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(e) Each party shall implement in accordance with par. (b) a voluntary or
7mandatory water conservation program for all, including existing, basin water
8users. Conservation programs need to adjust to new demands and the potential
9impacts of cumulative effects and climate.
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10(4d) Water management and regulation; party powers and duties. (a) Each
11party, within its jurisdiction, shall manage and regulate new or increased
12withdrawals, consumptive uses, and diversions, including exceptions, in accordance
13with this compact.
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(b) Each party shall require an applicant to submit an application in such
15manner and with such accompanying information as the party shall prescribe.
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(c) No party may approve a proposal if the party determines that the proposal
17is inconsistent with this compact or the standard of review and decision or any
18implementing rules or regulations promulgated thereunder. The party may
19approve, approve with modifications, or disapprove any proposal depending on the
20proposal's consistency with this compact and the standard of review and decision.
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(d) Each party shall monitor the implementation of any approved proposal to
22ensure consistency with the approval and may take all necessary enforcement
23actions.
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(e) No party shall approve a proposal subject to council or regional review, or
25both, pursuant to this compact unless it shall have been first submitted to and
1reviewed by either the council or regional body, or both, and approved by the council,
2as applicable. Sufficient opportunity shall be provided for comment on the proposal's
3consistency with this compact and the standard of review and decision. All such
4comments shall become part of the party's formal record of decision, and the party
5shall take into consideration any such comments received.
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6(4f) Water management and regulation; requirement for originating party
7approval. No proposal subject to management and regulation under this compact
8shall hereafter be undertaken by any person unless it shall have been approved by
9the originating party.
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10(4h) Water management and regulation; regional review. (a)
General. 1. It
11is the intention of the parties to participate in regional review of proposals with the
12provinces, as described in this compact and the agreement.
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2. Unless the applicant or the originating party otherwise requests, it shall be
14the goal of the regional body to conclude its review no later than 90 days after notice
15under par. (b) of such proposal is received from the originating party.
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3. Proposals for exceptions subject to regional review shall be submitted by the
17originating party to the regional body for regional review and, where applicable, to
18the council for concurrent review.
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4. The parties agree that the protection of the integrity of the Great Lakes—St.
20Lawrence River Basin ecosystem shall be the overarching principle for reviewing
21proposals subject to regional review, recognizing uncertainties with respect to
22demands that may be placed on basin water, including groundwater, levels and flows
23of the Great Lakes and the St. Lawrence River, future changes in environmental
24conditions, the reliability of existing data, and the extent to which diversions may
25harm the integrity of the basin ecosystem.
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15. The originating party shall have lead responsibility for coordinating
2information for resolution of issues related to evaluation of a proposal and shall
3consult with the applicant throughout the regional review process.
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6. A majority of the members of the regional body may request regional review
5of a regionally significant or potentially precedent setting proposal. Such regional
6review must be conducted, to the extent possible, within the time frames set forth in
7this subsection. Any such regional review shall be undertaken only after consulting
8the applicant.
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(b)
Notice from originating party to the regional body. 1. The originating party
10shall determine if a proposal is subject to regional review. If so, the originating party
11shall provide timely notice to the regional body and the public.
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2. Such notice shall not be given unless and until all information, documents,
13and the originating party's technical review needed to evaluate whether the proposal
14meets the standard of review and decision have been provided.
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3. An originating party may:
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a. Provide notice to the regional body of an application, even if notification is
17not required; or
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b. Request regional review of an application, even if regional review is not
19required. Any such regional review shall be undertaken only after consulting the
20applicant.
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4. An originating party may provide preliminary notice of a potential proposal.
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(c)
Public participation. 1. To ensure adequate public participation, the
23regional body shall adopt procedures for the review of proposals that are subject to
24regional review in accordance with subs. (4) to (4z).
