SB1, s. 15
6Section
15. 281.34 (5) (e) 1. of the statutes is amended to read:
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281.34
(5) (e) 1. If s. 281.35
(4) applies to a proposed high capacity well, the
8department shall include in the approval conditions that ensure that the high
9capacity well complies with s. 281.35
(4) to (6).
SB1, s. 16
10Section
16. 281.343 of the statutes is created to read:
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11281.343 Great Lakes—St. Lawrence River Basin Water Resources
12Compact. (1) Legislative determination. The legislature determines that it is in
13the interests of this state to ratify the Great Lakes—St. Lawrence River Basin Water
14Resources Compact. Nothing in this section may be interpreted to change the
15application of the public trust doctrine under article IX, section 1, of the Wisconsin
16Constitution or to create any new public trust rights.
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17(1b) Ratification. The Great Lakes—St. Lawrence River Basin Water
18Resources Compact, contained in subs. (1e) to (9), is ratified and approved, as
19implemented and interpreted in ss. 14.95, 281.346, and 281.348.
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20(1e) Definitions. In this section, except as otherwise required by the context:
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(a) "Adaptive management" means a water resources management system that
22provides a systematic process for evaluation, monitoring, and learning from the
23outcomes of operational programs and adjustment of policies, plans, and programs
24based on experience and the evolution of scientific knowledge concerning water
25resources and water dependent natural resources.
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1(am) "Agreement" means the Great Lakes—St. Lawrence River Basin
2Sustainable Water Resources Agreement.
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(b) "Applicant" means a person who is required to submit a proposal that is
4subject to management and regulation under this compact. "Application" has a
5corresponding meaning.
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(c) "Basin" or "Great Lakes—St. Lawrence River Basin" means the watershed
7of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres,
8Quebec within the jurisdiction of the parties.
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(cm) "Basin ecosystem" or "Great Lakes—St. Lawrence River Basin ecosystem"
10means the interacting components of air, land, water, and living organisms,
11including humankind, within the basin.
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(d) "Community within a straddling county" means any incorporated city,
13town, or the equivalent thereof, that is located outside the basin but wholly within
14a county that lies partly within the basin and that is not a straddling community.
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(dm) "Compact" means this compact.
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(e) "Consumptive use" means that portion of the water withdrawn or withheld
17from the basin that is lost or otherwise not returned to the basin due to evaporation,
18incorporation into products, or other processes.
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(em) "Council" means the Great Lakes—St. Lawrence River Basin Water
20Resources Council, created by this compact.
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(f) "Council review" means the collective review by the council members as
22described in subs. (4) to (4z).
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(fm) "County" means the largest territorial division for local government in a
24state. The county boundaries shall be defined as those boundaries that exist as of
25December 13, 2005.
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1(g) "Cumulative impacts" means the impact on the basin ecosystem that results
2from incremental effects of all aspects of a withdrawal, diversion, or consumptive use
3in addition to other past, present, and reasonably foreseeable future withdrawals,
4diversions, and consumptive uses regardless of who undertakes the other
5withdrawals, diversions, and consumptive uses. Cumulative impacts can result
6from individually minor but collectively significant withdrawals, diversions, and
7consumptive uses taking place over a period of time.
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(gm) "Decision-making standard" means the decision-making standard
9established by sub. (4r) for proposals subject to management and regulation in sub.
10(4p).
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(h) "Diversion" means a transfer of water from the basin into another
12watershed, or from the watershed of one of the Great Lakes into that of another by
13any means of transfer, including but not limited to a pipeline, canal, tunnel,
14aqueduct, channel, modification of the direction of a water course, a tanker ship,
15tanker truck, or rail tanker but does not apply to water that is used in the basin or
16a Great Lake watershed to manufacture or produce a product that is then transferred
17out of the basin or watershed. "Divert" has a corresponding meaning.
