SB1,69,1613
(o) "Product" means something produced by human or mechanical effort or
14through agricultural processes and used in manufacturing, commercial, or other
15processes or intended for intermediate or ultimate consumers, subject to all of the
16following:
SB1,69,1717
1. Water used as part of the packaging of a product is part of the product.
SB1,69,2018
2. Other than water used as part of the packaging of a product, water that is
19used primarily to transport materials in or out of the Great Lakes basin is not a
20product or part of a product.
SB1,69,2221
3. Except as provided in subd. 1., water that is transferred as part of a public
22or private supply is not a product or part of a product.
SB1,69,2423
4. Water in its natural state, such as in lakes, rivers, reservoirs, aquifers, or
24water basins, is not a product.
SB1,70,4
1(pm) "Public water supply" means water distributed to the public through a
2physically connected system of treatment, storage, and distribution facilities that
3serve a group of largely residential customers and that may also serve industrial,
4commercial, and other institutional customers.
SB1,70,95
(ps) "Reasonable water supply alternative" means a water supply alternative
6that is similar in cost to, and as environmentally sustainable and protective of public
7health as, the proposed new or increased interbasin transfer and that does not have
8greater adverse environmental impacts than the proposed new or increased
9interbasin transfer.
SB1,70,1410
(q) "Regional body" means the body consisting of the governors of Illinois,
11Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and
12the premiers of Ontario and Quebec, Canada, or their designees, as established by
13the Great Lakes—St. Lawrence River Basin Sustainable Water Resources
14Agreement.
SB1,70,2115
(r) "Source watershed" means the watershed from which a withdrawal
16originates. If water is withdrawn directly from a Great Lake or from the St.
17Lawrence River, then the source watershed is the watershed of that Great Lake or
18the watershed of the St. Lawrence River, respectively. If water is withdrawn from
19the watershed of a stream that is a direct tributary to a Great Lake or a direct
20tributary to the St. Lawrence River, then the source watershed is the watershed of
21that Great Lake or the watershed of the St. Lawrence River, respectively.
SB1,70,2522
(t) "Straddling community" means any city, village, or town that is partly
23within the Great Lakes basin or partly within the watersheds of 2 of the Great Lakes
24and that is wholly within any county that lies partly or completely within the Great
25Lakes basin.
SB1,71,2
1(tm) "Straddling county" means a county that lies partly within the Great
2Lakes basin.
SB1,71,43
(w) "Water dependent natural resources" means the interacting components of
4land, water, and living organisms affected by the waters of the Great Lakes basin.
SB1,71,75
(wm) "Water loss" means the amount of water that is withheld from or not
6returned to the basin from which it is withdrawn as a result of an interbasin transfer
7or consumptive use or both.
SB1,71,98
(wp) "Water supply system," when not preceded by "public," means one of the
9following:
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1. Except as provided in subd. 2., the equipment handling water from the point
11of intake of the water to the first point at which the water is used.
SB1,71,1312
2. For a system for providing a public water supply, the equipment from the
13point of intake of the water to first point at which the water is distributed.
SB1,71,1514
(wr) "Water utility" means a public utility, as defined in s. 196.01 (5), that
15furnishes water.
SB1,71,1816
(x) "Waters of the Great Lakes basin" means the Great Lakes and all streams,
17rivers, lakes, connecting channels, and other bodies of water, including tributary
18groundwater, within the Great Lakes basin.
SB1,71,1919
(y) "Withdraw" means to take water from surface water or groundwater.
SB1,71,2220
(z) "Withdrawal" means the taking of water from surface water or groundwater,
21including the taking of surface water or groundwater for the purpose of bottling the
22water.
SB1,72,423
(zm) "Without adequate supplies of potable water" means without a water
24supply that is economically and environmentally sustainable in the long term to
25meet reasonable demands for a water supply in the quantity and quality that
1complies with applicable drinking water standards, is protective of public health, is
2available at a reasonable cost, and does not have adverse environmental impacts
3greater than those likely to result from the proposed new or increased interbasin
4transfer.
SB1,72,8
5(2) Determinations concerning applicability of requirements. (a)
Use of
6surface water divide. For the purposes of this section, the surface water divide is used
7to determine whether a withdrawal or transfer of surface water or groundwater is
8from the Great Lakes basin.
SB1,72,129
(b)
Transfers and withdrawals from more than one source. For the purposes
10of this section, the interbasin transfer or withdrawal of water from more than one
11source within the Great Lakes basin to supply a single facility or public water supply
12system is considered one interbasin transfer or withdrawal.
SB1,72,1413
(c)
Water loss. The department shall promulgate rules for determining the
14amount of water loss from consumptive uses.
SB1,72,1715
(d)
County boundaries. For the purposes of sub. (1) (d), (t), and (tm), a county's
16boundaries as of December 13, 2005, shall be used to determine whether a county lies
17partly within the Great Lakes basin.
SB1,72,2018
(e)
Public trust doctrine. Nothing in this section may be interpreted to change
19the application of the public trust doctrine under article IX, section 1, of the
20Wisconsin Constitution or to create any new public trust rights.
