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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:
SB1,50,3
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.
SB1,53,3
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;
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1(c) The withdrawal or consumptive use will be implemented so as to incorporate
2environmentally sound and economically feasible water conservation measures;
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(d) The withdrawal or consumptive use will be implemented so as to ensure
4that it is in compliance with all applicable municipal, state, and federal laws as well
5as regional interstate and international agreements, including the Boundary Waters
6Treaty of 1909; and
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(e) The proposed use is reasonable, based upon a consideration of the following
8factors:
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1. Whether the proposed withdrawal or consumptive use is planned in a fashion
10that provides for efficient use of the water and will avoid or minimize the waste of
11water;
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2. If the proposal is for an increased withdrawal or consumptive use, whether
13efficient use is made of existing water supplies;
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3. The balance between economic development, social development, and
15environmental protection of the proposed withdrawal and use and other existing or
16planned withdrawals and water uses sharing the water source;
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4. The supply potential of the water source, considering quantity, quality, and
18reliability and safe yield of hydrologically interconnected water sources;
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5. The probable degree and duration of any adverse impacts caused or expected
20to be caused by the proposed withdrawal and use, under foreseeable conditions, to
21other lawful consumptive or nonconsumptive uses of water or to the quantity or
22quality of the waters and water dependent natural resources of the basin, and the
23proposed plans and arrangements for avoidance or mitigation of such impacts; and
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6. If a proposal includes restoration of hydrologic conditions and functions of
25the source watershed, the party may consider that.
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1(4t) Water management and regulation; applicability. (a)
Minimum
2standard. This standard of review and decision shall be used as a minimum
3standard. Parties may impose a more restrictive decision-making standard for
4withdrawals under their authority. It is also acknowledged that although a proposal
5meets the standard of review and decision it may not be approved under the laws of
6the originating party that has implemented more restrictive measures.
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(b)
Baseline. 1. To establish a baseline for determining a new or increased
8diversion, consumptive use, or withdrawal, each party shall develop either or both
9of the following lists for the party's jurisdiction:
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a. A list of existing withdrawal approvals as of the effective date of the compact.
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b. A list of the capacity of existing systems as of the effective date of this
12compact. The capacity of the existing systems should be presented in terms of
13withdrawal capacity, treatment capacity, distribution capacity, or other capacity
14limiting factors. The capacity of the existing systems must represent the state of the
15systems. Existing capacity determinations shall be based upon approval limits or
16the most restrictive capacity information.
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2. For all purposes of this compact, volumes of diversions, consumptive uses,
18or withdrawals of water set forth in the lists prepared by each party in accordance
19with this paragraph shall constitute the baseline volume.
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3. The lists shall be furnished to the regional body and the council within one
21year of the effective date of this compact.
SB1,55,2422
(c)
Timing of additional applications. Applications for new or increased
23withdrawals, consumptive uses, or exceptions shall be considered cumulatively
24within 10 years of any application.
SB1,56,4
1(d)
Change of ownership. Unless a new owner proposes a project that shall
2result in a proposal for a new or increased diversion or consumptive use subject to
3regional review or council approval, the change of ownership in and of itself shall not
4require regional review or council approval.
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(e)
Groundwater. The basin surface water divide shall be used for the purpose
6of managing and regulating new or increased diversions, consumptive uses, or
7withdrawals of surface water and groundwater.
SB1,56,108
(f)
Withdrawal systems. The total volume of surface water and groundwater
9resources that supply a common distribution system shall determine the volume of
10a withdrawal, consumptive use, or diversion.
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(g)
Connecting channels. The watershed of each Great Lake shall include its
12upstream and downstream connecting channels.
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(h)
Transmission in water lines. Transmission of water within a line that
14extends outside the basin as it conveys water from one point to another within the
15basin shall not be considered a diversion if none of the water is used outside the basin.
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(i)
Hydrologic units. The Lake Michigan and Lake Huron watersheds shall be
17considered to be a single hydrologic unit and watershed.
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(j)
Bulk water transfer. A proposal to withdraw water and to remove it from the
19basin in any container greater than 5.7 gallons shall be treated under this compact
20in the same manner as a proposal for a diversion. Each party shall have the
21discretion, within its jurisdiction, to determine the treatment of proposals to
22withdraw water and to remove it from the basin in any container of 5.7 gallons or less.
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23(4v) Water management and regulation; exemptions. Withdrawals from the
24basin for the following purposes are exempt from the requirements of subs. (4) to (4z):
SB1,57,3
1(a) To supply vehicles, including vessels and aircraft, whether for the needs of
2the persons or animals being transported or for ballast or other needs related to the
3operation of the vehicles.
SB1,57,54
(b) To use in a noncommercial project on a short-term basis for fire fighting,
5humanitarian, or emergency response purposes.
SB1,57,16
6(4x) Water management and regulation; U.S. Supreme Court decree in
7Wisconsin et al. v. Illinois et al. (a) Notwithstanding any terms of this compact to
8the contrary, with the exception of par. (e), current, new, or increased withdrawals,
9consumptive uses, and diversions of basin water by the state of Illinois shall be
10governed by the terms of the United States Supreme Court decree in
Wisconsin et al.
