Defender
Fall 2017 we believe everyone deserves clean water and clean air
A Big Win for Wisconsin's Water!
Court upholds constitution, tosses high-capacity well permits By Katie Nekola General Counsel
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very year, dozens of high capacity wells are constructed in Wisconsin, pumping billions of gallons of groundwater for crop irrigation and other uses. The total number of these wells has increased dramatically, especially in the Central Sands region of the state where large-scale agricultural operations demand enormous amounts of water. This excessive pumping has caused lowered lake and river levels in the area, and harmed trout streams, private wells, valuable wetlands, and recreation. Wisconsin law requires the Department of Natural Resources to consider whether a well will have an adverse impact on Wisconsin’s waters when it decides whether to allow new wells to be built. DNR scientists analyze the location of the proposed well, how many other wells are pumping in the same area, and other factors and decide whether a permit should be issued. Last fall, DNR granted permits to over 20 new wells that it had previously decided would harm local water bodies. Clean Wisconsin, with its partner Pleasant Lake Management District, sued DNR, asking the court to invalidate nine of those permits. One of the nine well permit applicants immediately withdrew their permit. In the case, DNR asserted that it does not have the authority or the duty to regulate
For decades, high-capacity wells have been draining aquifers and causing water levels to drop in lakes, rivers, and streams. A recent court victory restores the DNR's power to regulate these wells. Photo courtesy Nicole Harrington.
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PROVE IT
FIRST
Wisconsin's water and communities are under threat by the proposed repeal of our bedrock mining law. By Sarah Barry, Director of Government Relations
Also in this issue
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imply put, sulfide mining—digging for metals like gold, copper, and zinc—is incredibly toxic to water and people. While our laws have protected Wisconsin from the damage of sulfide mining, some in the Capitol are working to make it easier to mine in Wisconsin, threatening our water and communities. Sulfide mining has been labeled as one of the most toxic industries in the country. The sulfide mining industry has accounted for 41 percent of all toxic materials released in the United States since 1997. Six of the World Health Organization’s top ten toxins are released during the metallic mining process including mercury, lead, arsenic, cadmium, asbestos, and particulate air pollution. According to the Environmental Protection Agency, 440,000 acres of land have been polluted by sulfide mining and the U.S. Forest Service reports that 10,000 miles of rivers and streams have been contaminated by acid mine drainage. Mines with high acid generating potential near surface and groundwater, like the sites currently identified in Wisconsin, pose the greatest risk for negative water quality impacts. Twenty years ago, the state legislature passed the common-sense “Prove it First” law with overwhelming bipartisan support, in response to Exxon’s effort to develop the Crandon Mine at the headwaters of the Wolf River in the 1980s and 90s. The law simply requires any
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