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Producers await court decisions about Wisconsin’s high-cap well law

A farm group leader says many producers are still waiting to get high-capacity well permits while the state’s new well law is challenged in court.

Wisconsin Potato and Vegetable Growers Association President Tamas Houlihan tells Brownfield he expects the lawsuit filed by Clean Wisconsin against the Department of Natural Resources for issuing permits without a cumulative impact study will end up in the State Supreme Court.  For now, Houlihan says getting a new well permit might be challenging.  He says, “There are areas where there are not a lot of wells and in those areas, if a farmer applies for a high-cap well permit, he can still get it.  So, we have heard that some wells are getting permitted, but in areas where there are already a lot of existing wells, there’s uncertainty.  The DNR itself doesn’t know how to proceed.”

Houlihan tells Brownfield several of their growers are waiting for permits, while others have received their permits.  He says he looks forward to this issue being resolved so farmers have more certainty and the DNR has guidance to do its job.

Houlihan says Wisconsin’s new high-capacity well law does allow existing well owners to repair, replace, and reconstruct the wells and also transfer ownership, and for the most part, it’s been a really good law.