Groundwater rule (NR 820) to govern some high capacity wells

Background
The Groundwater Protection Act and proposed implementing rules only apply to a limited set of waters such as trout streams, outstanding resource waters (ORWs) and Exceptional Resource Waters (ERWs). In the case of lakes, only those lakes designated as ORWs (there are no lakes designated as ERWs) are covered under the statute.

ORWs typically do not have any direct discharges of pollutants from sources such as industry or municipal sewage treatment plants. Currently there are 97 lakes and 6 flowages designated as ORWs; 99% of Wisconsin’s 15,000 lakes are not covered under Wisconsin’s current groundwater law.

While the current groundwater law does not adequately address the needs of all Wisconsin lakes, these proposed administrative rules can offer important protections to ORW lakes.

WAL’s concerns
These rules are an important first step toward needed improvements in groundwater management and planning. However the Wisconsin Association of Lakes has the following concerns:

1. All proposed high capacity wells near ORW lakes should go through the Environmental Assessment process.
   
   An Environmental Assessment is a fact gathering process to help determine whether a project will have a significant environmental impact. A provision within the proposed rule would allow DNR to conclude—based only on information provided in a high capacity well permit application—that proposed pumping would not cause a significant environmental impact. This determination would not require an Environmental Assessment. Without performing the detailed analysis required in an Environmental Assessment, it is not clear how DNR could make the determination of no significant environmental impact.


2. The DNR must consider the cumulative impacts of multiple high capacity wells near protected lakes, rivers/streams, and springs.
   
   The proposed rule does not directly address cumulative impacts from multiple wells near a protected lake, river, stream, or spring.


3. Potential negative impacts from groundwater pumping near seepage lakes must be fully addressed.
   
   The proposed rule specifically addresses drainage lakes, where most water comes from surface water flow such as rivers. The rule does not specifically address seepage lakes, where most water comes from groundwater flow. Seepage lakes can be significantly impacted by nearby groundwater pumping. To prevent potential impacts on seepage lakes, the rules should require high capacity well applicants to provide information on the lake’s water level (current and historical) as well as the amount of groundwater flow into and out of the lake.


4. Public notice should be given before DNR approves a high capacity well near a protected lake, river, stream, or spring.
   
   The proposed rule does not include any requirement of public notice prior to a decision to approve a high capacity well. Lakefront property owners, lake users, and other concerned citizens need an opportunity to comment on specific high capacity well permit applications.


5. The definition of “Significant adverse environmental impact” must also include considerations of biological and ecological impacts from groundwater pumping.
   
   The proposed rule’s definition of the term “significant adverse environmental impact” includes consideration of impacts on groundwater and surface water levels and flows, water temperature, and water chemistry. It does not include biological and ecological impacts that could result from groundwater pumping; impacts such as habitat degradation and changes in lake conditions that allow plant, animal, and fish species to thrive.

Download proposed administrative rule (NR 820)