11v. Illinois et al. and shall not be subject to the terms of this compact nor any rules or
12regulations promulgated pursuant to this compact. This means that, with the
13exception of par. (e), for purposes of this compact, current, new, or increased
14withdrawals, consumptive uses, and diversions of basin water within the state of
15Illinois shall be allowed unless prohibited by the terms of the United States Supreme
16Court decree in
Wisconsin et al. v. Illinois et al.
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(b) The parties acknowledge that the United States Supreme Court decree in
18Wisconsin et al. v. Illinois et al. shall continue in full force and effect, that this
19compact shall not modify any terms thereof, and that this compact shall grant the
20parties no additional rights, obligations, remedies, or defenses thereto. The parties
21specifically acknowledge that this compact shall not prohibit or limit the state of
22Illinois in any manner from seeking additional basin water as allowed under the
23terms of the United States Supreme Court decree in
Wisconsin et al. v. Illinois et al.,
24any other party from objecting to any request by the state of Illinois for additional
25basin water under the terms of said decree, or any party from seeking any other type
1of modification to said decree. If an application is made by any party to the Supreme
2Court of the United States to modify said decree, the parties to this compact who are
3also parties to the decree shall seek formal input from the Canadian Provinces of
4Ontario and Quebec with respect to the proposed modification, shall use best efforts
5to facilitate the appropriate participation of said provinces in the proceedings to
6modify the decree, and shall not unreasonably impede or restrict such participation.
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(c) With the exception of par. (e), because current, new, or increased
8withdrawals, consumptive uses, and diversions of basin water by the state of Illinois
9are not subject to the terms of this compact, the state of Illinois is prohibited from
10using any term of this compact, including sub. (4n), to seek new or increased
11withdrawals, consumptive uses, or diversions of basin water.
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(d) With the exception of par. (e), because subs. (4d), (4f), (4h), (4j), (4L), (4m),
13(4n), (4p), (4r), (4t) (a), (b), (c), (d), (f), and (j), and (4v) all relate to current, new, or
14increased withdrawals, consumptive uses, and diversions of basin waters, said
15provisions do not apply to the state of Illinois. All other provisions of this compact
16not listed in the preceding sentence shall apply to the state of Illinois, including the
17water conservation programs provision of sub. (4b).
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(e) In the event of a proposal for a diversion of basin water for use outside the
19territorial boundaries of the parties to this compact, decisions by the state of Illinois
20regarding such a proposal would be subject to all terms of this compact, except pars.
21(a), (c), and (d).
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(f) For purposes of the state of Illinois' participation in this compact, the
23entirety of this subsection is necessary for the continued implementation of this
24compact and, if severed, this compact shall no longer be binding on or enforceable by
25or against the state of Illinois.
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1(4z) Water management and regulation; assessment of cumulative impacts. 2(a) The parties in cooperation with the provinces shall collectively conduct within
3the basin, on a lake watershed and St. Lawrence River basin basis, a periodic
4assessment of the cumulative impacts of withdrawals, diversions, and consumptive
5uses from the waters of the basin, every 5 years or each time the incremental basin
6water losses reach 50,000,000 gallons per day average in any 90-day period in excess
7of the quantity at the time of the most recent assessment, whichever comes first, or
8at the request of one or more of the parties. The assessment shall form the basis for
9a review of the standard of review and decision, council and party regulations, and
10their application. This assessment shall:
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1. Utilize the most current and appropriate guidelines for such a review, which
12may include but not be limited to council on environmental quality and environment
13Canada guidelines;
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2. Give substantive consideration to climate change or other significant threats
15to basin waters and take into account the current state of scientific knowledge, or
16uncertainty, and appropriate measures to exercise caution in cases of uncertainty if
17serious damage may result; and
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3. Consider adaptive management principles and approaches, recognizing,
19considering, and providing adjustments for the uncertainties in, and evolution of,
20science concerning the basin's water resources, watersheds, and ecosystems,
21including potential changes to basin-wide processes, such as lake level cycles and
22climate.
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(b) The parties have the responsibility of conducting this cumulative impact
24assessment. Applicants are not required to participate in this assessment.
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1(c) Unless required by other statutes, applicants are not required to conduct a
2separate cumulative impact assessment in connection with an application but shall
3submit information about the potential impacts of a proposal to the quantity or
4quality of the waters and water dependent natural resources of the applicable source
5watershed. An applicant may, however, provide an analysis of how the applicant's
6proposal meets the no significant adverse cumulative impact provision of the
7standard of review and decision.
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8(5) Consultation with tribes. (a) In addition to all other opportunities to
9comment pursuant to sub. (6) (b), appropriate consultations shall occur with
10federally recognized tribes in the originating party for all proposals subject to council
11or regional review pursuant to this compact. Such consultations shall be organized
12in the manner suitable to the individual proposal and the laws and policies of the
13originating party.
