MADISON, Wis. (AP) — The state Supreme Court says the Department of Natural Resources must consider high-capacity wells’ impact on navigable waters if the agency has concrete evidence the wells could do harm.
The ruling involves a 2005 DNR permit for a well in East Troy. Conservancy groups argue the DNR didn’t consider the impact on nearby Lake Beulah.
An appeals court ruled the DNR has a duty to consider a well’s impact if the agency has enough evidence of potential harm and ordered the agency to reconsider the permit.
The Supreme Court agreed, adding that DNR officials must use their expertise when deciding whether the record contains enough evidence to trigger that duty. The court affirmed the East Troy permit, however, saying the DNR didn’t have enough evidence to consider the impact.