SB1,72,2221
(f)
Water resources protection act. 1. In this paragraph, "historic" means made
22before the effective date of this subdivision .... [revisor inserts date].
SB1,73,223
2. The department may not change its historic interpretation or application of
2442 USC 1962d-20 (d) to a public water supply for a community in this state until that
1provision is amended. The department shall evaluate all applications under sub. (4)
2(b) using the requirements in sub. (4) and shall apply those requirements uniformly.
SB1,73,11
3(3) Statewide registration and reporting. (a) 1. Any person who, on the first
4day of the 36th month beginning after the effective date of this subdivision ....
5[revisor inserts date], has a water supply system with the capacity to make a
6withdrawal from the waters of the state averaging 100,000 gallons per day or more
7in any 30-day period or is making any interbasin transfer shall register the
8withdrawal or interbasin transfer with the department by the deadline specified by
9the department by rule. A person may register a withdrawal or interbasin transfer
10before the first day of the 36th month beginning after the effective date of this
11subdivision .... [revisor inserts date].
SB1,73,2012
2. Any person who, after the first day of the 36th month beginning after the
13effective date of this subdivision .... [revisor inserts date], proposes to begin a
14withdrawal from the waters of the state using a water supply system that will have
15the capacity to withdraw an average of 100,000 gallons per day or more in any 30-day
16period, to increase the capacity of a water supply system that existed on the first day
17of the 36th month beginning after the effective date of this subdivision .... [revisor
18inserts date], so that it will have the capacity to withdraw an average of 100,000
19gallons per day or more in any 30-day period, or to begin an interbasin transfer shall
20register the withdrawal or interbasin transfer with the department.
SB1,73,2221
(b) A person to whom par. (a) applies shall register on a form prescribed by the
22department and provide all of the following information:
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1. The name and address of the registrant and the date of registration.
SB1,73,2424
2. The locations and sources of the withdrawal or interbasin transfer.
SB1,74,2
13. The daily capacity of the withdrawal or interbasin transfer and the daily
2capacity to withdraw or transfer from each source.
SB1,74,43
4. An estimate of the volume of the withdrawal or interbasin transfer in terms
4of gallons per day average in any 30-day period.
SB1,74,85
4m. For a withdrawal from the Great Lakes basin that averages 100,000
6gallons per day or more in any 30 day period, an estimate of the maximum hydraulic
7capacity of the most restrictive component in each water supply system used for the
8withdrawal.
SB1,74,99
5. The uses made of the water.
SB1,74,1010
6. The places at which the water is used.
SB1,74,1111
7. The places at which any of the water is discharged.
SB1,74,1212
8. Whether the water use is continuous or intermittent.
SB1,74,1313
9. Whether the person holds a permit under s. 283.31.
SB1,74,1414
10. Other information required by the department by rule.
SB1,74,1615
(c) The department shall maintain a registry containing the information
16provided under par. (b).
SB1,74,1917
(cm) The department may consider domestic security concerns when
18determining whether information regarding locations of withdrawals and interbasin
19transfers contained in the registry under par. (c) may be released to the public.
SB1,75,220
(e) 1. Each person who makes a withdrawal from the waters of the state that
21averages 100,000 gallons per day or more in any 30-day period or transfers from the
22Great Lakes basin any amount and who has registered the withdrawal or interbasin
23transfer under par. (a) shall annually report to the department the monthly volumes
24of withdrawal, whether the person ever withdraws at least 1,000,000 gallons per day
1for 30 consecutive days, and, if applicable, the volumes of interbasin transfer and,
2subject to par. (em), water loss from consumptive use.
SB1,75,63
2. In addition to the information required under subd. 1., the department may,
4by rule, create different reporting frequencies or require additional information from
5a person who registers a withdrawal, or interbasin transfer under par. (a) based upon
6the type or category of water use.
SB1,75,117
(em) If a person to whom par. (e) 1. applies provides any of the water that the
8person withdraws to a public water supply system, the person who operates the
9public water supply system, rather than the person who withdraws the water, shall
10annually report to the department the volume of water loss from the consumptive use
11of the water provided to the public water supply system.
SB1,75,1312
(f) The department may require additional information under par. (b) 10. or (e)
132. only if the information is necessary to effectuate this section.
SB1,75,17
14(3e) Determining initial interbasin transfer amounts. (a) Before issuing an
15automatic approval under sub. (3m) (a) for an interbasin transfer to a person
16operating a public water supply system, the department shall determine the initial
17interbasin transfer amount for the interbasin transfer under par. (b).
SB1,75,2218
(b) The department shall determine the initial interbasin transfer amount for
19a public water supply system to be the amount of water necessary to provide water
20for public water supply purposes in the area in at least part of which the public water
21supply system delivers water to customers before the compact's effective date that
22is all of the following:
SB1,75,2323
1. Outside of the Great Lakes basin.
SB1,76,224
2. Within a sewer service territory that provides for return of wastewater to the
25Great Lakes basin and that is specified in the sewer service area provisions of an
1areawide water quality management plan under s. 283.83 approved by the
2department before December 31, 2007.
