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 An amount of water equal to the amount of water withdrawn from the Great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5as practicable to the place at which the water is withdrawn, unless the applicant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.
SB1,93,1714
3e. If water is withdrawn through more than one water supply system to serve
15a facility, the department shall determine the smallest amount under subd. 3. a. or
16b. for each of the water supply systems and shall specify a withdrawal amount that
17is equal to the sum of the amounts determined for each of the water supply systems.
SB1,93,2118
3m. a. The department may not approve an application under subd. 1. for a
19withdrawal for the purpose of providing water to a public water supply system that
20is covered by an approved water supply service area plan under s. 281.348, unless
21the withdrawal is consistent with the water supply service area plan.
SB1,94,222
b. If the department approves an application under subd. 1. for a withdrawal
23for the purpose of providing water to a public water supply system that is covered by
24an approved water supply service area plan under s. 281.348, the department shall
1modify the withdrawal amount to an amount equal to the withdrawal amount in the
2water supply service area plan.
SB1,94,43
(f)
Term of coverage. Coverage under a general permit ends on the date that
4the term of the general permit under par. (am) ends.
SB1,94,135
(g)
Redetermination. A person to whom the department has issued a notice of
6coverage under a general permit shall apply to the department for redetermination
7of coverage under a new general permit at least 180 days before the end of the term
8of the current general permit if the person intends to continue to withdraw from the
9Great Lakes basin an average of 100,000 gallons per day or more in any 30-day
10period but does not intend to withdraw at least 1,000,000 gallons per day for any 30
11consecutive days. If the person is in substantial compliance with the current general
12permit and the withdrawal qualifies for coverage under the new general permit, the
13department shall issue a notice of coverage under the new general permit.
SB1,94,1814
(h)
Suspension and revocation. After an opportunity for a hearing, the
15department may suspend or revoke coverage under a general permit issued under
16this subsection for cause, including obtaining coverage under the permit by
17misrepresentation or failure to disclose material facts or substantially violating the
18terms of the permit.
SB1,94,2119
(i)
Database. The department shall maintain a database of the withdrawal
20amounts for all withdrawals that are covered under general permits under this
21subsection.
SB1,95,2
22(5) Individual water use permits for Great Lakes basin. (a)
Requirement. 23Beginning on the date under sub. (4m), a person may not make a withdrawal from
24the Great Lakes basin that equals at least 1,000,000 gallons per day for any 30
25consecutive days unless the withdrawal is covered by an individual permit. A person
1to whom the department has issued an individual permit shall comply with the
2individual permit.
SB1,95,43
(b)
Content of individual permits. The department shall include all of the
4following in an individual permit:
SB1,95,65
1. A withdrawal amount as determined under par. (d) 3., 3e., or 3m. or (e) 3.,
63e., or 3m. or sub. (4e).
SB1,95,97
3. Requirements for estimating the amount withdrawn, monitoring the
8withdrawal, if necessary, and reporting the results of the estimating and monitoring,
9as provided in rules promulgated by the department.
SB1,95,1110
4. Requirements for water conservation, as provided in rules promulgated by
11the department under sub. (8) (d).
SB1,95,1312
5. Limits on the location and dates or seasons of the withdrawal and on the
13allowable uses of the water, as provided in rules promulgated by the department.
SB1,95,1514
6. Conditions on any interbasin transfer under sub. (4) made by the person
15making the withdrawal.
SB1,95,1716
6m. If s. 281.35 (4) applies to the withdrawal, the matters under s. 281.35 (6)
17(a).
SB1,96,318
(c)
Automatic issuance of individual permits for existing withdrawals. The
19department shall automatically issue an individual permit to a person who makes
20a withdrawal from the Great Lakes basin and who reports under sub. (3) (e) before
21the date under sub. (4m), if the withdrawal equals at least 1,000,000 gallons per day
22for any 30 consecutive days. If necessary, the department may request additional
23information before issuing a permit under this paragraph. The department shall
24issue a permit under this paragraph no later than the date under sub. (4m). In the
25permit, the department shall specify a withdrawal amount equal to the initial
1withdrawal amount determined under sub. (4e) for the withdrawal. The department
2may promulgate a rule under which the department issues automatic individual
3permits on a staggered schedule before the date under sub. (4m).
SB1,96,124
(d)
Individual permit for new or increased unpermitted withdrawals. 1. A
5person who proposes to begin a withdrawal from the Great Lakes basin that will
6equal at least 1,000,000 gallons per day for any 30 consecutive days or to modify an
7existing withdrawal so that it will equal at least 1,000,000 gallons per day for any
830 consecutive days, after the first day of the 36th month beginning after the effective
9date of this subdivision .... [revisor inserts date], and to whom the department is not
10required to issue an automatic individual permit under par. (c), shall apply to the
11department for an individual permit. In the application, the person shall provide the
12information required by the department by rule.
SB1,96,1613
2. After receiving an application under subd. 1., the department shall, within
14the time limit established by the department by rule, determine whether to approve
15the application or notify the applicant of any additional information needed to
16determine whether to approve the application.
SB1,96,2217
3. Except as provided in subd. 3m., if the department approves an application
18under subd. 1. and the department has issued any approvals that are required for
19the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the
20department shall issue an individual permit. In the permit, the department shall
21specify a withdrawal amount that is, except as provided in subd. 3e., equal to the
22smallest of the following amounts:
SB1,97,323
a. The maximum hydraulic capacity of the most restrictive component of the
24water supply system used for the withdrawal for which the person has approval
25under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
1under one of those provisions is not required for the most restrictive component of
2the water supply system, the maximum hydraulic capacity of the most restrictive
3component that the person proposes to use in the water supply system.
SB1,97,54
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
5stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB1,97,106
3e. If water is withdrawn through more than one water supply system to serve
7a facility, the department shall determine the smaller of the amounts under subd. 3.
8a. or b. for each of the water supply systems and shall specify a withdrawal amount
9that is equal to the sum of the amounts determined for each of the water supply
10systems.
SB1,97,1411
3m. a. The department may not approve an application under subd. 1. for a
12withdrawal for the purpose of providing water to a public water supply system that
13is covered by an approved water supply service area plan under s. 281.348, unless
14the withdrawal is consistent with the water supply service area plan.
SB1,97,2015
b. If the department approves an application under subd. 1. for a withdrawal
16for the purpose of providing water to a public water supply system that is covered by
17an approved water supply service area plan under s. 281.348, the department shall
18issue an individual permit. In the permit, the department shall specify a withdrawal
19amount that is equal to the withdrawal amount in the water supply service area
20plan.
SB1,97,2221
4. If the department disapproves an application under subd. 1., the department
22shall notify the applicant in writing of the reason for the disapproval.
SB1,98,223
(e)
Increase in withdrawal amount. 1. Before the compact's effective date, if
24a person making a withdrawal that is covered under an individual permit proposes
25to increase the amount of the withdrawal over the withdrawal amount specified in
1the permit, the person shall apply to the department for a modification of the permit
2to increase the withdrawal amount.
SB1,98,73
3. Except as provided in subd. 3m., if the department has issued any approvals
4that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or
5281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount
6to an amount that is, except as provided in subd. 3e., equal to the smallest of the
7following amounts:
SB1,98,138
a. The maximum hydraulic capacity of the most restrictive component of the
9water supply system used for the withdrawal for which the person has approval
10under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
11under one of those provisions is not required for the most restrictive component of
12the water supply system, the maximum hydraulic capacity of the most restrictive
13component that the person proposes to use in the water supply system.
SB1,98,1514
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
15stats., specifies a maximum amount of water that may be withdrawn, that amount.