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(i) "Environmentally sound and economically feasible water conservation
19measures" mean those measures, methods, technologies, or practices for efficient
20water use and for reduction of water loss and waste or for reducing a withdrawal,
21consumptive use, or diversion that are environmentally sound, reflect best practices
22applicable to the water use sector, are technically feasible and available, are
23economically feasible and cost-effective based on an analysis that considers direct
24and avoided economic and environmental costs, and consider the particular facilities
25and processes involved, taking into account the environmental impact, age of
1equipment and facilities involved, the processes employed, energy impacts, and
2other appropriate factors.
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(im) "Exception" means a transfer of water that is excepted under sub. (4n)
4from the prohibition against diversions in sub. (4m).
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(j) "Exception standard" means the standard for exceptions established in sub.
6(4n) (d).
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(jm) "Intrabasin transfer" means the transfer of water from the watershed of
8one of the Great Lakes into the watershed of another Great Lake.
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(k) "Measures" means any legislation, law, regulation, directive, requirement,
10guideline, program, policy, administrative practice, or other procedure.
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(km) "New or increased diversion" means a new diversion, an increase in an
12existing diversion, or the alteration of an existing withdrawal so that it becomes a
13diversion.
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(L) "New or increased withdrawal or consumptive use" means a new
15withdrawal or consumptive use or an increase in an existing withdrawal or
16consumptive use.
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(Lm) "Originating party" means the party within whose jurisdiction an
18application or registration is made or required.
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(n) "Party" means a state that is a party to this compact.
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(nm) "Person" means a human being or a legal person, including a government
21or a nongovernmental organization, including any scientific, professional, business,
22nonprofit, or public interest organization or association that is neither affiliated
23with, nor under the direction of a government.
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1(o) 1. "Product" means something produced in the basin by human or
2mechanical effort or through agricultural processes and used in manufacturing,
3commercial, or other processes or intended for intermediate or end use consumers.
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2. Water used as part of the packaging of a product shall be considered to be
5part of the product.
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3. Other than water used as part of the packaging of a product, water that is
7used primarily to transport materials in or out of the basin is not a product or part
8of a product.
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4. Except as provided in subd. 2., water that is transferred as part of a public
10or private supply is not a product or part of a product.
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5. Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or
12water basins is not a product.
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(om) "Proposal" means a withdrawal, diversion, or consumptive use of water
14that is subject to this compact.
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(p) "Province" means Ontario or Quebec.
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(pm) "Public water supply purposes" means water distributed to the public
17through a physically connected system of treatment, storage, and distribution
18facilities serving a group of largely residential customers that may also serve
19industrial, commercial, and other institutional operators. Water withdrawn directly
20from the basin and not through such a system shall not be considered to be used for
21public water supply purposes.
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(q) "Regional body" means the members of the council and the premiers of
23Ontario and Quebec or their designee as established by the agreement.
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(qm) "Regional review" means the collective review by the regional body as
25described in sub. (4h).
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1(r) "Source watershed" means the watershed from which a withdrawal
2originates. If water is withdrawn directly from a Great Lake or from the St.
3Lawrence River, then the source watershed shall be considered to be the watershed
4of that Great Lake or the watershed of the St. Lawrence River, respectively. If water
5is withdrawn from the watershed of a stream that is a direct tributary to a Great
6Lake or a direct tributary to the St. Lawrence River, then the source watershed shall
7be considered to be the watershed of that Great Lake or the watershed of the St.
8Lawrence River, respectively, with a preference to the direct tributary stream
9watershed from which it was withdrawn.
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(rm) "Standard of review and decision" means the exception standard,
11decision-making standard, and reviews as outlined in subs. (4) to (4z).
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(s) "State" means one of the states of Illinois, Indiana, Michigan, Minnesota,
13New York, Ohio, or Wisconsin or the Commonwealth of Pennsylvania.
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(t) "Straddling community" means any incorporated city, town, or the
15equivalent thereof, wholly within any county that lies partly or completely within the
16basin, whose corporate boundary existing as of the effective date of this compact is
17partly within the basin or partly within 2 Great Lakes watersheds.
