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updated 12:45 PM UTC, Oct 22, 2017

Judge Throws Out Seven DNR Permits For High Capacity Wells

  • Written by Wheeler
  • Published in News

The state D-N-R says it's reviewing a judge's decision that canceled seven water permits for high capacity wells.

Dane County Circuit Judge Valerie Bailey Rihn ruled Wednesday that the D-N-R failed to consider the wells' impact on neighboring water resources. The agency used to do that before Attorney General Brad Schimel said it did not have the authority to do so, because of a 2011 Republican law that barred the D-N-R from putting conditions on people that are not included in state laws or agency rules approved by lawmakers. But the judge cited the state's Public Trust Doctrine that gives the D-N-R the authority to protect waters -- and she cited a State Supreme Court ruling that required the agency to study the effect on Lake Beulah before East Troy could install a new village well close by. The environmental group Clean Wisconsin hailed the dismissal of the water permits, saying water is an "infinite" resource that needs to be managed.

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