SB523-SSA1,48,1916 (j) "Facility" means an operating plant or establishment providing electricity
17to the public or carrying on any manufacturing activity, trade, or business on one site,
18including similar plants or establishments under common ownership or control
19located on contiguous properties.
SB523-SSA1,48,2120 (je) "Great Lakes basin" means the watershed of the Great Lakes and the St.
21Lawrence River upstream from Trois—Rivieres, Quebec.
SB523-SSA1,48,2322 (ji) "Great Lakes basin ecosystem" means the interacting components of air,
23land, water, and living organisms, including humans, within the Great Lakes basin.
SB523-SSA1,49,224 (k) "Interbasin transfer" means a transfer of water from the Great Lakes basin
25into a watershed outside of the Great Lakes basin or from the watershed of one of the

1Great Lakes into that of another, except that "interbasin transfer" does not include
2any of the following:
SB523-SSA1,49,53 1. The transfer of a product produced in the Great Lakes basin or in the
4watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of
5the Great Lakes basin or out of that watershed.
SB523-SSA1,49,86 2. The transmission of water within a line that extends outside the Great Lakes
7basin as it conveys water from one point to another within the Great Lakes basin if
8no water is used outside the Great Lakes basin.
SB523-SSA1,49,109 3. The transfer of bottled water from the Great Lakes basin in containers of
105.7 gallons or less.
SB523-SSA1,49,1211 (km) "Intrabasin transfer" means the transfer of water from the watershed of
12one of the Great Lakes into the watershed of another of the Great Lakes.
SB523-SSA1,49,1613 (o) "Product" means something produced by human or mechanical effort or
14through agricultural processes and used in manufacturing, commercial, or other
15processes or intended for intermediate or ultimate consumers, subject to all of the
16following:
SB523-SSA1,49,1717 1. Water used as part of the packaging of a product is part of the product.
SB523-SSA1,49,2018 2. Other than water used as part of the packaging of a product, water that is
19used primarily to transport materials in or out of the Great Lakes basin is not a
20product or part of a product.
SB523-SSA1,49,2221 3. Except as provided in subd. 1., water that is transferred as part of a public
22or private supply is not a product or part of a product.
SB523-SSA1,49,2423 4. Water in its natural state, such as in lakes, rivers, reservoirs, aquifers, or
24water basins, is not a product.
SB523-SSA1,50,4
1(pm) "Public water supply" means water distributed to the public through a
2physically connected system of treatment, storage, and distribution facilities that
3serve a group of largely residential customers and that may also serve industrial,
4commercial, and other institutional customers.
SB523-SSA1,50,95 (ps) "Reasonable supply alternative" means a supply alternative that is similar
6in cost to, and as environmentally sustainable and protective of public health as, the
7proposed new or increased interbasin transfer and that does not have greater
8adverse environmental impacts than the proposed new or increased interbasin
9transfer.
SB523-SSA1,50,1410 (q) "Regional body" means the body consisting of the governors of Illinois,
11Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and
12the premiers of Ontario and Quebec, Canada, or their designees, as established by
13the Great Lakes—St. Lawrence River Basin Sustainable Water Resources
14Agreement.
SB523-SSA1,50,2115 (r) "Source watershed" means the watershed from which a withdrawal
16originates. If water is withdrawn directly from a Great Lake or from the St.
17Lawrence River, then the source watershed is the watershed of that Great Lake or
18the watershed of the St. Lawrence River, respectively. If water is withdrawn from
19the watershed of a stream that is a direct tributary to a Great Lake or a direct
20tributary to the St. Lawrence River, then the source watershed is the watershed of
21that Great Lake or the watershed of the St. Lawrence River, respectively.
SB523-SSA1,50,2522 (t) "Straddling community" means any city, village, or town that is partly
23within the Great Lakes basin or partly within the watersheds of 2 of the Great Lakes
24and that is wholly within any county that lies partly or completely within the Great
25Lakes basin.
SB523-SSA1,51,2
1(w) "Water dependent natural resources" means the interacting components of
2land, water, and living organisms affected by the waters of the Great Lakes basin.