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(u) "Technical review" means a detailed review conducted to determine
19whether or not a proposal that requires regional review under this compact meets
20the standard of review and decision following procedures and guidelines as set out
21in this compact.
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(v) "Water" means groundwater or surface water contained within the basin.
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(w) "Water dependent natural resources" means the interacting components of
24land, water, and living organisms affected by the waters of the basin.
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1(x) "Waters of the basin" or "basin water" means the Great Lakes and all
2streams, rivers, lakes, connecting channels, and other bodies of water, including
3tributary groundwater, within the basin.
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(y) "Withdrawal" means the taking of water from surface water or
5groundwater. "Withdraw" has a corresponding meaning.
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6(1m) Findings and purposes. The legislative bodies of the respective parties
7hereby find and declare:
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1. The waters of the basin are precious public natural resources shared and
10held in trust by the states;
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2. The waters of the basin are interconnected and part of a single hydrologic
12system;
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3. The waters of the basin can concurrently serve multiple uses. Such multiple
14uses include municipal, public, industrial, commercial, agriculture, mining,
15navigation, energy development and production, recreation, the subsistence,
16economic, and cultural activities of native peoples, water quality maintenance, and
17the maintenance of fish and wildlife habitat and a balanced ecosystem. And, other
18purposes are encouraged, recognizing that such uses are interdependent and must
19be balanced;
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4. Future diversions and consumptive uses of basin water resources have the
21potential to significantly impact the environment, economy, and welfare of the Great
22Lakes—St. Lawrence River region;
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5. Continued sustainable, accessible, and adequate water supplies for the
24people and economy of the basin are of vital importance; and
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16. The parties have a shared duty to protect, conserve, restore, improve, and
2manage the renewable but finite waters of the basin for the use, benefit, and
3enjoyment of all their citizens, including generations yet to come. The most effective
4means of protecting, conserving, restoring, improving, and managing the basin
5waters is through the joint pursuit of unified and cooperative principles, policies, and
6programs mutually agreed upon, enacted, and adhered to by all parties.
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1. To act together to protect, conserve, restore, improve, and effectively manage
9the waters and water dependent natural resources of the basin under appropriate
10arrangements for intergovernmental cooperation and consultation because current
11lack of full scientific certainty should not be used as a reason for postponing
12measures to protect the basin ecosystem;
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2. To remove causes of present and future controversies;
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3. To provide for cooperative planning and action by the parties with respect
15to such water resources;
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4. To facilitate consistent approaches to water management across the basin
17while retaining state management authority over water management decisions
18within the basin;
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5. To facilitate the exchange of data, strengthen the scientific information base
20upon which decisions are made, and engage in consultation on the potential effects
21of proposed withdrawals and losses on the waters and water dependent natural
22resources of the basin;
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6. To prevent significant adverse impacts of withdrawals and losses on the
24basin's ecosystems and watersheds;
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7. To promote interstate and state-provincial comity; and
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18. To promote an adaptive management approach to the conservation and
2management of basin water resources that recognizes, considers, and provides
3adjustments for the uncertainties in, and evolution of, scientific knowledge
4concerning the basin's waters and water dependent natural resources.
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5(1s) Science. (a) The parties commit to provide leadership for the development
6of a collaborative strategy with other regional partners to strengthen the scientific
7basis for sound water management decision making under this compact.
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(b) The strategy shall guide the collection and application of scientific
9information to support:
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1. An improved understanding of the individual and cumulative impacts of
11withdrawals from various locations and water sources on the basin ecosystem and
12to develop a mechanism by which impacts of withdrawals may be assessed;
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2. The periodic assessment of cumulative impacts of withdrawals, diversions,
14and consumptive uses on a Great Lake and St. Lawrence River watershed basis;
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3. Improved scientific understanding of the waters of the basin;
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4. Improved understanding of the role of groundwater in basin water resources
17management; and
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5. The development, transfer, and application of science and research related
19to water conservation and water use efficiency.