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12. The regional body shall provide notice to the public of a proposal undergoing
2regional review. Such notice shall indicate that the public has an opportunity to
3comment in writing to the regional body on whether the proposal meets the standard
4of review and decision.
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3. The regional body shall hold a public meeting in the state or province of the
6originating party in order to receive public comment on the issue of whether the
7proposal under consideration meets the standard of review and decision.
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4. The regional body shall consider the comments received before issuing a
9declaration of finding.
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5. The regional body shall forward the comments it receives to the originating
11party.
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(d)
Technical review. 1. The originating party shall provide the regional body
13with its technical review of the proposal under consideration.
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2. The originating party's technical review shall thoroughly analyze the
15proposal and provide an evaluation of the proposal sufficient for a determination of
16whether the proposal meets the standard of review and decision.
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3. Any member of the regional body may conduct the member's own technical
18review of any proposal subject to regional review.
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4. At the request of the majority of its members, the regional body shall make
20such arrangements as it considers appropriate for an independent technical review
21of a proposal.
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5. All parties shall exercise their best efforts to ensure that a technical review
23undertaken under subd. 3. or 4. does not unnecessarily delay the decision by the
24originating party on the application. Unless the applicant or the originating party
1otherwise requests, all technical reviews shall be completed no later than 60 days
2after the date the notice of the proposal was given to the regional body.
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(e)
Declaration of finding. 1. The regional body shall meet to consider a
4proposal. The applicant shall be provided with an opportunity to present the
5proposal to the regional body at such time.
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2. The regional body, having considered the notice, the originating party's
7technical review, any other independent technical review that is made, any
8comments or objections including the analysis of comments made by the public and
9first nations and federally recognized tribes, and any other information that is
10provided under this compact shall issue a declaration of finding that the proposal
11under consideration:
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a. Meets the standard of review and decision;
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b. Does not meet the standard of review and decision; or
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c. Would meet the standard of review and decision if certain conditions were
15met.
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3. An originating party may decline to participate in a declaration of finding
17made by the regional body.
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4. The parties recognize and affirm that it is preferable for all members of the
19regional body to agree whether the proposal meets the standard of review and
20decision.
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5. If the members of the regional body who participate in the declaration of
22finding all agree, they shall issue a written declaration of finding with consensus.
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6. In the event that the members cannot agree, the regional body shall make
24every reasonable effort to achieve consensus within 25 days.
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17. Should consensus not be achieved, the regional body may issue a declaration
2of finding that presents different points of view and indicates each party's
3conclusions.
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8. The regional body shall release the declarations of finding to the public.
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9. The originating party and the council shall consider the declaration of
6finding before making a decision on the proposal.
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7(4j) Water management and regulation; proposals subject to prior notice. 8(a) Beginning no later than 5 years after the effective date of this compact, the
9originating party shall provide all parties and the provinces with detailed and timely
10notice and an opportunity to comment within 90 days on any proposal for a new or
11increased consumptive use of 5,000,000 gallons per day or greater average in any
1290-day period. Comments shall address whether or not the proposal is consistent
13with the standard of review and decision. The originating party shall provide a
14response to any such comment received from another party.
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(b) A party may provide notice, an opportunity to comment, and a response to
16comments even if this is not required under par. (a). Any provision of such notice and
17opportunity to comment shall be undertaken only after consulting the applicant.
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18(4L) Water management and regulation; council actions. (a) Proposals for
19exceptions subject to council review shall be submitted by the originating party to
20the council for council review, and where applicable, to the regional body for
21concurrent review.
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(b) The council shall review and take action on proposals in accordance with
23this compact and the standard of review and decision. The council shall not take
24action on a proposal subject to regional review pursuant to this compact unless the
1proposal shall have been first submitted to and reviewed by the regional body. The
2council shall consider any findings resulting from such review.
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3(4m) Water management and regulation; prohibition of new or increased
4diversions. All new or increased diversions are prohibited, except as provided for in
5sub. (4n).