SB523-SSA1,51,53 (wm) "Water loss" means the amount of water that is withheld from or not
4returned to the basin from which it is withdrawn as a result of an interbasin transfer
5or consumptive use or both.
SB523-SSA1,51,76 (wp) "Water supply system," when not preceded by "public," means one of the
7following:
SB523-SSA1,51,98 1. Except as provided in subd. 2., the equipment handling water from the point
9of intake of the water to the first point at which the water is used.
SB523-SSA1,51,1110 2. For a system for providing a public water supply, the equipment from the
11point of intake of the water to first point at which the water is distributed.
SB523-SSA1,51,1312 (wr) "Water utility" means a public utility, as defined in s. 196.01 (5), that
13furnishes water.
SB523-SSA1,51,1614 (x) "Waters of the Great Lakes basin" means the Great Lakes and all streams,
15rivers, lakes, connecting channels, and other bodies of water, including tributary
16groundwater, within the Great Lakes basin.
SB523-SSA1,51,1717 (y) "Withdraw" means to take water from surface water or groundwater.
SB523-SSA1,51,2018 (z) "Withdrawal" means the taking of water from surface water or groundwater,
19including the taking of surface water or groundwater for the purpose of bottling the
20water.
SB523-SSA1,52,221 (zm) "Without adequate supplies of potable water" means without a water
22supply that is economically and environmentally sustainable in the long term to
23meet reasonable demands for a water supply in the quantity and quality that
24complies with applicable drinking water standards, is protective of public health, is
25available at a reasonable cost, and does not have adverse environmental impacts

1greater than those likely to result from the proposed new or increased interbasin
2transfer.
SB523-SSA1,52,6 3(2) Determinations concerning applicability of requirements. (a) Use of
4surface water divide.
For the purposes of this section, the surface water divide is used
5to determine whether a withdrawal or transfer of surface water or groundwater is
6from the Great Lakes basin.
SB523-SSA1,52,107 (b) Transfers and withdrawals from more than one source. For the purposes
8of this section, the interbasin transfer or withdrawal of water from more than one
9source within the Great Lakes basin to supply a single facility or public water supply
10system is considered one interbasin transfer or withdrawal.
SB523-SSA1,52,1211 (c) Water loss. The department shall promulgate rules for determining the
12amount of water loss from consumptive uses.
SB523-SSA1,52,1513 (d) County boundaries. For the purposes of sub. (1) (d) and (t), a county's
14boundaries as of December 13, 2005, shall be used to determine whether a county lies
15partly within the Great Lakes basin.
SB523-SSA1,52,1816 (e) Public trust doctrine. Nothing in this section or s. 281.343 may be
17interpreted to change the application of the public trust doctrine under article IX,
18section 1, of the Wisconsin Constitution.
SB523-SSA1,53,2 19(3) Statewide registration and reporting. (a) 1. Any person who, on the first
20day of the 36th month beginning after the effective date of this subdivision ....
21[revisor inserts date], or, for a withdrawal from the Great Lakes basin, on the
22compact's effective date if that is sooner, has a water supply system with the capacity
23to make a withdrawal from the waters of the state averaging 100,000 gallons per day
24or more in any 30-day period or is making any interbasin transfer shall register the

1withdrawal or interbasin transfer with the department by the deadline specified by
2the department by rule.
SB523-SSA1,53,143 2. Any person who, after the first day of the 36th month beginning after the
4effective date of this subdivision .... [revisor inserts date], or, if the withdrawal is from
5the Great Lakes basin, on the compact's effective date if that is sooner, proposes to
6begin a withdrawal from the waters of the state using a water supply system that will
7have the capacity to withdraw an average of 100,000 gallons per day or more in any
830-day period, to increase the capacity of a water supply system that existed on the
9first day of the 36th month beginning after the effective date of this subdivision ....
10[revisor inserts date], or, if the withdrawal is from the Great Lakes basin, on the
11compact's effective date if that is sooner, so that it will have the capacity to withdraw
12an average of 100,000 gallons per day or more in any 30-day period, or to begin an
13interbasin transfer shall register the withdrawal or interbasin transfer with the
14department.
