 (52) defines "high capacity property" to mean "one property on which a high capacity well system exists or is to be constructed." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (b) , Stats., defines "high capacity well" to mean "a well that, together with all other wells on the same property, has a capacity of more than 100,000 gallons per day." Microsoft Windows NT 6.1.7601 Service Pack 1 s. NR 812.07 (53) defines "high capacity well system" to mean "one or more wells, drillholes, or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drillholes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting, or based on the flow rate." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (c) , Stats., defines "local governmental unit" to mean a "city, village, town, county, town sanitary district, utility district under s. 66.0827 that provides water, public inland lake protection and rehabilitation district that has town sanitary district powers under s. 33.22 (3) , joint local water authority created under s. 66.0823 or municipal water district under s. 198.22 . Microsoft Windows NT 6.1.7601 Service Pack 1 s. NR 812.07 (68) defines "one property" to mean "all contiguous land controlled by one owner, lessee, or any other person having a possessory interest. Lands under single ownership bisected by highways or railroad right-of-ways are considered contiguous." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (d) , Stats., defines "owner" to mean "a person who owns property on which a well is located or proposed to be located or the designated representative of that person." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (e) , Stats., defines "potentiometric surface" to mean "a measure of pressure of groundwater in an aquifer based on the level to which groundwater will rise in a well placed in the aquifer." Microsoft Windows NT 6.1.7601 Service Pack 1 s. NR 812.07 (85) defines "reconstruction" to mean "modifying the original construction of a well. Reconstruction includes, but is not limited to deepening, lining, installing or replacing a screen, underreaming, hydrofracturing and blasting." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (f) , Stats., defines "spring" to mean "an area of concentrated groundwater discharge occurring at the surface of the land that results in a flow of at least one cubic foot per second at least 80% of the time." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (g) , Stats., defines "water loss" to mean "a loss of water from the basin from which it is withdrawn as a result of interbasin diversion, as defined in s. 281.35 (1) (g) or consumptive use or both." Microsoft Windows NT 6.1.7601 Service Pack 1 s. 281.34 (1) (h) , Stats., defines "well" to mean "any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater." Microsoft Windows NT 6.1.7601 Service Pack 1