SB1,79,96
5. If the proposal for which a person applies under subd. 1. is subject to the
7exception standard under par. (f), the person shall provide an assessment of the
8individual impacts of the proposal for the purposes of par. (f) 5. The person may also
9include a cumulative impact assessment.
SB1,79,1110
(bg)
Determinations. 1. The department shall determine whether a proposal
11under par. (b) is subject to par. (c) or (e) as follows:
SB1,79,1412
a. If the proposal is to provide a public water supply within a single city, village,
13or town, the proposal is subject to par. (c) or (e) based on the boundaries of that city,
14village, or town.
SB1,79,1915
b. If the proposal is to provide a public water supply within more than one city,
16village, or town, any portion of the proposal that provides a public water supply
17within a straddling community is subject to par. (c) and any portion of the proposal
18that provides a public water supply within a community described in par. (e) 1.
19(intro.) is subject to par. (e).
SB1,79,2520
2. For the purposes of applying the requirements in pars. (c), (e), and (f) to a
21proposal under par. (b), the department shall use, as appropriate, the planned
22service area of the public water supply system receiving water under the proposal.
23The planned service area is the service area of the system at the end of any planning
24period authorized by the department in the approved water supply service area plan
25under s. 281.348 that covers the public water supply system.
SB1,80,6
1(c)
Straddling communities. The department may approve a proposal under
2par. (b) to begin an interbasin transfer, increase an interbasin transfer, or expand an
3interbasin transfer area, to an area within a straddling community but outside the
4Great Lakes basin or outside the source watershed if the water transferred will be
5used solely for public water supply purposes in the straddling community and all of
6the following apply:
SB1,80,97
1. An amount of water equal to the amount of water withdrawn from the Great
8Lakes basin, less an allowance for consumptive use, will be returned to the source
9watershed.
SB1,80,1110
2. No surface water or groundwater from outside the source watershed will be
11returned to the source watershed unless all of the following apply:
SB1,80,1312
a. The returned water will be from a water supply or wastewater treatment
13system that combines water from inside and outside the Great Lakes basin.
SB1,80,1614
b. The returned water will be treated to meet applicable permit requirements
15under s. 283.31 and to prevent the introduction of invasive species into the Great
16Lakes basin.
SB1,80,2017
c. The proposal maximizes the amount of water withdrawn from the Great
18Lakes basin that will be returned to the source watershed and minimizes the amount
19of water from outside the Great Lakes basin that will be returned to the source
20watershed.
SB1,80,2221
2m. The proposal is consistent with an approved water supply service area plan
22under s. 281.348 that covers the public water supply system.
SB1,80,2523
3. If the proposal would result from a new withdrawal or an increase in a
24withdrawal that would average 100,000 gallons or more per day in any 90-day
25period, the proposal meets the exception standard under par. (f).
SB1,81,8
1(d)
Intrabasin transfer. 1. The department may approve a proposal under par.
2(b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par.
3(c) does not apply that would average less than 100,000 gallons per day in every
490-day period, if the proposal meets the applicable requirements under s. 30.18,
5281.34, or 281.41 or, if those sections do not apply, any requirements specified by the
6department by rule and, if the water will be used for public water supply purposes,
7the proposal is consistent with an approved water supply service area plan under s.
8281.348 that covers the public water supply system.
SB1,81,139
2. The department may approve a proposal under par. (b) for a new intrabasin
10transfer or an increase in or expansion of an intrabasin transfer to which par. (c) does
11not apply that would average more than 100,000 gallons per day in any 90-day
12period with a new water loss or an increase in water loss that would average less than
135,000,000 gallons per day in every 90-day period, if all of the following apply:
SB1,81,1614
a. The proposal meets the exception standard under par. (f), except that the
15water may be returned to a watershed within the Great Lakes basin other than the
16source watershed and par. (f) 3m. does not apply.
SB1,81,2017
b. The applicant demonstrates that there is no feasible, cost-effective, and
18environmentally sound water supply alternative within the watershed to which the
19water will be transferred, including conservation of existing water supplies as
20determined under par. (g).
SB1,81,2321
c. If the water will be used for public water supply purposes, the proposal is
22consistent with an approved water supply service area plan under s. 281.348 that
23covers the public water supply system.