SB523-SSA1,53,1615 (b) A person to whom par. (a) applies shall register on a form prescribed by the
16department and provide all of the following information:
SB523-SSA1,53,1717 1. The name and address of the registrant and the date of registration.
SB523-SSA1,53,1818 2. The locations and sources of the withdrawal or interbasin transfer.
SB523-SSA1,53,2019 3. The daily capacity of the withdrawal or interbasin transfer and the daily
20capacity to withdraw or transfer from each source.
SB523-SSA1,53,2221 4. An estimate of the volume of the withdrawal or interbasin transfer in terms
22of gallons per day average in any 30-day period.
SB523-SSA1,53,2323 5. The uses made of the water.
SB523-SSA1,53,2424 6. The places at which the water is used.
SB523-SSA1,53,2525 7. The places at which any of the water is discharged.
SB523-SSA1,54,1
18. Whether the water use is continuous or intermittent.
SB523-SSA1,54,22 9. Whether the person holds a permit under s. 283.31.
SB523-SSA1,54,33 10. Other information required by the department by rule.
SB523-SSA1,54,54 (c) The department shall maintain a registry containing the information
5provided under par. (b).
SB523-SSA1,54,86 (cm) The department may consider domestic security concerns when
7determining whether information regarding locations of withdrawals and interbasin
8transfers contained in the registry under par. (c) may be released to the public.
SB523-SSA1,54,159 (e) 1. Each person who makes a withdrawal from the waters of the state that
10averages 100,000 gallons per day or more in any 30-day period or transfers from the
11Great Lakes basin any amount and who has registered the withdrawal or interbasin
12transfer under par. (a) shall annually report to the department the monthly volumes
13of withdrawal, whether the person ever withdraws at least 1,000,000 gallons per day
14for 30 consecutive days, and, if applicable, the volumes of interbasin transfer and,
15subject to par. (em), water loss from consumptive use.
SB523-SSA1,54,1916 2. In addition to the information required under subd. 1., the department may,
17by rule, create different reporting frequencies or require additional information from
18a person who registers a withdrawal, or interbasin transfer under par. (a) based upon
19the type or category of water use.
SB523-SSA1,54,2420 (em) If a person to whom par. (e) 1. applies provides any of the water that the
21person withdraws to a public water supply system, the person who operates the
22public water supply system, rather than the person who withdraws the water, shall
23annually report to the department the volume of water loss from the consumptive use
24of the water provided to the public water supply system.
SB523-SSA1,55,2
1(f) The department may require additional information under par. (b) 10. or (e)
22. only if the information is necessary to effectuate this section.
SB523-SSA1,55,6 3(3e) Determining initial interbasin transfer amounts. (a) Before issuing an
4automatic approval under sub. (3m) for an interbasin transfer to a person operating
5a public water supply system, the department shall determine the initial interbasin
6transfer amount for the interbasin transfer under this subsection.
SB523-SSA1,55,117 (b) The department shall determine the initial interbasin transfer amount
8under this subsection for a public water supply system to be the amount of water
9necessary to provide water for public water supply purposes in the area in at least
10part of which the public water supply system delivers water to customers before the
11compact's effective date that is all of the following:
SB523-SSA1,55,1212 1. Outside of the Great Lakes basin.
SB523-SSA1,55,1613 2. Within a sewer service territory that provides for return of wastewater to the
14Great Lakes basin and that is specified in the sewer service area provisions of an
15areawide water quality management plan under s. 283.83 approved by the
16department before December 31, 2007.
SB523-SSA1,55,1917 (c) The department shall use the population and related service projections in
18the sewer service area provisions described in par. (b) 2. in making the determination
19under par. (b).
SB523-SSA1,56,7 20(3m) Automatic approval for existing interbasin transfers. Before the
21compact's effective date, the department shall automatically issue an approval for
22an interbasin transfer that begins before the compact's effective date, to a person who
23operates a public water supply system that receives water from the interbasin
24transfer and that delivers water to customers in an area that is outside of the Great
25Lakes basin and that is within a sewer service territory that provides for return of

1wastewater to the Great Lakes basin as specified in the sewer service area provisions
2of an areawide water quality management plan under s. 283.83 approved by the
3department before December 31, 2007. The department may not issue an automatic
4approval under this subsection before the interbasin transfer begins. In the
5automatic approval, the department shall specify an interbasin transfer amount
6equal to the amount determined under sub. (3e) and an interbasin transfer area that
7is the area described in sub. (3e) (b).
