News

Court rules Wisconsin DNR cannot require well monitoring

A judge in Outagamie County has ruled the Wisconsin Department of Natural Resources does not have the authority to require monitoring as a condition of a high-capacity well permit.

In 2010, a state appeals court ruling gave the DNR authority to consider how high-capacity wells might harm the state’s waters. The State Legislature passed a law the following year which prohibits state agencies from imposing any permit conditions that are not specifically spelled-out in state statute.  Two months later, the State Supreme Court upheld the appellate court ruling supporting the DNR authority.  The high court did not consider the new law in its deliberations.

Last year, New Chester Dairy filed suit challenging the DNR’s requirement that the Adams County dairy farm must monitor groundwater levels and make quarterly reports on two high capacity wells. Last week, Judge Mark McGinnis ruled the DNR lacks the explicit authority to impose those requirements.