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2016 Op. Wis. Att'y Gen. 1 (2016)

handle is hein.sag/sagwi0108 and id is 1 raw text is: 


            STATE  OF WISCONSIN
            DEPARTMENT OF JUSTICE

BRAD D. SCHIMEL                                                       114 East, State Capitol
ATTORNEY GENERAL                                                      P.O. Box 7857
                                                                      Madison,WI 53707-7857
Andrew C. Cook                                                        608/266-1221
Deputy Attorney General                                               TTY 1-800-947-3529



                                      May  10, 2016

                                                                       OAG-01-16

      The Honorable Robin Vos
      Chairperson
      Assembly Committee on Organization
      211 West, State Capitol
      Madison, WI 53702

      Dear Representative Vos:

            T 1. The  Wisconsin State Assembly, through your request as Chair of the

      Assembly Committee on Organization, asks for my opinion on the application of Wis.

      Stat. § 227.10(2m), as enacted by 2011 Wisconsin Act 21, to the issuance of high

      capacity groundwater well withdrawal permits. You specifically inquire about: (1) the

      interpretation of the Supreme Court's opinion in Lake Beulah Management District

      v. Department of Natural Resources, 2011 WI 54, 355 Wis. 2d 47, 799 N.W.2d 73,

      regarding high capacity well permitting; (2) whether Wis. Stat. §§ 281.11-.12 gives

      the Department of Natural Resources (DNR) authority to impose monitoring well

      conditions or require cumulative impact evaluations for high capacity well permits;

      (3) whether the Legislature has delegated public trust authority to the DNR for

      conditioning high capacity well permits; and (4) whether there exists other explicit

      statutory authority permitting DNR to impose monitoring wells or cumulative impact

      conditions on high capacity well permits.

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