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20(2) Organization. (a)
Council created. The Great Lakes—St. Lawrence River
21Basin Water Resources Council is hereby created as a body politic and corporate,
22with succession for the duration of this compact, as an agency and instrumentality
23of the governments of the respective parties.
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(b)
Council membership. The council shall consist of the governors of the
25parties, ex officio.
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1(c)
Alternates. Each member of the council shall appoint at least one alternate
2who may act in his or her place and stead, with authority to attend all meetings of
3the council and with power to vote in the absence of the member. Unless otherwise
4provided by law of the party for which he or she is appointed, each alternate shall
5serve during the term of the member appointing him or her, subject to removal at the
6pleasure of the member. In the event of a vacancy in the office of alternate, it shall
7be filled in the same manner as an original appointment for the unexpired term only.
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(d)
Voting. 1. Each member is entitled to one vote on all matters that may come
9before the council.
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2. Unless otherwise stated, the rule of decision shall be by a simple majority.
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3. The council shall annually adopt a budget for each fiscal year and the amount
12required to balance the budget shall be apportioned equitably among the parties by
13unanimous vote of the council. The appropriation of such amounts shall be subject
14to such review and approval as may be required by the budgetary processes of the
15respective parties.
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4. The participation of council members from a majority of the parties shall
17constitute a quorum for the transaction of business at any meeting of the council.
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(e)
Organization and procedure. The council shall provide for its own
19organization and procedure, and may adopt rules and regulations governing its
20meetings and transactions, as well as the procedures and timeline for submission,
21review, and consideration of proposals that come before the council for its review and
22action. The council shall organize, annually, by the election of a chairperson and vice
23chairperson from among its members. Each member may appoint an advisor, who
24may attend all meetings of the council and its committees, but shall not have voting
25power. The council may employ or appoint professional and administrative
1personnel, including an executive director, as it may deem advisable, to carry out the
2purposes of this compact.
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(f)
Use of existing offices and agencies. It is the policy of the parties to preserve
4and utilize the functions, powers, and duties of existing offices and agencies of
5government to the extent consistent with this compact. Further, the council shall
6promote and aid the coordination of the activities and programs of the parties
7concerned with water resources management in the basin. To this end, but without
8limitation, the council may:
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1. Advise, consult, contract, assist, or otherwise cooperate with any and all such
10agencies;
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2. Employ any other agency or instrumentality of any of the parties for any
12purpose; and
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3. Develop and adopt plans consistent with the water resources plans of the
14parties.
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(g)
Jurisdiction. The council shall have, exercise, and discharge its functions,
16powers, and duties within the limits of the basin. Outside the basin, it may act in
17its discretion, but only to the extent such action may be necessary or convenient to
18effectuate or implement its powers or responsibilities within the basin and subject
19to the consent of the jurisdiction wherein it proposes to act.
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(h)
Status, immunities, and privileges. 1. The council, its members and
21personnel in their official capacity and when engaged directly in the affairs of the
22council, its property, and its assets, wherever located and by whomsoever held, shall
23enjoy the same immunity from suit and every form of judicial process as is enjoyed
24by the parties, except to the extent that the council may expressly waive its immunity
25for the purposes of any proceedings or by the terms of any contract.
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12. The property and assets of the council, wherever located and by whomsoever
2held, shall be considered public property and shall be immune from search,
3requisition, confiscation, expropriation, or any other form of taking or foreclosure by
4executive or legislative action.
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3. The council, its property and its assets, income, and the operations it carries
6out pursuant to this compact shall be immune from all taxation by or under the
7authority of any of the parties or any political subdivision thereof; provided, however,
8that in lieu of property taxes the council may make reasonable payments to local
9taxing districts in annual amounts that shall approximate the taxes lawfully
10assessed upon similar property.