SB1,82,224
3. The department may approve a proposal under par. (b) for a new intrabasin
25transfer or an increase in an intrabasin transfer to which par. (c) does not apply with
1a new water loss or an increase in water loss that would average 5,000,000 gallons
2per day or more in any 90-day period, if all of the following apply:
SB1,82,33
a. The proposal meets the exception standard under par. (f).
SB1,82,74
b. The applicant demonstrates that there is no feasible, cost-effective, and
5environmentally sound water supply alternative within the watershed to which the
6water will be transferred, including conservation of existing water supplies as
7determined under par. (g).
SB1,82,108
c. If the water will be used for public water supply purposes, the proposal is
9consistent with an approved water supply service area plan under s. 281.348 that
10covers the public water supply system.
SB1,82,1711
(e)
Straddling counties. 1. The department may approve a proposal under par.
12(b) for a new interbasin transfer or an increase in an interbasin transfer if the water
13transferred will be used solely for public water supply purposes in a community
14within a straddling county or, if a community is partly within a straddling county and
15partly within a county that lies entirely outside the Great Lakes basin, the water
16transferred will be used solely for public water supply purposes in the portion of the
17community that is within the straddling county and all of the following apply:
SB1,82,1818
a. The community is without adequate supplies of potable water.
SB1,82,1919
b. The proposal meets the exception standard under par. (f).
SB1,82,2320
c. The proposal maximizes the amount of water withdrawn from the Great
21Lakes basin that will be returned to the source watershed and minimizes the amount
22of water from outside the Great Lakes basin that will be returned to the source
23watershed.
SB1,83,3
1d. There is no reasonable water supply alternative within the watershed in
2which the community is located, including conservation of existing water supplies
3as determined under par. (g).
SB1,83,64
e. The proposal will not endanger the integrity of the Great Lakes basin
5ecosystem based upon a determination that the proposal will have no significant
6adverse impact on the Great Lakes basin ecosystem.
SB1,83,87
em. The proposal is consistent with an approved water supply service area plan
8under s. 281.348 that covers the public water supply system.
SB1,83,149
2. In determining whether to approve a proposal under this paragraph, the
10department shall give substantive consideration to whether the applicant provides
11sufficient scientifically based evidence that the existing water supply is derived from
12groundwater that is hydrologically interconnected to waters of the Great Lakes
13basin. The department may not use a lack of hydrological connection to the waters
14of the Great Lakes basin as a reason to disapprove a proposal.
SB1,83,1815
(f)
Exception standard. A proposal to which par. (fm) does not apply meets the
16exception standard if subds. 1. to 7. apply to the proposal. A proposal to which par.
17(fm) applies meets the exception standard if the department considers, under par.
18(fm), whether:
SB1,83,2119
1. The need for the proposed interbasin transfer cannot reasonably be avoided
20through the efficient use and conservation of existing water supplies as determined
21under par. (g).
SB1,83,2322
2. The interbasin transfer is limited to quantities that are reasonable for the
23purposes for which the interbasin transfer is proposed.
SB1,84,3
13. An amount of water equal to the amount of water withdrawn from the Great
2Lakes basin will be returned to the source watershed, less an allowance for
3consumptive use.
SB1,84,64
3m. The place at which the water is returned to the source watershed is as close
5as practicable to the place at which the water is withdrawn, unless the applicant
6demonstrates that returning the water at that place is one of the following:
SB1,84,77
a. Not cost-effective.
SB1,84,88
b. Not environmentally sound.
SB1,84,99
c. Not in the interest of public health.
SB1,84,1110
4. No water from outside the Great Lakes basin will be returned to the source
11watershed unless all of the following apply:
SB1,84,1312
a. The returned water is from a water supply or wastewater treatment system
13that combines water from inside and outside the Great Lakes basin.
SB1,84,1614
b. The returned water will be treated to meet applicable permit requirements
15under s. 283.31 and to prevent the introduction of invasive species into the Great
16Lakes basin and the department has approved the permit under s. 283.31.
SB1,84,2017
c. If the water is returned through a structure on the bed of a navigable water,
18the structure is designed and will be operated to meet the applicable permit
19requirements under s. 30.12 and the department has approved the permit under s.
2030.12.
SB1,85,221
4m. If water will be returned to the source watershed through a stream
22tributary to one of the Great Lakes, the physical, chemical, and biological integrity
23of the receiving water under subd. 3. will be protected and sustained as required
24under ss. 30.12, 281.15, and 283.31, considering the state of the receiving water
25before the proposal is implemented and considering both low and high flow
1conditions and potential adverse impacts due to changes in temperature and
2nutrient loadings.
