Attorney General Josh Kaul has restored the state Department of Natural Resources' power to consider, when granting permits, whether high-capacity wells might drain area water bodies.

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In what industry representatives hope is a sign of more good things to come, the Wisconsin Department of Natural Resources is streamlining its high-capacity-wells policies in response to Attorney General Brad Schimel’s May 10 formal opinion on 2011 Wis. Act 21’s limits on agency authority.

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In a step likely to roll back the state’s ability to regulate high-capacity wells, Attorney General Brad Schimel has released an opinion finding the DNR cannot exercise authority that wasn’t explicitly granted it by state statute or rules.

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Assembly Republicans asked Wisconsin's attorney general Tuesday for an opinion on the extent of state environmental officials' authority to regulate high-capacity water wells, a move that could resolve the debate without legislation as lawmakers rush to end their two-year session.

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Wisconsin environmental officials can't impose groundwater monitoring requirements as a condition for high-capacity well permits, an Appleton judge has ruled in a decision that could have far-reaching effects on well construction across the state.

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11-3369 Wehrs v. Wells

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2011AP1547-CR State v. Wells

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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 ...

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