Water diversion or elevation projects in towns, the official text

2025 - 2026 LEGISLATURE
LRB-5502/1
EHS:cdc&cjs

2025 ASSEMBLY BILL 881
January 16, 2026 - Introduced by Representatives Tucker and Born, cosponsored by Senator Quinn. Referred to Committee on Environment.

An Act to amend 30.18 (8), 31.02 (1) and 87.02 (1); to create 31.16 of the statutes; relating to: water diversion or elevation projects in towns.

Analysis by the Legislative Reference Bureau
Under this bill, except in the case of an emergency, the Department of Natural Resources may not initiate, authorize, or issue a permit for a project located in a town that involves the use of stationary or portable pumps or other mechanisms that divert water to locations where water is not naturally occurring or that raise water elevation above what is naturally occurring unless the town board of the town in which the activity will occur approves the project by resolution. This limits DNR’s general authority under current law to regulate and control the level and flow of water in navigable waters and to divert the flow of water of a body of water for the purpose of flood control and prevention, including when such a diversion creates an artificial water body.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 30.18 (8) of the statutes is amended to read:
30.18 (8) Department may raise water elevations. If after examination
and investigation the department determines that it is necessary to raise water elevations in any navigable stream or lake for conservation purposes, the department may, if funds are available from any source other than license fees and subject to the requirement under s. 31.16, determine and establish the elevations to which the water may be raised or maintained, but the water elevation may not be established below the normal elevation. If any lands are damaged by raising the water levels above normal and the department cannot acquire the right to flow the lands by agreement with the owner, the department may, subject to the requirement under s. 31.16, acquire the lands or the right to flow the lands by condemnation under ch. 32.
Section 2. 31.02 (1) of the statutes is amended to read:
31.02 (1) The department, in the interest of public rights in navigable waters, to promote safety, and to protect life, health, property, property values, and economic values may, subject to the requirement under s. 31.16, regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters.
Section 3. 31.16 of the statutes is created to read:

31.16 Projects involving water diversion. Except in the case of an emergency, the department may not initiate, authorize, or issue a permit for a project located in a town that involves the use of stationary or portable pumps or other mechanisms that divert water to locations where water is not naturally occurring or that raise the water elevation of a body of water above what is naturally occurring unless the town board of the town in which the activity will occur approves the project by resolution.
Section 4. 87.02 (1) of the statutes is amended to read:
87.02 (1) To order the straightening, widening, altering, deepening, changing or the removing of obstructions from the course of any river, watercourse, pond, lake, creek, or natural stream, ditch, drain, or sewer, and the concentration, diversion, or division of the flow of water therein; provided, that in the case of navigable waters no such work shall substantially impair the navigability thereof and that any such project located in a town is subject to s. 31.16.
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