SB1,85,93
5. The interbasin transfer will result in no significant adverse individual
4impacts or cumulative impacts to the quantity or quality of the waters of the Great
5Lakes basin or to water dependent natural resources, including cumulative impacts
6that might result due to the proposed interbasin transfer, based upon a
7determination that the proposed interbasin transfer will not have any significant
8adverse impacts on the sustainable management of the waters of the Great Lakes
9basin.
SB1,85,1210
6. The applicant commits to implementing the applicable water conservation
11measures under sub. (8) (d) that are environmentally sound and economically
12feasible for the applicant.
SB1,85,1513
7. The interbasin transfer will be in compliance with all applicable local, state,
14and federal laws and interstate and international agreements, including the
15Boundary Waters Treaty of 1909.
SB1,85,2016
(fm)
Approval of certain applications. The department shall determine
17whether to grant an approval under par. (c) or (e) of an application under par. (b) 1.
18through the water supply service area planning process under s. 281.348,
19considering the items in par. (f) 1. to 7. as factors in the cost-effectiveness analysis
20under s. 281.348 (3) (d) 1.
SB1,86,221
(g)
Conservation and efficient use of existing water supplies. The department
22shall promulgate rules specifying the requirements for an applicant for a new,
23increased, or expanded interbasin transfer subject to par. (f) to demonstrate the
24efficient use and conservation of existing water supplies for the purposes of pars. (d)
252. b. and 3. b., (e) 1. d., and (f) 1., including requiring the applicant to document the
1water conservation planning and analysis used to identify the water conservation
2and efficiency measures that the applicant determined were feasible.
SB1,86,73
(i)
Interbasin transfer amount. In an approval issued under this subsection or
4a modification granted under this subsection to increase the amount of an interbasin
5transfer, the department shall specify an interbasin transfer amount equal to the
6quantity of water that is reasonable for the purposes for which the interbasin
7transfer is proposed.
SB1,86,14
8(4e) Determining initial withdrawal amounts for withdrawals from the
9Great Lakes basin. (a) Before issuing automatic notice of coverage under a general
10permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a
11withdrawal from the Great Lakes basin for which the department is required to issue
12automatic notice of coverage under a general permit or an automatic individual
13permit, the department shall determine the initial withdrawal amount for the
14withdrawal under this subsection.
SB1,86,1915
(b) 1. Except as provided in subds. 2. and 3e. and par. (f), the department shall
16estimate the initial withdrawal amount for a withdrawal based on the maximum
17hydraulic capacity of the most restrictive component in the water supply system used
18for the withdrawal as of the date that the department makes the estimate, based on
19information available to the department.
SB1,86,2420
2. Except as provided in subd. 3e., if the department has issued an approval
21under s. 30.12, 30.18, 281.34, or 281.41, or s. 281.17, 2001 stats., that is required for
22a withdrawal and the approval contains a limit on the amount of water that may be
23withdrawn, the department shall provide an estimate of the initial withdrawal
24amount equal to the limit in the approval.
SB1,87,6
13e. If water is withdrawn through more than one water supply system to serve
2a facility, the department shall determine the amount under subd. 1. for each of the
3water supply systems to which subd. 2. does not apply and shall determine the
4amount under subd. 2. for each of the water supply systems to which subd. 2. applies
5and shall provide an estimate of the initial withdrawal amount that is equal to the
6sum of the amounts determined for each of the water supply systems.
SB1,87,87
(c) The department shall provide the estimate under par. (b) for a withdrawal
8to the person making the withdrawal.
SB1,87,109
(d) After receiving an estimate under par. (c), a person making a withdrawal
10may provide the department with information relating to any of the following:
SB1,87,1111
1. The components of the water supply system used for the withdrawal.
SB1,87,1312
2. Seasonal variations in the amount of water supplied by the water supply
13system.
SB1,87,1614
3. Plans for expanding the capacity of the water supply system submitted to
15the department no later than 2 years after the effective date of this subdivision ....
16[revisor inserts date].
SB1,87,1817
4. Amounts withdrawn during the 5 years before the year in which the person
18submits the information.