SB523-SSA1,56,9 8(4) New or increased interbasin transfers. (a) Prohibition. Beginning on the
9effective date of this paragraph .... [revisor inserts date], all of the following apply:
SB523-SSA1,56,1310 1. No person may begin an interbasin transfer, other than an interbasin
11transfer for which the department is required to issue an automatic permit under
12sub. (3m), unless the interbasin transfer is covered by an approval under par. (c), (d),
13or (e).
SB523-SSA1,56,1614 2. No person may increase an interbasin transfer over the interbasin transfer
15amount in an approval issued under this subsection unless the department modifies
16the approval under par. (c), (d), or (e) to increase the interbasin transfer amount.
SB523-SSA1,56,2117 3. No person may increase an interbasin transfer over the interbasin transfer
18amount in an approval issued under sub. (3m) or expand the interbasin transfer area
19beyond the area specified in an approval under sub. (3m) unless the department
20modifies the approval under par. (c), (d), or (e) to increase the interbasin transfer
21amount or to expand the interbasin transfer area.
SB523-SSA1,56,2522 (b) Application. 1. A person who proposes to begin an interbasin transfer,
23increase the amount of an interbasin transfer, or expand the interbasin transfer area
24of an interbasin transfer covered by an approval issued under sub. (3m) shall apply
25to the department for approval.
SB523-SSA1,57,4
12. A person may apply under subd. 1. for approval of a new, increased, or
2expanded interbasin transfer under par. (c) or (e) only if the person operates a public
3water supply system that receives or would receive water from the new, increased,
4or expanded interbasin transfer.
SB523-SSA1,57,75 3. Operators of 2 or more public water supply systems may submit a joint
6application under subd. 1. for a new, increased, or expanded interbasin transfer
7under par. (c) or (e).
SB523-SSA1,57,118 4. A person who applies under subd. 1. shall provide information about the
9potential impacts of the interbasin transfer on the waters of the Great Lakes basin
10and water dependent natural resources and any other information required by the
11department by rule.
SB523-SSA1,57,1512 4m. If a person who applies under subd. 1. will not directly withdraw the water
13proposed to be transferred, the person shall identify the entity that will withdraw the
14water and provide evidence of support from that entity in the form of a letter or
15resolution.
SB523-SSA1,57,1916 4p. If the person who applies under subd. 1. will not directly return the water
17to the Great Lakes basin, the person shall identify the entity that will return the
18water and provide evidence of support from that entity in the form of a letter or
19resolution.
SB523-SSA1,58,320 4s. If the proposal for which a person applies under subd. 1. is subject to the
21exception standard under par. (f), the person shall provide documentation of how the
22physical, chemical, and biological integrity of the receiving water under par. (f) 3. will
23be protected and sustained as required under ss. 30.12, 281.15, and 283.31,
24considering the state of the receiving water before the proposal is implemented and
25considering potential adverse impacts due to changes in temperature and nutrient

1loadings. If the receiving water is a surface water body that is tributary to one of the
2Great Lakes, the person shall include a description of the flow of the receiving water
3before the proposal is implemented, considering both low and high flow conditions.
SB523-SSA1,58,74 5. If the proposal for which a person applies under subd. 1. is subject to the
5exception standard under par. (f), the person shall provide an assessment of the
6individual impacts of the proposal for the purposes of par. (f) 5. The person may also
7include a cumulative impact assessment.
SB523-SSA1,58,98 (bg) Determinations. 1. The department shall determine whether a proposal
9under par. (b) is subject to par. (c) or (e) as follows:
SB523-SSA1,58,1210 a. If the proposal is to provide a public water supply within a single city, village,
11or town, the proposal is subject to par. (c) or (e) based on the boundaries of that city,
12village, or town.
