AB 881 — Relating to: water diversion or elevation projects in towns.

-Date 2026of LEGISLATUREenactment: LRB-5502/1 EHS:cdc&cjs ASSEMBLY BILL 881 January 16, 2026 - Introduced by Representatives TUCKER and B ORN , cosponsored by Senator Q UINN .

ReferredAssembly toBill Committee881 onDate Environment.of publication*:

WISCONSIN ACT A N A CT to amend 30.18 (8), 31.02 (1) and 87.02 (1);

AnalysisThe bypeople the Legislative Reference Bureau Under this bill, except in the case of an emergency, the Departmentstate of NaturalWisconsin, Resourcesrepresented may not initiate, authorize, or issue a permit for a project located in asen- townquire thatbench involvesmarks the use of stationary or portable pumps or other mechanisms that divert water to locationsbe whereerected, waterupon is not naturally occurring or that raise water elevation above what is naturally occurring unless the town board of the town in which theshall activitybe willate occurand approvesassembly, thedo projectenact byas resolution.follows:

Thisdesignated limits DNR’s general authority under current law to regulate and control the maximum level and flow of water inthat navigablemay watersbe andim- topounded divertand the flowlowest oflevel water of a body of water forthat themay purposebe ofmain- floodSECTION control1. and prevention, including when such a diversion creates an artificial water body.

The30.18 people(8) of the statestatutes ofis Wisconsin,amended representedto intained senateby andany assembly,dam doheretofore enactor ashereafter follows:constructed read:

S30.18 ECTION(8) 1.D EPARTMENT MAY RAISE WATER ELEVA- and maintained and which will affect the level and flow TIONS .

30.18If (8)after ofexamination theand statutesinvestigation isthe amendeddepart- toof read:navigable waters;

30.18and (8)may Dby EPARTMENTorder MAYfix RAISEa WATERlevel ELEVATIONSfor .any ment determines that it is necessary to raise water eleva- body of navigable water below which the same shall not tions in any navigable stream or lake for conservation be lowered except as provided in this chapter;

Ifand aftershall examinationestablish -and 2026maintain Legislaturegauging -stations 2upon -the LRB-5502/1vari- EHS:cdc&cjspurposes, ASSEMBLY BILL 881 SECTION 1 and investigation the department determinesmay, thatif itfunds isare necessaryavailable toous raise water elevations in any navigable streamwaters orof lake for conservation purposes, the departmentstate may,and ifshall fundstake areother available from any source other than license fees and subject to the requirement under s.

31.16, determine and establish thesteps elevationsnecessary to whichdetermine theand waterrecord maythe becharacteris- raisedthe orelevations maintained,to butwhich the water elevation may not be establishedraised belowor themain- normaltics elevation.of such waters.

Iftained, anybut lands are damaged by raising the water levelselevation abovemay normalnot andbe theestablished departmentS cannotECTION acquire3. 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.

S ECTION 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.

S ECTION 3.

-below 2026the Legislaturenormal -elevation. 3 - LRB-5502/1 EHS:cdc&cjs ASSEMBLY BILL 881 SECTION 3 31.16 Projects involving water diversion.

ExceptIf inany thelands caseare ofdamaged an31.16 emergency,Projects theinvolving 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 todiversion. 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.

SExcept ECTIONin 4.the case of an emergency, the department may not ini- by raising the water levels above normal and the depart- ment cannot acquire the right to flow the lands by agree- tiate, authorize, or issue a permit for a project located in ment with the owner, the department may, subject to the a town that involves the use of stationary or portable requirement under s.

87.0231.16, (1)acquire ofthe lands or the statutespumps isor amendedother mechanisms that divert water to read:loca- right to flow the lands by condemnation under ch.

87.0232. (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,tions thatwhere inwater theis casenot ofnaturally navigableoccurring watersor no such work shall substantially impair the navigability thereof and that anyraise suchSECTION project2. located in a town is subject to s.

31.02 (1) of the statutes is amended to the water elevation of a body of water above what is nat- read:

urally occurring unless the town board of the town in 31.02 (1) The department, in the interest of public which the activity will occur approves the project by rights in navigable waters, to promote safety, and to pro- resolution.

tect life, health, property, property values, and economic S ECTION 4.

87.02 (1) of the statutes is amended to values may, subject to the requirement under s.

31.16, read:

regulate and control the level and flow of water in all 87.02 (1) To order the straightening, widening, alter- navigable waters and may erect, or may order and re- ing, deepening, changing or the removing of obstruc- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Assembly Bill 881 tions from the course of any river, watercourse, pond, ters no such work shall substantially impair the naviga- lake, creek, or natural stream, ditch, drain, or sewer, and bility thereof and that any such project located in a town the concentration, diversion, or division of the flow of is subject to s.

(END)water therein;

provided, that in the case of navigable wa-