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(b) All federally recognized tribes within the basin shall receive reasonable
15notice indicating that they have an opportunity to comment in writing to the council
16or the regional body, or both, and other relevant organizations on whether the
17proposal meets the requirements of the standard of review and decision when a
18proposal is subject to regional review or council approval. Any notice from the council
19shall inform the tribes of any meeting or hearing that is to be held under sub. (6) (b)
20and invite them to attend. The parties and the council shall consider the comments
21received under this subsection before approving, approving with modifications, or
22disapproving any proposal subject to council or regional review.
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(c) In addition to the specific consultation mechanisms described above, the
24council shall seek to establish mutually agreed upon mechanisms or processes to
25facilitate dialogue with, and input from, federally recognized tribes on matters to be
1dealt with by the council; and the council shall seek to establish mechanisms and
2processes with federally recognized tribes designed to facilitate ongoing scientific
3and technical interaction and data exchange regarding matters falling within the
4scope of this compact. This may include participation of tribal representatives on
5advisory committees established under this compact or such other processes that are
6mutually agreed upon with federally recognized tribes individually or through duly
7authorized intertribal agencies or bodies.
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8(6) Public participation. (a)
Meetings, public hearings, and records. 1. The
9parties recognize the importance and necessity of public participation in promoting
10management of the water resources of the basin. Consequently, all meetings of the
11council shall be open to the public, except with respect to issues of personnel.
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2. The minutes of the council shall be a public record open to inspection at its
13offices during regular business hours.
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(b)
Public participation. It is the intent of the council to conduct public
15participation processes concurrently and jointly with processes undertaken by the
16parties and through regional review. To ensure adequate public participation, each
17party or the council shall ensure procedures for the review of proposals subject to the
18standard of review and decision consistent with the following requirements:
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1. Provide public notification of receipt of all applications and a reasonable
20opportunity for the public to submit comments before applications are acted upon.
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2. Assure public accessibility to all documents relevant to an application,
22including public comment received.
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3. Provide guidance on standards for determining whether to conduct a public
24meeting or hearing for an application, time and place of such a meeting or hearing,
25and procedures for conducting of the same.
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14. Provide the record of decision for public inspection including comments,
2objections, responses, and approvals, approvals with conditions, and disapprovals.
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3(7) Dispute resolution and enforcement; good faith implementation. Each
4of the parties pledges to support implementation of all provisions of this compact,
5and covenants that its officers and agencies shall not hinder, impair, or prevent any
6other party carrying out any provision of this compact.
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7(7g) Dispute resolution and enforcement; alternative dispute resolution. 8(a) Desiring that this compact be carried out in full, the parties agree that disputes
9between the parties regarding interpretation, application, and implementation of
10this compact shall be settled by alternative dispute resolution.
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(b) The council, in consultation with the provinces, shall provide by rule
12procedures for the resolution of disputes pursuant to this subsection.
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13(7r) Dispute resolution and enforcement; enforcement. (a) Any person
14aggrieved by any action taken by the council pursuant to the authorities contained
15in this compact shall be entitled to a hearing before the council. Any person
16aggrieved by a party action shall be entitled to a hearing pursuant to the relevant
17party's administrative procedures and laws. After exhaustion of such
18administrative remedies, any aggrieved person shall have the right to judicial review
19of a council action in the United States district court for the District of Columbia or
20the district court in which the council maintains offices, provided such action is
21commenced within 90 days; and any aggrieved person shall have the right to judicial
22review of a party's action in the relevant party's court of competent jurisdiction,
23provided that an action or proceeding for such review is commenced within the time
24frames provided for by the party's law. For the purposes of this paragraph, a state
1or province is deemed to be an aggrieved person with respect to any party action
2pursuant to this compact.
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(b) 1. Any party or the council may initiate actions to compel compliance with
4the provisions of this compact, and the rules and regulations promulgated hereunder
5by the council. Jurisdiction over such actions is granted to the court of the relevant
6party, as well as the United States district court for the District of Columbia and the
7district court in which the council maintains offices. The remedies available to any
8such court shall include, but not be limited to, equitable relief and civil penalties.
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2. Each party may issue orders within its respective jurisdiction and may
10initiate actions to compel compliance with the provisions of its respective statutes
11and regulations adopted to implement the authorities contemplated by this compact
12in accordance with the provisions of the laws adopted in each party's jurisdiction.
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(c) 1. Any aggrieved person, party, or the council may commence a civil action
14in the relevant party's courts and administrative systems to compel any person to
15comply with this compact should any such person, without approval having been
16given, undertake a new or increased withdrawal, consumptive use, or diversion that
17is prohibited or subject to approval pursuant to this compact.
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2. No action under this paragraph may be commenced if:
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a. The originating party or council approval for the new or increased
20withdrawal, consumptive use, or diversion has been granted; or
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b. The originating party or council has found that the new or increased
22withdrawal, consumptive use, or diversion is not subject to approval pursuant to this
23compact.
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3. No action under this paragraph may be commenced unless: