Committee advances bill setting response timeline for groundwater withdrawal complaints after amendment

Senate Bill 28, presented by Senator Glick, creates a process for owners or operators of significant groundwater withdrawal facilities to file complaints with the Department of Natural Resources when withdrawals allegedly cause another well to fail or fail to furnish potable water.

Under the bill’s definitions, a "significant groundwater withdrawal facility" is defined in committee as a facility withdrawing at least 100,000 gallons. The bill requires the DNR director to open an investigation upon receipt of a complaint and provides remedies limited to temporary provision of potable water and reimbursement of reasonable expenses; it also contemplates a hearing if a party rejects a DNR order.

Committee members expressed concern about timing and practicality. The original draft required DNR to investigate within 72 hours of a written complaint. Sponsor amendment altered that time frame to 5–7 business days to reduce the fiscal impact of an immediate 72‑hour requirement and to allow for receipt of written notices (which may be electronic or mail). Several senators and the sponsor emphasized that "time is of the essence" when livestock are affected: "If it's a livestock operation, you only have a very short period of time to address an emergency situation," a sponsor witness said, and the committee acknowledged livestock could die if water is not provided quickly.

The amended bill was adopted by consent and advanced by roll call. The committee recorded the vote in favor, and the clerk announced the bill passed 13‑0.