Wisconsin Attorney General Withdraws Predecessor's Stance on Permit Process for High-Capacity Wells
Tuesday, May 5th, 2020 -- 8:41 AM
(Wisconsin Ag Connection) -Wisconsin's attorney general is reversing one of his predecessor's stances on the permit process for high-capacity wells.Last week, Josh Kaul informed the Wisconsin Department of Natural Resources that he is withdrawing a 2016 opinion by then-AG Brad Schimel, who concluded that the DNR does not have the legal right to regulate such wells based on how they could potentially effect nearby bodies of water. In a letter to DNR Secretary Preston Cole, Kaul explained that two court orders have undermined the legal analysis of that 2016 opinion, so therefore it is no longer valid. As Wisconsin Ag Connection reported at the time, the issue was brought to light after the DNR placed a condition on Kinnard Farms' permit that required on-going groundwater monitoring to make sure the Kewaunee County operation's large withdrawals of water didn't effect local water tables.
The farm's owners felt the added conditions went beyond the DNR's authority, so they appealed. That prompted a different ruling by the DOJ, which stated that such actions would violate Wisconsin law. The matter has since went through various court hearings and was even referred to the state Supreme Court in 2019.
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