AP8 SB1: Bill Text

SB1,162,14 (c) A person preparing a plan under par. (a) shall include all of the following in the plan:

SB1,162,17 1. Delineation of the area for which the plan is being prepared and proposed water supply service areas for each public water supply system making a withdrawal covered by the plan, except as provided in par. (cm).

SB1,162,19 2. An inventory of the sources and quantities of the current water supplies in the area.

SB1,162,21 3. A forecast of the demand for water in the area over the period covered by the plan.

SB1,162,25 3m. Identification of the existing population and population density of the area for which the plan is prepared and forecasts of the expected population of the area during the period covered by the plan based on growth projections for the area and municipally planned population densities.

SB1,163,4 4. Identification of the options for supplying water in the area for the period covered by the plan that are approvable under other applicable statutes and rules and that are cost-effective based upon a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

SB1,163,6 5. An assessment of the environmental and economic impacts of carrying out specific significant recommendations of the plan.

SB1,163,9 6. A demonstration that the plan will effectively utilize existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

SB1,163,11 7. Identification of the procedures for implementing and enforcing the plan and a commitment to using those procedures.

SB1,163,14 8. An analysis of how the plan supports and is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a), and applicable approved areawide water quality management plans under s. 283.83.

SB1,163,15 9. Other information specified by the department.

SB1,164,2 (cm) For the purposes of plans under par. (a), an areawide water quality planning agency designated by the governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water supply service areas for all of the public water supply systems in the planning area for which the agency is designated. An areawide water quality planning agency shall delineate proposed water supply service areas that are consistent with the approved areawide water quality management plan under s. 283.83 for the planning area and that permit the development of plans that are approvable under par. (d). An areawide water quality planning agency may also provide regional water needs assessments and other regional water supply planning information. The process for conducting regional activities under this subsection may be the same as the process for regional water supply planning for a groundwater management area designated under s. 281.34 (9).

SB1,164,4 (d) The department may not approve a plan under this subsection unless all of the following apply:

SB1,164,8 1. The plan provides for a water supply system that is approvable under this section and other applicable statutes and rules based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

SB1,164,10 2. The plan will effectively utilize existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

SB1,164,12 3. The plan is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a).

SB1,164,14 4. The plan is consistent with any applicable approved areawide water quality management plans under s. 283.83.

SB1,164,17 5. Beginning on the compact's effective date, if the plan covers a public water supply system that withdraws water from the Great Lakes basin, the plan complies with any applicable requirements in s. 281.346 (5e).

SB1,164,23 (e) The department shall specify in a plan under this section a water supply service area for each public water supply system making a withdrawal covered by the plan. The department may not limit water supply service areas based on jurisdictional boundaries, except as necessary to prevent waters of the Great Lakes basin from being transferred from a county that lies completely or partly within the Great Lakes basin into a county that lies entirely outside the Great Lakes basin.

SB1,165,3 (f) A person applying for an approval under s. 281.344 (4) or 281.346 (4) may use elements of an approved plan under this subsection to show compliance with requirements under s. 281.344 (4) or 281.346 (4) to which the plan is relevant.

SB1,165,7 (4) Withdrawal amount in certain plans. In a plan under this section that covers a public water supply system making a withdrawal from the Great Lakes basin, the department shall specify a withdrawal amount for the public water supply system equal to the greatest of the following:

SB1,165,11 (a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.

SB1,165,18 (b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5) when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s) when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i) when the department approves the plan.

SB1, s. 20 Section 20. 281.35 (1) (a) of the statutes is amended to read:

SB1,165,21 281.35 (1) (a) "Approval" means a permit issued under s. 30.18, 281.344 (5), or 281.346 (5) or an approval under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.

SB1, s. 21 Section 21. 281.35 (1) (b) 2. of the statutes, as affected by 2007 Wisconsin Act 96, is amended to read:

SB1,166,2 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 281.17, 2001 stats., or s. 30.18 (6) (c), 196.98, 281.34, 281.344 (5), 281.346 (5), or 281.41.

SB1, s. 22 Section 22. 281.35 (1) (bm) of the statutes is created to read:

SB1,166,5 281.35 (1) (bm) "Compact's effective date" means the effective date of the Great Lakes—St. Lawrence River Basin Water Resources Compact under s. 281.343.

SB1, s. 23 Section 23. 281.35 (1) (cm) of the statutes is created to read:

SB1,166,10 281.35 (1) (cm) "Facility" means an operating plant or establishment providing electricity to the public or carrying on any manufacturing activity, trade, or business on one site, including similar plants or establishments under common ownership or control located on contiguous properties.

SB1, s. 24 Section 24. 281.35 (2) (a) of the statutes is repealed.

SB1, s. 25 Section 25. 281.35 (2) (b) of the statutes is renumbered 281.35 (2) and amended to read:

SB1,166,18 281.35 (2) In calculating the total amount of an existing or proposed water loss for purposes of determining the applicability of sub. (4), a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use or for related uses to supply a single facility or public water supply system.

SB1, s. 26 Section 26. 281.35 (3) of the statutes is repealed.

