SB 501 — Relating to: the presumption of riparian rights on navigable waterways.

- 2020 LEGISLATURE LRBs0276/1LRB-4330/1 ZDW&FFK:amnZDW:ahe SENATE SUBSTITUTEBILL AMENDMENT501 1,October TO18, SENATE2019 BILL- 501Introduced Februaryby 12,SenatorsESTIN, 2020IFFANY, -EWLEY, OfferedCRAIG, LSEN , STROEBEL and W ANGGAARD , cosponsored by SenatorESTI,Representatives COWLESandS BTAFSHOLT, EWLEY.FELZKOWSKI , ITTRICH,EDMING ,KRUG , UGLITSCH,M AGNAFICI, URSAU ,QUINN , SANFELIPPO, TAUCHEN and W ICHGERS.

AReferred Nto ACommittee CTon toNatural renumberResources 709.03and (form)Energy. F18.

andA F19.N A CT to create 30.132 of the statutes;

and 709.033 (form) E17.

to E21.;

and to create 30.132, 709.03 (form) F18.

and F19.

and 709.033 (form) E17.

and E18.

of the statutes;

the presumption of riparian rights.rights on navigable waterways.

Analysis by the Legislative Reference Bureau This bill provides that the owner of land that abuts a navigable waterway is presumed to be a riparian owner and is entitled to exercise all rights afforded to a riparian owner unless those rights are specifically prohibited by the deed to the land.

SECTIONS ECTION 1.

30.132 RiparianPresumption of riparian rights.

(1)An DEFINITIONSInowner of land that abuts a navigable waterway is presumed to be a riparian owner and is entitled to exercise all rights afforded to a riparian owner, subject to the requirements of this section:chapter, including the right to place a pier, other structures, or deposits, even if the bed of the - 2020 Legislature - 2 - LRB-4330/1 ZDW:ahe SENATE BILL 501 SECTION 1 waterway is owned in whole or in part by another, unless those rights are specifically prohibited by the deed to the land.

(a) “Commission” means the public service commission.

(b) “Hydroelectric operator” means an operator of a project.

(c) “Project riparian” means an owner of land that abuts a navigable waterway, the abutting bed of which is owned by a hydroelectric operator.

(d) “Project” means a hydroelectric project regulated by the federal energy regulatory commission or the department.

LRBs0276/1 - 2020 Legislature - 2 - ZDW&FFK:amn S ECTION 1 (2) PRESUMPTION OF RIPARIAN RIGHTS.An owner of land that abuts a navigable waterway is presumed to be a riparian owner and is entitled to exercise all rights afforded to a riparian owner, including the right to place a pier, other structures, or deposits, even if the bed of the waterway is owned in whole or in part by another, unless those rights are specifically prohibited by the deed to the land, written agreement, or other recorded instrument.

The exercise of these riparian rights is subject to the requirements of this chapter and, if the waterway is within the boundaries of a project, the reasonable restrictions imposed by the hydroelectric operator necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license.

(3) P ROJECT RIPARIAN RIGHTS.(a) Application to exercise riparian rights.

A project riparian may make written application to the applicable hydroelectric operator for permission to exercise a riparian right in a waterway within the boundaries of a project, including the right to place a pier or other structures or deposits and the right to modify an existing structure authorized under par.

(b), subject to the requirements of this chapter.

The hydroelectric operator shall approve or deny an application under this paragraph no later than 60 days after receiving the application.

The hydroelectric operator may deny an application under this paragraph only if necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license but may approve the application subject to reasonable restrictions necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license.

The hydroelectric operator may charge an applicant a reasonable fee to cover LRBs0276/1 - 2020 Legislature - 3 - ZDW&FFK:amn SECTION 1 the hydroelectric operator's administrative costs related to a structure or deposit that is approved under this paragraph.

(b) Existing structures.

Notwithstanding par.

(a), a project riparian may maintain a structure that was placed in a waterway within the boundaries of a project prior to the effective date of this paragraph ....

[LRB inserts date], subject to the requirements of this chapter and the reasonable restrictions imposed by the hydroelectric operator necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license.

A hydroelectric operator may not charge a fee related to a structure authorized under this paragraph unless a fee is provided for in an agreement between the hydroelectric operator and the project riparian that existed prior to the effective date of this paragraph ....

[LRB inserts date].

(c) Appeal to the commission.

A project riparian whose application is denied or approved with restrictions or who is charged an unreasonable fee under this subsection may appeal in writing to the commission.

The commission may investigate the appeal and issue an order based on its investigation.

The commission may not issue an order under this paragraph without a public hearing conducted in accordance with s.

196.26 (2).

(d) Immunity from liability.

A hydroelectric operator is not liable to any person for any injury or damage arising from a project riparian's use of the hydroelectric operator's property as provided in this section.