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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.