SB1, s. 27 Section 27. 281.35 (4) (a) 4. of the statutes is created to read:

SB1,166,23 281.35 (4) (a) 4. A person to whom a permit under s. 281.244 (5) or 281.346 (5) has been issued or who is required to obtain a permit under one of those provisions before beginning or increasing a withdrawal.

SB1, s. 28 Section 28. 281.35 (4) (b) (intro.) of the statutes is amended to read:

SB1,167,5 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.34, 281.344 (5), 281.346 (5), or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

SB1, s. 29 Section 29. 281.35 (5) (a) 13. of the statutes is amended to read:

SB1,167,11 281.35 (5) (a) 13. A statement as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under ss. 281.12 (1) and s. 283.83 and the requirements specified in any water quantity resources plan under sub. (8).

SB1, s. 30 Section 30. 281.35 (5) (b) of the statutes is amended to read:

SB1,168,2 281.35 (5) (b) Great Lakes basin; consultation required. If the department receives an application before the compact's effective date that, if approved, will result in a new water loss to the Great Lakes basin averaging more than 5,000,000 gallons per day in any 30-day period, or an increase in an existing withdrawal that will result in a water loss averaging 5,000,000 gallons per day in any 30-day period above the applicant's authorized base level of water loss, the department shall notify the office of the governor or premier and the agency responsible for management of water resources in each state and province of the Great Lakes region and, if required under the boundary water agreement of 1909, the international joint commission. The department shall also request each state and province that has cooperated in establishing the regional consultation procedure under sub. (11) (f) (11m) to comment on the application. In making its determination on an application, the department shall consider any comments that are received within the time limit established under par. (c).

SB1, s. 31 Section 31. 281.35 (6) (a) (intro.) of the statutes is amended to read:

SB1,168,6 281.35 (6) (a) Issuance; contents. (intro.) If Subject to par. (am), if an application is approved under sub. (5), the department shall modify the applicant's existing approval or shall issue a new approval that specifies all of the following:

SB1, s. 32 Section 32. 281.35 (6) (am) of the statutes is created to read:

SB1,168,12 281.35 (6) (am) Water loss permit. If the department approves an application under sub. (5) for a withdrawal that is covered by a permit under s. 281.344 (5) or s. 281.346 (5) and another approval, the department shall modify the permit under s. 281.344 (5) or 281.346 (5), rather than the other approval, to specify the matters under par. (a).

SB1, s. 33 Section 33. 281.35 (6) (f) of the statutes is amended to read:

SB1,168,21 281.35 (6) (f) Notice; right to hearing. The department shall notify the person to whom the approval has been issued and any other person who has in writing requested notice of the receipt of a request to modify an approval or of the department's intent to modify or revoke an approval. The person to whom the approval is issued is entitled to a contested case hearing under ch. 227 before a revocation or modification takes effect. Any other person who may be adversely affected by a proposed modification is entitled to a contested case hearing under ch. 227 before a modification takes effect.

SB1, s. 34 Section 34. 281.35 (8) of the statutes is repealed.

SB1, s. 35 Section 35. 281.35 (9) (a) of the statutes is amended to read:

SB1,169,5 281.35 (9) (a) The Wisconsin coastal management council, established under executive order number 62, dated August 2, 1984, shall amend this state's coastal management program submitted to the U.S. secretary of commerce under 16 USC 1455, to incorporate the requirements of this section and, before the compact's effective date, s. 281.344 and the findings and purposes specified in 1985 Wisconsin Act 60, section 1, as they apply to the water resources of the Great Lakes basin, and shall formally submit the proposed amendments to the U.S. secretary of commerce.

SB1, s. 36 Section 36. 281.35 (9) (d) of the statutes is created to read:

SB1,169,7 281.35 (9) (d) This subsection does not apply after the compact's effective date.

SB1, s. 37 Section 37. 281.35 (10) (a) 4. of the statutes is repealed.

SB1, s. 38 Section 38. 281.35 (11) (intro.) of the statutes is amended to read:

SB1,169,11 281.35 (11) Cooperation with other states and provinces. (intro.) The Before the compact's effective date, the department shall do all of the following:

SB1, s. 39 Section 39. 281.35 (11) (f) of the statutes is renumbered 281.35 (11m) and amended to read:

SB1,169,17 281.35 (11m) Upper Mississippi River basin consultation. Participate The department shall participate in the development of an upper Mississippi River basin regional consultation procedure for use in exchanging information on the effects of proposed water losses from that basin.

SB1, s. 40 Section 40. 281.35 (12) (c) of the statutes is amended to read:

SB1,169,24 281.35 (12) (c) This state reserves the right to seek, in any state, federal or provincial forum, an adjudication of the equitable apportionment of the water resources of the Great Lakes basin or upper Mississippi River basin and, before the compact's effective date, of the Great Lakes basin, and the protection and determination of its rights and interests in those water resources, in any manner provided by law.