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6(4n) Water management and regulation; exceptions to the prohibition of
7diversions. (a)
Straddling communities. A proposal to transfer water to an area
8within a straddling community but outside the basin or outside the source Great
9Lake watershed shall be excepted from the prohibition against diversions and be
10managed and regulated by the originating party provided that, regardless of the
11volume of water transferred, all of the water so transferred shall be used solely for
12public water supply purposes within the straddling community, and:
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1. All water withdrawn from the basin shall be returned, either naturally or
14after use, to the source watershed less an allowance for consumptive use. No surface
15water or groundwater from outside the basin may be used to satisfy any portion of
16this criterion except if it:
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a. Is part of a water supply or wastewater treatment system that combines
18water from inside and outside of the basin;
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b. Is treated to meet applicable water quality discharge standards and to
20prevent the introduction of invasive species into the basin;
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c. Maximizes the portion of water returned to the source watershed as basin
22water and minimizes the surface water or groundwater from outside the basin;
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2. If the proposal results from a new or increased withdrawal of 100,000 gallons
24per day or greater average over any 90-day period, the proposal shall also meet the
25exception standard; and
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13. If the proposal results in a new or increased consumptive use of 5,000,000
2gallons per day or greater average over any 90-day period, the proposal shall also
3undergo regional review.
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(b)
Intrabasin transfer. A proposal for an intrabasin transfer that would be
5considered a diversion under this compact, and not already excepted pursuant to par.
6(a), shall be excepted from the prohibition against diversions, provided that:
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1. If the proposal results from a new or increased withdrawal of less than
8100,000 gallons per day average over any 90-day period, the proposal shall be subject
9to management and regulation at the discretion of the originating party.
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2. If the proposal results from a new or increased withdrawal of 100,000 gallons
11per day or greater average over any 90-day period and if the consumptive use
12resulting from the withdrawal is less than 5,000,000 gallons per day average over
13any 90-day period:
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a. The proposal shall meet the exception standard and be subject to
15management and regulation by the originating party, except that the water may be
16returned to another Great Lake watershed rather than the source watershed;
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b. The applicant shall demonstrate that there is no feasible, cost-effective, and
18environmentally sound water supply alternative within the Great Lake watershed
19to which the water will be transferred, including conservation of existing water
20supplies; and
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c. The originating party shall provide notice to the other parties prior to making
22any decision with respect to the proposal.
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3. If the proposal results in a new or increased consumptive use of 5,000,000
24gallons per day or greater average over any 90-day period:
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1a. The proposal shall be subject to management and regulation by the
2originating party and shall meet the exception standard, ensuring that water
3withdrawn shall be returned to the source watershed;
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b. The applicant shall demonstrate that there is no feasible, cost-effective, and
5environmentally sound water supply alternative within the Great Lake watershed
6to which the water will be transferred, including conservation of existing water
7supplies;
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c. The proposal undergoes regional review; and
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d. The proposal is approved by the council. Council approval shall be given
10unless one or more council members vote to disapprove.
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(c)
Straddling counties. 1. A proposal to transfer water to a community within
12a straddling county that would be considered a diversion under this compact shall
13be excepted from the prohibition against diversions, provided that it satisfies all of
14the following conditions:
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a. The water shall be used solely for the public water supply purposes of the
16community within a straddling county that is without adequate supplies of potable
17water;
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b. The proposal meets the exception standard, maximizing the portion of water
19returned to the source watershed as basin water and minimizing the surface water
20or groundwater from outside the basin;
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c. The proposal shall be subject to management and regulation by the
22originating party, regardless of its size;
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d. There is no reasonable water supply alternative within the basin in which
24the community is located, including conservation of existing water supplies;
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1e. Caution shall be used in determining whether or not the proposal meets the
2conditions for this exception. This exception should not be authorized unless it can
3be shown that it will not endanger the integrity of the basin ecosystem;
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f. The proposal undergoes regional review; and
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g. The proposal is approved by the council. Council approval shall be given
6unless one or more council members vote to disapprove.