SB523-SSA1,58,1713 b. If the proposal is to provide a public water supply within more than one city,
14village, or town, any portion of the proposal that provides a public water supply
15within a straddling community is subject to par. (c) and any portion of the proposal
16that provides a public water supply within a community within a straddling county
17is subject to par. (e).
SB523-SSA1,58,2318 2. For the purposes of applying the requirements in pars. (c), (e), and (f) to a
19proposal under par. (b), the department shall use, as appropriate, the planned
20service area of the public water supply system receiving water under the proposal.
21The planned service area is the service area of the system at the end of any planning
22period authorized by the department in the approved water supply service area plan
23under s. 281.348 that covers the public water supply system.
SB523-SSA1,59,424 (c) Straddling communities. The department may approve a proposal under
25par. (b) to begin an interbasin transfer, increase an interbasin transfer, or expand an

1interbasin transfer area, to an area within a straddling community but outside the
2Great Lakes basin or outside the source watershed if the water transferred will be
3used solely for public water supply purposes in the straddling community and all of
4the following apply:
SB523-SSA1,59,75 1. An amount of water equal to the amount of water withdrawn from the Great
6Lakes basin, less an allowance for consumptive use, will be returned to the source
7watershed.
SB523-SSA1,59,98 2. No surface water or groundwater from outside the source watershed will be
9returned to the source watershed unless all of the following apply:
SB523-SSA1,59,1110 a. The returned water will be from a water supply or wastewater treatment
11system that combines water from inside and outside the Great Lakes basin.
SB523-SSA1,59,1412 b. The returned water will be treated to meet applicable permit requirements
13under s. 283.31 and to prevent the introduction of invasive species into the Great
14Lakes basin.
SB523-SSA1,59,1815 c. The proposal maximizes the amount of water withdrawn from the Great
16Lakes basin that will be returned to the source watershed and minimizes the amount
17of water from outside the Great Lakes basin that will be returned to the source
18watershed.
SB523-SSA1,59,2019 2m. The proposal is consistent with an approved water supply service area plan
20under s. 281.348 that covers the public water supply system.
SB523-SSA1,59,2321 3. If the proposal would result from a new withdrawal or an increase in a
22withdrawal that would average 100,000 gallons or more per day in any 90-day
23period, the proposal meets the exception standard under par. (f).
SB523-SSA1,60,624 (d) Intrabasin transfer. 1. The department may approve a proposal under par.
25(b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par.

1(c) does not apply that would average less than 100,000 gallons per day in every
290-day period, if the proposal meets the applicable requirements under s. 30.18,
3281.34, or 281.41 or, if those sections do not apply, any requirements specified by the
4department by rule and, if the water will be used for public water supply purposes,
5the proposal is consistent with an approved water supply service area plan under s.
6281.348 that covers the public water supply system.
SB523-SSA1,60,117 2. The department may approve a proposal under par. (b) for a new intrabasin
8transfer or an increase in or expansion of an intrabasin transfer to which par. (c) does
9not apply that would average more than 100,000 gallons per day in any 90-day
10period with a new water loss or an increase in water loss that would average less than
115,000,000 gallons per day in every 90-day period, if all of the following apply:
SB523-SSA1,60,1412 a. The proposal meets the exception standard under par. (f), except that the
13water may be returned to a watershed within the Great Lakes basin other than the
14source watershed and par. (f) 3m. does not apply.
SB523-SSA1,60,1815 b. The applicant demonstrates that there is no feasible, cost-effective, and
16environmentally sound water supply alternative within the watershed to which the
17water will be transferred, including conservation of existing water supplies as
18determined under par. (g).
SB523-SSA1,60,2119 c. If the water will be used for public water supply purposes, the proposal is
20consistent with an approved water supply service area plan under s. 281.348 that
21covers the public water supply system.
SB523-SSA1,60,2522 3. The department may approve a proposal under par. (b) for a new intrabasin
23transfer or an increase in an intrabasin transfer to which par. (c) does not apply with
24a new water loss or an increase in water loss that would average 5,000,000 gallons
25per day or more in any 90-day period, if all of the following apply:
SB523-SSA1,61,1
1a. The proposal meets the exception standard under par. (f).
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