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8. Whether the water use is continuous or intermittent.
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9. Whether the person holds a permit under s. 283.31.
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10. Other information required by the department by rule.
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(c) The department shall maintain a registry containing the information
16provided under par. (b).
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(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.
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(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.
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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.
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(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.
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(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:
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1. Outside of the Great Lakes basin.
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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.
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(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).
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(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.
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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).
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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.
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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.
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(bg)
Determinations. 1. The department shall determine whether a proposal
11under par. (b) is subject to par. (c) or (e) as follows:
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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.
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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).
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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.
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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:
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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.
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2. No surface water or groundwater from outside the source watershed will be
11returned to the source watershed unless all of the following apply:
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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.
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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:
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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).
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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:
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a. The proposal meets the exception standard under par. (f).
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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).
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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:
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a. The community is without adequate supplies of potable water.
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b. The proposal meets the exception standard under par. (f).
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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.
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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).
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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.
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em. The proposal is consistent with an approved water supply service area plan
8under s. 281.348 that covers the public water supply system.
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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.
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(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:
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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).
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2. The interbasin transfer is limited to quantities that are reasonable for the
23purposes for which the interbasin transfer is proposed.
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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.
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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:
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a. Not cost-effective.
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b. Not environmentally sound.
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c. Not in the interest of public health.
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4. No water from outside the Great Lakes basin will be returned to the source
11watershed unless all of the following apply:
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a. The returned water is from a water supply or wastewater treatment system
13that combines water from inside and outside the Great Lakes basin.
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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.
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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.
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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.
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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.
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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.
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(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.
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(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.
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(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.
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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.
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(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.
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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.
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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.
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(c) The department shall provide the estimate under par. (b) for a withdrawal
8to the person making the withdrawal.
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(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.
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2. Seasonal variations in the amount of water supplied by the water supply
13system.
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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].
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4. Amounts withdrawn during the 5 years before the year in which the person
18submits the information.
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5. Successful water conservation efforts by persons using the water that is
20withdrawn.