DNR director authority over dewatering wells.

Authors: Senator Rick Niemeyer


Amends the law concerning the emergency regulation of ground water rights to: (1) include within the definition of "dewatering well" a water well or pump system that is used as part of a mining project to remove water from an area being mined; (2) authorize the director of the department of natural resources (director) to declare a ground water emergency when an investigation discloses that a dewatering well has caused a significant ground water withdrawal facility to fail to produce water in a quantity sufficient for the beneficial use for which the facility owner uses the water; and (3) provide that, in the case of a ground water emergency arising from the failure of a significant ground water withdrawal facility caused by a dewatering well, the timely and reasonable compensation that the director may order for the benefit of the facility owner is limited to: (A) restoring the affected significant ground water withdrawal facility to the facility's former water production capability; or (B) providing to the facility owner an alternative supply of water to replace the water lost through the facility's failure.