SB1,76,53
(c) The department shall use the population and related service projections in
4the sewer service area provisions described in par. (b) 2. in making the determination
5under par. (b).
SB1,76,116
(d) Before issuing an automatic approval under sub. (3m) (b) for an interbasin
7transfer to a person who does not operate a public water supply system, the
8department shall determine the initial interbasin transfer amount for the interbasin
9transfer. The department shall determine the interbasin transfer amount using the
10process and standards that it uses under sub. (4e) to determine an initial withdrawal
11amount.
SB1,76,24
12(3m) Automatic approval for existing interbasin transfers. (a) Before the
13compact's effective date, the department shall automatically issue an approval for
14an interbasin transfer that begins before the compact's effective date, to a person who
15operates a public water supply system that receives water from the interbasin
16transfer and that delivers water to customers in an area that is outside of the Great
17Lakes basin and that is within a sewer service territory that provides for return of
18wastewater to the Great Lakes basin as specified in the sewer service area provisions
19of an areawide water quality management plan under s. 283.83 approved by the
20department before December 31, 2007. The department may not issue an automatic
21approval under this subsection before the interbasin transfer begins. In the
22automatic approval, the department shall specify an interbasin transfer amount
23equal to the amount determined under sub. (3e) (b) and an interbasin transfer area
24that is the area described in sub. (3e) (b).
SB1,77,6
1(b) Before the compact's effective date, the department shall automatically
2issue an approval for an interbasin transfer that begins before the effective date of
3this paragraph .... [revisor inserts date], and that is not for public water supply
4purposes to the person who makes the interbasin transfer. In the automatic
5approval, the department shall specify an interbasin transfer amount equal to the
6amount determined under sub. (3e) (d).
SB1,77,8
7(4) New or increased interbasin transfers. (a)
Prohibition. Beginning on the
8effective date of this paragraph .... [revisor inserts date], all of the following apply:
SB1,77,129
1. No person may begin an interbasin transfer, other than an interbasin
10transfer for which the department is required to issue an automatic permit under
11sub. (3m) (a), unless the interbasin transfer is covered by an approval under par. (c),
12(d), or (e).
SB1,77,1513
2. No person may increase an interbasin transfer over the interbasin transfer
14amount in an approval issued under this subsection unless the department modifies
15the approval under par. (c), (d), or (e) to increase the interbasin transfer amount.
SB1,77,2016
3. No person may increase an interbasin transfer over the interbasin transfer
17amount in an approval issued under sub. (3m) (a) or expand the interbasin transfer
18area beyond the area specified in an approval under sub. (3m) (a) unless the
19department modifies the approval under par. (c), (d), or (e) to increase the interbasin
20transfer amount or to expand the interbasin transfer area.
SB1,77,2221
4. No person may increase an interbasin transfer over the interbasin transfer
22amount in an approval issued under sub. (3m) (b).
SB1,78,223
(b)
Application. 1. A person who proposes to begin an interbasin transfer,
24increase the amount of an interbasin transfer, or expand the interbasin transfer area
1of an interbasin transfer covered by an approval issued under sub. (3m) (a) shall
2apply to the department for approval.
SB1,78,63
2. A person may apply under subd. 1. for approval of a new, increased, or
4expanded interbasin transfer under par. (c) or (e) only if the person operates a public
5water supply system that receives or would receive water from the new, increased,
6or expanded interbasin transfer.
SB1,78,97
3. Operators of 2 or more public water supply systems may submit a joint
8application under subd. 1. for a new, increased, or expanded interbasin transfer
9under par. (c) or (e).
SB1,78,1310
4. A person who applies under subd. 1. shall provide information about the
11potential impacts of the interbasin transfer on the waters of the Great Lakes basin
12and water dependent natural resources and any other information required by the
13department by rule.
SB1,78,1714
4m. If a person who applies under subd. 1. will not directly withdraw the water
15proposed to be transferred, the person shall identify any entities that may withdraw
16the water and provide evidence of support from each of those entities in the form of
17a letter or resolution.
SB1,78,2118
4p. If the person who applies under subd. 1. will not directly return the water
19to the Great Lakes basin, the person shall identify any entities that may return the
20water and provide evidence of support from each of those entities in the form of a
21letter or resolution.
SB1,79,522
4s. If the proposal for which a person applies under subd. 1. is subject to the
23exception standard under par. (f), the person shall provide documentation of how the
24physical, chemical, and biological integrity of the receiving water under par. (f) 3. will
25be protected and sustained as required under ss. 30.12, 281.15, and 283.31,
1considering the state of the receiving water before the proposal is implemented and
2considering potential adverse impacts due to changes in temperature and nutrient
3loadings. If the receiving water is a surface water body that is tributary to one of the
4Great Lakes, the person shall include a description of the flow of the receiving water
5before the proposal is implemented, considering both low and high flow conditions.
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).