Wisconsin Ag Connection - Groups Challenging DNR Over High-Capacity Wells

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Groups Challenging DNR Over High-Capacity Wells
Wisconsin Ag Connection - 06/22/2017

The Midwest Environmental Advocates filed friend of the court briefs this week in support of Clean Wisconsin and the Pleasant Lake Management District's recent legal challenge against the Wisconsin Department of Natural Resources over its approval of certain high-capacity wells permits. The litigation claims the agency neglected its authority to protect water quality and quantity when it gave those projects the green light to proceed.

In October of last year, Clean Wisconsin challenged nine high-capacity well applications approved by the DNR, most of which were located in the Central Sands region. They claim the wells would have a negative impact on lakes, streams and other surface waters; and that the department's own findings also showed the permitted wells would negatively impact the waters in question.

"The DNR and Department of Justice continue to hold a position that they have no constrained authority to protect public trust waters," said MEA Legal Council Tressie Kamp. "The courts disagree with the AG's opinion. The DNR's alleged lack of authority is bad for our state's water and the people who depend on our state government to apply sound science to balancing the uses of our limited water resources."

Specifically, the MEA is representing the Central Sands Water Action Coalition in the case. They say the dispute is at the forefront of water protection issues in Wisconsin because of its focus on the Public Trust Doctrine--the constitutional guarantee by the state to uphold the integrity of its surface waters.

Earlier this month, Governor Scott Walker signed a bill that would exempt existing high-capacity wells from a re-application process if its owners want to replace them or sell the property they sit on. The legislation also calls for a study of receding surface water in the Central Sands region.

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