SB1, s. 41 Section 41. 281.41 (1) (c) of the statutes is amended to read:

SB1,170,12 281.41 (1) (c) Construction or material change shall be according to approved plans only. The department may disapprove plans that are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The department shall disapprove plans that are not in conformance with any applicable approved water supply service area plan under s. 281.348.

SB1, s. 42 Section 42. 281.41 (4) of the statutes is created to read:

SB1,170,19 281.41 (4) When the department receives for review a plan under sub. (1) that would result in returning water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB1, s. 43 Section 43. 281.93 of the statutes is created to read:

SB1,171,2 281.93 Hearings on certain water use actions. (1) Permit or approval holder or applicant; order recipient. Any permit or approval, part of a permit or approval, condition or requirement in a permit or approval, order, decision or determination by the department under s. 281.344, 281.346, or 281.35 shall become effective unless the permit or approval holder or applicant or the order recipient seeks a hearing challenging the action in the following manner:

SB1,171,8 (a) Petition. The person seeking a hearing shall file a petition with the department within 30 days after the date of the action sought to be reviewed. The petition shall set forth specifically the issue sought to be reviewed, the interest of the petitioner, the reasons why a hearing is warranted, and the relief desired. Upon receipt of the petition, the department shall hold a hearing after at least 10 days' notice.

SB1,171,12 (b) Hearing. The hearing shall be a contested case under ch. 227. At the beginning of the hearing the petitioner shall present evidence in support of the allegations made in the petition. Following the hearing the department's action may be affirmed, modified, or withdrawn.

SB1,171,18 (1m) Effect of a challenge. If a permit or approval holder or applicant seeks a hearing challenging part of a permit or approval or a condition or requirement in a permit or approval under sub. (1), the remainder of the permit or approval shall become effective and the permit or approval holder or applicant may, at its discretion, begin the activity for which the application was submitted or for which the permit or approval was issued.

SB1,171,24 (2) Other persons. Except as provided in ss. 281.344 (4e) (g) and 281.346 (4e) (g), any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 281.344, 281.346, or 281.35 may seek review under sub. (1) of any permit or approval, part of a permit or approval, order, decision, or determination by the department under s. 281.344, 281.346, or 281.35.

SB1,172,2 (3) Mining hearing. Subsections (1) and (2) do not apply if a hearing on the matter is conducted as a part of a hearing under s. 293.43.

SB1, s. 44 Section 44. 281.94 (1) of the statutes is amended to read:

SB1,172,14 281.94 (1) Any 6 or more residents of this state may petition for an investigation of a withdrawal, as defined under s. 281.35 (1) (m), alleged to be in violation of s. 281.35 (3) (a), 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (3) (a) or (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.

SB1, s. 45 Section 45. 281.95 of the statutes is amended to read:

SB1,173,2 281.95 Remedies; water withdrawal violations. Any person who makes a withdrawal, as defined under s. 281.35 (1) (m), in violation of s. 281.35 (3) (a), 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (3) (a) or (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal, as defined under s. 281.35 (1) (m), which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal.

SB1, s. 46 Section 46. 281.98 (1) of the statutes is amended to read:

SB1,173,9 281.98 (1) Except as provided in ss. 281.344 (14) (a), 281.346 (14) (a), 281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue.

SB1, s. 47 Section 47. 283.41 (3) of the statutes is created to read:

SB1,173,16 283.41 (3) When the department receives an application for a permit for a discharge that would return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the application to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB1, s. 48 Section 48. 283.83 of the statutes is renumbered 283.83 (1).

SB1, s. 49 Section 49. 283.83 (2) of the statutes is created to read:

SB1,173,25 283.83 (2) When the department receives for review or prepares a new plan under sub. (1) or a revision to a plan under sub. (1) that includes a proposal to return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB1, s. 50 Section 50. 293.65 (title), (1), (2) (title), (a), and (b) of the statutes are amended to read:

SB1,174,8 293.65 (title) Diversion Withdrawal of surface waters; withdrawal of groundwater; damage claims. (1) Scope. This section governs the withdrawal or diversion of groundwaters or surface waters by persons engaged in prospecting or mining. Discharges of waters are subject to ch. 283, construction of necessary dams or other structures is subject to chs. 30 and 31 and construction of wells is subject to ch. 280, to the extent applicable.

SB1,174,12 (2) (title) Diversion Withdrawal of surface water; permit required. (a) Any person intending to divert withdraw surface waters for prospecting or mining shall apply to the department for a permit. The forms and procedures used under s. 30.18 apply to the extent practicable.

SB1,174,18 (b) The department, upon receipt of an application for a permit, shall determine the minimum stream flow or lake level necessary to protect public rights, the minimum flow or level necessary to protect the rights of affected riparians, the point downstream beyond which riparian rights are not likely to be injured by the proposed diversion withdrawal and the amount of surplus water, as defined in s. 30.01 (6d), if any, at the point of the proposed diversion withdrawal.

SB1, s. 51 Section 51. 293.65 (2) (c) 1. of the statutes is amended to read:

SB1,174,21 293.65 (2) (c) 1. The public rights in the lake or stream and the related environment which may be injured by the proposed diversion withdrawal;