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2. A proposal must satisfy all of the conditions listed above. Further,
8substantive consideration will also be given to whether or not the proposal can
9provide sufficient scientifically based evidence that the existing water supply is
10derived from groundwater that is hydrologically interconnected to waters of the
11basin.
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(d)
Exception standard. Proposals subject to management and regulation in
13this subsection shall be declared to meet this exception standard and may be
14approved as appropriate only when the following criteria are met:
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1. The need for all or part of the proposed exception cannot be reasonably
16avoided through the efficient use and conservation of existing water supplies;
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2. The exception will be limited to quantities that are considered reasonable
18for the purposes for which it is proposed;
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3. All water withdrawn shall be returned, either naturally or after use, to the
20source watershed less an allowance for consumptive use. No surface water or
21groundwater from outside the basin may be used to satisfy any portion of this
22criterion except if it:
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a. Is part of a water supply or wastewater treatment system that combines
24water from inside and outside of the basin; and
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1b. Is treated to meet applicable water quality discharge standards and to
2prevent the introduction of invasive species into the basin;
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4. The exception will be implemented so as to ensure that it will result in no
4significant individual or cumulative adverse impacts to the quantity or quality of the
5waters and water dependent natural resources of the basin with consideration given
6to the potential cumulative impacts of any precedent-setting consequences
7associated with the proposal;
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5. The exception will be implemented so as to incorporate environmentally
9sound and economically feasible water conservation measures to minimize water
10withdrawals or consumptive use;
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6. The exception will be implemented so as to ensure that it is in compliance
12with all applicable municipal, state, and federal laws as well as regional interstate
13and international agreements, including the Boundary Waters Treaty of 1909; and
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7. All other applicable criteria in this subsection have also been met.
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15(4p) Water management and regulation; management and regulation of new
16or increased withdrawals and consumptive uses. (a) Within 5 years of the effective
17date of this compact, each party shall create a program for the management and
18regulation of new or increased withdrawals and consumptive uses by adopting and
19implementing measures consistent with the decision-making standard. Each party,
20through a considered process, shall set and may modify threshold levels for the
21regulation of new or increased withdrawals in order to assure an effective and
22efficient water management program that will ensure that uses overall are
23reasonable, that withdrawals overall will not result in significant impacts to the
24waters and water dependent natural resources of the basin, determined on the basis
25of significant impacts to the physical, chemical, and biological integrity of source
1watersheds, and that all other objectives of the compact are achieved. Each party
2may determine the scope and thresholds of its program, including which new or
3increased withdrawals and consumptive uses will be subject to the program.
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(b) Any party that fails to set threshold levels that comply with par. (a) any time
5before 10 years after the effective date of this compact shall apply a threshold level
6for management and regulation of all new or increased withdrawals of 100,000
7gallons per day or greater average in any 90-day period.
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(c) The parties intend programs for new or increased withdrawals and
9consumptive uses to evolve as may be necessary to protect basin waters. Pursuant
10to sub. (3) (d), the council, in cooperation with the provinces, shall periodically assess
11the water management programs of the parties. Such assessments may produce
12recommendations for the strengthening of the programs, including, without
13limitation, establishing lower thresholds for management and regulation in
14accordance with the decision-making standard.
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15(4r) Water management and regulation; decision-making standard. 16Proposals subject to management and regulation in sub. (4p) shall be declared to
17meet this decision-making standard and may be approved as appropriate only when
18the following criteria are met:
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(a) All water withdrawn shall be returned, either naturally or after use, to the
20source watershed less an allowance for consumptive use;
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(b) The withdrawal or consumptive use will be implemented so as to ensure
22that the proposal will result in no significant individual or cumulative adverse
23impacts to the quantity or quality of the waters and water dependent natural
24resources and the applicable source watershed;