Shown verbatim: the complete text as captured from the official page posted by the Wisconsin Legislature, fetched 2026-08-23. This is the current version. The official bill page.
2025 - 2026 LEGISLATURE LRB-2231/3 EHS:skw&cjs 2025 ASSEMBLY BILL 882 January 16, 2026 - Introduced by Representatives Tucker and Born, cosponsored by Senator Quinn. Referred to Committee on Environment. An Act to renumber 82.03 (5) (c); to amend 88.90 (1); to create 82.03 (5) (ag) of the statutes; relating to: town authority over the water elevation of an artificial water body created by a dam and recourse due to damage caused by an obstructed waterway. Analysis by the Legislative Reference Bureau Current law grants the Department of Natural Resources the authority to regulate and control the level and flow of water in all navigable waters. This bill gives a town board the authority to prescribe the maximum water elevation for an artificial water body created by a dam that includes the use of a diversion pump and and that is located in the town if the town board has determined that a certain water elevation of that water body causes the road bed of a highway in the town to be saturated. Current law provides a procedure whereby the owner or occupant of any lands damaged by an obstruction in a natural watercourse due to negligent action by the owner, occupant, or person in charge of the land on which the obstruction is located may request and ultimately require removal of the obstruction. The bill specifies that the damage triggering this authority must be due to ground or surface water flooding. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. 82.03 (5) (ag) of the statutes is created to read: 82.03 (5) (ag) Notwithstanding s. 31.02 (2), the town board may prescribe the maximum water elevation for an artificial water body created by a dam that includes the use of a diversion pump and that is located in the town if the town board has determined that a certain water elevation of that water body causes the road bed of a highway in the town to be saturated. Section 2. 82.03 (5) (c) of the statutes is renumbered 82.03 (5) (b) 3. Section 3. 88.90 (1) of the statutes is amended to read: 88.90 (1) Whenever any natural watercourse becomes obstructed so that the natural flow of water along the same is retarded by the negligent action of the owner, occupant, or person in charge of the land on which the obstruction is located, the owner or occupant of any lands damaged due to ground or surface water flooding caused by such obstruction may request the removal thereof by giving notice in writing to such owner, occupant, or person in charge of the land on which the obstruction is located. (end)
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