SB1,87,2019
5. Successful water conservation efforts by persons using the water that is
20withdrawn.
SB1,87,2221
6. Water loss from consumptive uses of similar types of users compared to the
22water loss from consumptive use of persons using the water that is withdrawn.
SB1,87,2323
7. Other relevant information.
SB1,88,224
(e) Except as provided in par. (f), the department shall determine the initial
25withdrawal amount for a withdrawal based on the estimate under par. (b) and the
1department's evaluation of any information provided under par. (d). The department
2may not consider information provided by any other person.
SB1,88,123
(f) For a public water supply system that, on the effective date of this paragraph
4.... [revisor inserts date], has approval under s. 281.41 to provide water from the
5Great Lakes basin for public water supply purposes outside of the Great Lakes basin
6and approval under s. 283.31 to return the associated wastewater to the Great Lakes
7basin, the department shall determine the initial withdrawal amount to be the
8amount of water necessary to provide water for public water supply purposes in the
9service territory specified in the sewer service area provisions of the areawide water
10quality management plan under s. 283.83 approved by the department before
11December 31, 2007, based on the population and related service projections in those
12provisions.
SB1,88,1513
(g) The department's determination of an initial withdrawal amount under par.
14(e) or (f) is not subject to administrative review under ch. 227 except at the request
15of the person making the withdrawal.
SB1,88,2016
(h) If 2 or more public water supply systems merge after the department
17determines their initial withdrawal amounts under par. (e) and before the
18department issues the initial individual permits under sub. (5) (c) for the systems,
19the initial withdrawal amount for the new system is the sum of the amounts
20determined under par. (e) for the individual systems.
SB1,89,2
21(4m) Water use permits required in the Great Lakes basin. Beginning on the
22first day of the 84th month beginning after the effective date of this subsection ....
23[revisor inserts date], except as provided in sub. (4s) (bm), a person may not make
24a withdrawal from the Great Lakes basin that averages 100,000 gallons per day or
1more in any 30-day period unless the withdrawal is covered under a general permit
2under sub. (4s) or an individual permit under sub. (5).
SB1,89,8
3(4s) General water use permits for Great Lakes basin. (a)
Department to
4issue. The department shall issue one or more general permits to cover withdrawals
5from the Great Lakes basin that average 100,000 gallons per day or more in any
630-day period but that do not equal at least 1,000,000 gallons per day for any 30
7consecutive days. The department shall include all of the following in a general
8permit:
SB1,89,99
1. Reference to the database of withdrawal amounts under par. (i).
SB1,89,1210
2. Requirements for estimating the amount withdrawn, monitoring the
11withdrawal, if necessary, and reporting the results of the estimating and monitoring,
12as provided in rules promulgated by the department.
SB1,89,1413
3. Requirements for water conservation, as provided in rules promulgated by
14the department under sub. (8) (d).
SB1,89,1615
(am)
Term of general permit. The term of a general permit issued under par.
16(a) is 25 years.
SB1,89,2317
(b)
General requirement. Beginning on the date under sub. (4m), a person who
18does not hold an individual permit under sub. (5) may not make a withdrawal that
19averages 100,000 gallons per day or more in any 30-day period, but that does not
20equal at least 1,000,000 gallons per day for any 30 consecutive days, unless the
21withdrawal is covered under a general permit, except as provided in par. (bm). A
22person to whom the department has issued a notice of coverage under a general
23permit shall comply with the general permit.
SB1,90,3
1(bm)
Waiver. The department may waive the requirement to obtain coverage
2under a general permit for a person making a withdrawal that is covered by a permit
3under s. 30.18 (2) (a).
SB1,90,164
(c)
Automatic notice of coverage for existing withdrawals. The department shall
5automatically issue a notice of coverage under a general permit to a person who
6makes a withdrawal from the Great Lakes basin and who reports under sub. (3) (e)
7before the date under sub. (4m), if the withdrawal averages 100,000 gallons per day
8or more in any 30-day period but does not equal at least 1,000,000 gallons per day
9for any 30 consecutive days. If necessary, the department may request additional
10information before issuing a notice under this paragraph. The department shall
11issue a notice under this paragraph no later than the date under sub. (4m). The
12department may promulgate a rule under which the department issues automatic
13notices of coverage under a general permit on a staggered schedule before the date
14under sub. (4m). In the notice provided under this paragraph for a withdrawal, the
15department shall specify a withdrawal amount equal to the initial withdrawal
16amount determined under sub. (4e) for the withdrawal.
