Wisconsin Water Laws and Regulations
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 4:40 pm
The Public Trust Doctrine
S. Frye, D. Gallo
History and overview – common law of water rights
Riparian rights: lakes vs. streams/impoundments
Ordinary high water mark (OHWM)
Surface water diversion
Navigable waters and wetlands
Wis. Stat. Ch. 30 permits
Lake issue and public access
Groundwater
Complying with Water Quality Laws and Regulations
M. Frank
Point source regulation, industrial and agricultural permit programs
Non-point stormwater regulation and permitting
Public and private sewer systems
Public water supplies and private wells
Groundwater standards and protection
Understanding Wisconsin Surface Water Rights
S. Frye, D. Gallo
Ownership of surface water
Regulation of surface water rights
• Waters of the United States vs. state jurisdiction
• Wisconsin isolated wetlands and artificial wetlands
Hydrologic restoration
Obtaining surface water rights
Application and permitting process
Amending surface water rights
Buildings in the floodplain
Producer-led watershed planning
Fresh Water Collaborative
Current issues in surface water rights
Drinking Water and Groundwater
S. Frye, D. Gallo
Groundwater quantity
• Ownership/withdrawal rights (reasonable use, overlying property owner)
• Large capacity wells
Groundwater quality/ Wis. Admin. Code ch. NR 140
• The evolving PFAS standards and regulation and PFAS testing grants
CAFO manure, industrial/food processing, septic tanks waste, municipal bio-solids,
water softening lime, commercial fertilizer (nitrate, phosphorus and chloride)
impacts to groundwater
• Nutrient management plans/Snap Plus
Lead service line replacements
Current issues in groundwater rights
Ethical Issues in Water Law and Regulation
S. Frye, D. Gallo
Ethical issues in water use
Ethical issues in real estate development
Ethical issues in water transactions
Wastewater Planning and Compliance
S. Frye, D. Gallo
Adaptive management plan
Water quality trading
Water quality compliance; phosphorus, nitrate, chloride
Storm Water Management
and Urban Nonpoint Source Pollution Prevention
S. Frye, D. Gallo
Storm water management planning
Public information and education activities
Local ordinances affecting storm water discharge (construction site or post-construction
erosion control, pet waste, or illicit discharge management)
Wisconsin runoff rules
Urban TMDL targeted runoff management
Agricultural technical and performance standards
Credits
Wisconsin Attorneys
8.0 WI CLE Hours
(Including 1.0 EPR Hour)
Wisconsin Engineers
6.5 PDHs
(Including 1.0 Ethics Hour)
Certified Floodplain Managers
6.5 ASFPM CECs
Wisconsin Geologists &
Hydrologists
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public. The Wisconsin Board of Bar Examiners has approved it for 8.0 CLE hours, which includes no EPR/GALLAU/LPM hours.
This seminar offers 6.5 PDHs, including 1.0 ethics hour, to Wisconsin engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Wisconsin.
Wisconsin engineers with continuing education requirements in other states will be able to earn the hours from this seminar, in most cases. Refer to specific state rules to determine eligibility.
This seminar extends a continuing education opportunity to Wisconsin geologists and hydrologists. Continuing education is not required at this time in Wisconsin.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Matthew Frank
Murphy Desmond Lawyers S.C.Attorney with Murphy Desmond S.C.
Attorney Frank’s practice focuses on environmental and energy law. He is also chair of the firm’s Business and Real Estate Practice Group. He provides experienced counsel to businesses, start-ups, municipalities, utilities, organizations and individuals in a wide range of environmental and energy matters, helping clients successfully navigate regulatory and legal challenges. Mr. Frank is a former secretary of the Wisconsin Department of Natural Resources (DNR) and assistant attorney general with the Wisconsin Department of Justice (DOJ). During his tenure as DNR secretary from 2007 through 2010, he oversaw the DNR’s regulatory and permitting programs, including air and water quality, waste and recycling, wetlands, groundwater, environmental clean-ups and brownfields restoration. Mr. Frank worked closely with businesses and communities on sustainability initiatives such as the Green Tier program and the Green Tier Legacy Communities Charter. He also worked closely on environmental and natural resource issues with officials in the Environmental Protection Agency, other federal agencies, states across the country, and Wisconsin tribal and local governments. Murphy Desmond has offices in Madison, Appleton, Janesville and Dodgeville.
Sean Frye
Toki & Associates, Inc.Attorney at Axley Brynelson
Mr. Frye specializes in construction, environmental, and water law. While in law school, he worked as a legal research assistant with the Water Law and Policy Initiative at Marquette University Law School. There, he researched emerging legal and policy issues in water resource technology. Mr. Frye, also a licensed professional engineer, has several years of experience as a civil engineer in transportation, construction, and water resources engineering. His experience includes several completed projects as a construction project leader on a variety of transportation projects in the southeast Wisconsin region for the Wisconsin Department of Transportation. This hands-on field experience provides him an in-depth understanding of the clients he represents and challenges that they face in the environmental and construction industries. His academic background includes B.S. and M.S. degrees in Civil Engineering. He also served in the US Army as a Chemical, Biological, Radiological and Nuclear (Haz-Mat) Operations Specialist in the 4th Infantry Division at Fort Hood, TX, which included two long-term deployments to Iraq and Kuwait.
Don Gallo
Axley BrynelsonPartner at Axley Brynelson
Mr. Gallo is a partner in Axley’s Environmental practice group. He has more than 28 years of legal experience and more than 40 years of experience specializing in environmental engineering. Mr. Gallo assists clients on a broad range of environmental issues. He has dealt with cases involving wetland and waterway permitting, air permitting, hazardous waste compliance, insurance remediation cost cap coverage, and transactional issues. Additionally, Mr. Gallo has been successful in assisting owners and developers by working with them on numerous brownfield development projects. He has also assisted clients in obtaining state and federal brownfield grants, zero-interest loan funding and often insurance coverage for environmental cleanup.