Bill On High-Capacity Wells Draws Sharp Debate

The Wisconsin state Senate Agriculture Committee heard testimony Wednesday on a controversial bill involving high-capacity wells.

Opponents say could the plan could accelerate conflicts between different water users, while large farm operators, who back the measure, say they need water for cows and crops.

The bill authored by Sen. Rick Gudex, R-Fond du Lac, could extend permits indefinitely for high-capacity wells without Department of Natural Resources review. Opponents argued Wednesday that the measure could violate Wisconsin’s Public Trust Doctrine, which essentially says the state’s lakes and rivers are public resources for everyone.

David Wright-Racette of the Wisconsin Farmers Union said the bill would create two classes of water users.

“Those who have permits will continue to have access to as much water as they were originally permitted for, while those without permits will be left to fight for whatever remains,” he said.

The bill would also allow a well to be repaired, replaced or transferred to another owner without DNR approval.

Large-scale farms relying on irrigation support the bill, arguing it provides certainty that they’ll get their share and that it wouldn’t allow them take any more water than their original permit.

“Thus the net result of this legislation on new groundwater pumping is zero. There would be no new wells in the ground and no capacity increase in pumping,” said Tamas Houlihan, executive director of the Wisconsin Potato and Vegetable Growers Association.

Democratic Sen. Mark Miller said if the bill becomes law, it could open the state up to lawsuits because of the Public Trust Doctrine concerns. Also opposing the bill were environmental and wildlife groups worried about dry streams and disappearing lakes.

Gudex’s bill is just one of several bills dealing with wells that pump over 100,000 gallons a day. Sen. Rob Cowles is working on another high-capacity well bill, as is Rep. Corey Mason.