SB1,91,217
(d)
Coverage under general permit for new or increased withdrawals. 1. A
18person who proposes to begin a withdrawal from the Great Lakes basin that will
19average 100,000 gallons per day or more in any 30-day period, or to increase an
20existing withdrawal so that it will average 100,000 gallons per day or more in any
2130-day period, after the first day of the 36th month beginning after the effective date
22of this subdivision .... [revisor inserts date], and to whom the department is not
23required to issue automatic notice of coverage under a general permit under par. (c),
24but who does not propose to withdraw at least 1,000,000 gallons per day for any 30
25consecutive days, shall apply to the department for coverage under a general permit.
1In the application, the person shall provide the information required by the
2department by rule.
SB1,91,73
2. After receiving an application under subd. 1., the department shall, within
4the time limit established by the department by rule, determine whether the
5withdrawal qualifies for coverage under a general permit or notify the applicant of
6any additional information needed to determine whether the withdrawal qualifies
7for coverage under a general permit.
SB1,91,138
3. Except as provided in subd. 3m., if the department determines that a
9withdrawal qualifies for coverage under a general permit and the department has
10issued any approvals that are required for the withdrawal under s. 30.12, 30.18,
11281.34, or 281.41 or s. 281.17, 2001 stats., the department shall issue a notice of
12coverage. In the notice, the department shall specify a withdrawal amount that is,
13except as provided in subd. 3e., equal to the smallest of the following amounts:
SB1,91,1914
a. The maximum hydraulic capacity of the most restrictive component of the
15water supply system used for the withdrawal for which the person has approval
16under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
17under one of those provisions is not required for the most restrictive component of
18the water supply system, the maximum hydraulic capacity of the most restrictive
19component that the person proposes to use in the water supply system.
SB1,91,2120
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
21stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB1,91,2522
3e. If water is withdrawn through more than one water supply system to serve
23a facility, the department shall determine the smallest amounts under subd. 3. a. or
24b. for each of the water supply systems and shall specify a withdrawal amount that
25is equal to the sum of the amounts determined for each of the water supply systems.
SB1,92,4
13m. a. The department may not approve an application under subd. 1. for a
2withdrawal for the purpose of providing water to a public water supply system that
3is covered by an approved water supply service area plan under s. 281.348, unless
4the withdrawal is consistent with the water supply service area plan.
SB1,92,105
b. If the department approves an application under subd. 1. for a withdrawal
6for the purpose of providing water to a public water supply system that is covered by
7an approved water supply service area plan under s. 281.348, the department shall
8issue a notice of coverage. In the notice of coverage the department shall specify a
9withdrawal amount that is equal to the withdrawal amount in the water supply
10service area plan.
SB1,92,1311
4. If the department determines that a withdrawal does not qualify for coverage
12under a general permit, the department shall notify the applicant in writing of the
13reason for that determination.
SB1,92,1914
(dm)
Requiring individual permit. The department may require a person who
15is making or proposes to make a withdrawal that averages 100,000 gallons per day
16or more in any 30-day period, but that does not equal at least 1,000,000 gallons per
17day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the
18withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1)
19(a), or a groundwater management area designated under s. 281.34 (9).
SB1,92,2520
(e)
Increase in withdrawal amount. 1. Before the compact's effective date, if
21a person making a withdrawal that is covered under a general permit proposes to
22increase the amount of the withdrawal over the withdrawal amount specified in the
23database under par. (i) for the withdrawal, but does not propose to withdraw at least
241,000,000 gallons per day for any 30 consecutive days, the person shall apply to the
25department for a modification of the withdrawal amount.
SB1,93,5
13. Except as provided in subd. 3m., if the department has issued any approvals
2that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or
3281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount
4to an amount that is, except as provided in subd. 3e., equal to the smallest of the
5following amounts:
SB1,93,116
a. The maximum hydraulic capacity of the most restrictive component of the
7water supply system used for the withdrawal for which the person has approval
8under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
9under one of those provisions is not required for the most restrictive component of
10the water supply system, the maximum hydraulic capacity of the most restrictive
11component that the person proposes to use in the water supply system.
SB1,93,1312
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
13stats., specifies a maximum amount of water that may be withdrawn, that amount.