The bill requires DNR to automatically issue individual permits to persons who
make withdrawals from the Great Lakes basin that equal at least 1,000,000 GPD for
any 30 consecutive days and who comply with the registration and reporting
requirements in the bill before the date on which the permit requirement applies.
In the permit, DNR specifies a withdrawal amount equal to the initial withdrawal
amount determined as described above.
A person who proposes to begin a withdrawal, after the date on which the
permit requirement applies, that equals at least 1,000,000 GPD for any 30
consecutive days must apply to DNR for an individual permit. Generally, if DNR has
issued any approvals that are required under other laws for the withdrawal, such as
high capacity well approvals or approvals for any structures on the bed of a navigable
water that are needed for the withdrawal, DNR must issue an individual permit. In
the permit, DNR specifies a withdrawal amount equal to the lesser of the capacity
of the most restrictive component that will be used in the water supply system or any
limit on the amount of water that may be withdrawn specified in other approvals
needed for the withdrawal.
If the withdrawal is for the purpose of providing water to a public water supply
system that is covered by an approved water supply plan, the requirement for
previous issuance of other approvals that are needed for the withdrawal does not
apply, but DNR may not issue a permit unless the withdrawal is consistent with the
water supply plan. For such a withdrawal, DNR specifies a withdrawal amount
equal to the withdrawal amount in the water supply plan.
If a person with an individual permit proposes to increase the amount of the
withdrawal over the withdrawal amount in the permit, the person must apply to
DNR for modification of the permit to increase the withdrawal amount. The
conditions for increasing the withdrawal amount are the same as the conditions for
issuing the individual permit.
An individual permit has a ten-year term. A person who intends to continue a
withdrawal covered by an individual permit must apply for reissuance of the permit
at least 180 days before the end of the current permit term.
Interim approval
The bill provides that if, before the compact takes effect, DNR has not
automatically issued a notice of coverage by a general permit or automatically issued
an individual permit to a person who qualified for automatic issuance, registration
of the withdrawal constitutes an approval of the withdrawal and the estimate of the
maximum capacity of the most restrictive part of the water supply system used to
make the withdrawal included in the registration is, generally, the withdrawal
amount for the withdrawal.
The bill requires DNR, after the compact takes effect, to automatically issue a
notice of coverage by a general permit or an individual permit to a person who
qualifies for an interim approval. It also requires DNR to use the process for setting
initial withdrawal amounts, described above, to determine whether to modify the
withdrawal amount for a withdrawal that is covered by an interim approval and, if
DNR does modify the withdrawal amount, provides that the modified withdrawal
amount is the baseline for the purposes of the compact.
Statewide water conservation
The bill requires DNR to specify water conservation and efficiency goals for all
of the waters of this state. The bill also requires DNR to develop and implement a
voluntary statewide water conservation and efficiency program that includes the
promotion of environmentally sound and economically feasible water conservation
measures. DNR must consult with the Department of Commerce and the Public
Service Commission in specifying the goals and objectives and in developing and
implementing the program.
The bill also requires DNR to promulgate rules specifying water conservation
and efficiency measures for withdrawals required to be covered by general or
individual permits. In the rules, DNR may not require retrofitting of existing
fixtures, appliances, or equipment.
Provisions that take effect After the compact takes
effect
Regulation of diversions
Approval required
Under this bill, no person may begin or increase a diversion without an
approval from DNR. An interbasin transfer approval issued by DNR before the
compact takes effect continues to be valid after the compact takes effect, but if the
amount of the interbasin transfer (called a diversion in this part of the bill) is
proposed to be increased over the interbasin transfer amount in the approval, the
postcompact provisions related to diversions, described below, apply.
This bill does not treat a proposal to remove water from the basin in containers
of 5.7 gallons or less (a proposal to bottle water) as a diversion. The provisions
relating to withdrawals, described below, apply to such a proposal.
New and increased diversions
The general prohibition on new diversions and on increases in existing
diversions and the three exceptions to the prohibition continue to apply after the
compact takes effect.
Straddling communities
In addition to the requirements that apply before the compact takes effect, a
proposal for a diversion to a straddling community that results in a very large new
or increased water loss to the Great Lakes basin must be reviewed by the regional
body before DNR decides whether to approve the proposal.
Intrabasin transfers
In addition to the requirements that apply before the compact takes effect, a
proposal for an intrabasin transfer that results in a very large new or increased water
loss to the Great Lakes basin must be reviewed by the regional body and DNR may
not approve the proposal unless the council approves the proposal with no
disapproving votes.
Communities in straddling counties and other communities
In addition to the requirements that apply before the compact takes effect, a
proposal for a diversion to a community in a straddling county or a community that
would be a community in a straddling county except that it extends beyond the
straddling county into a county that lies entirely outside the Great Lakes basin must
be reviewed by the regional body and DNR may not approve the proposal unless the
council approves the proposal with no disapproving votes.
Exception standard
After the compact takes effect, a proposed diversion does not meet the exception
standard unless it meets all of the criteria included in the exception standard in the
compact. In addition, the place at which the water is returned to the Great Lakes
basin must be as close as practicable to the place at which the water is withdrawn,
unless that would not be cost-effective, environmentally sound, or in the interest of
public health. Also, if the water is returned through a stream tributary to Lake
Michigan or Lake Superior, the physical, chemical, and biological integrity of the
stream must be protected and sustained.
Water supply planning
The statewide water supply planning provisions described above continue in
effect after the compact takes effect, but, for some public water supply systems that
withdraw water from the Great Lakes basin, new requirements are added.
Once the compact takes effect, DNR may not approve a water supply plan that
covers a water supply system serving a population of more than 10,000 if the plan
provides for a new withdrawal from the basin, or for the increase in an existing
withdrawal from the basin, that exceeds the threshold for application of one of the
decision-making standards, as described below, unless DNR determines that the
new withdrawal or increase in the existing withdrawal meets the applicable
decision-making standard. In other words, for withdrawals by a public water supply
system serving a population of more than 10,000, the decision-making standards are
applied through the water supply planning process instead of through the
withdrawal permitting process.
Statewide registration and reporting of withdrawals
The statewide requirement for registration and reporting of withdrawals,
described above, continues after the compact takes effect.
Permitting of withdrawals in the Great lakes basin
Permit requirement
The permitting requirement for a withdrawal of water from the Great Lakes
basin that averages 100,000 GPD or more in any 30-day period continues after the
compact takes effect. A notice of coverage under a general permit or an individual
permit issued before the compact takes effect continues to be valid, but postcompact
decision-making standards apply to withdrawals that are proposed to be increased
by one of the threshold amounts, as described below.
General permits
The provisions relating to coverage under a general permit generally do not
change after the compact takes effect. However, after the compact takes effect, DNR
may not issue a notice of coverage under a general permit for a withdrawal for the
purpose of providing water to a public water supply system that serves a population
of more than 10,000 unless the withdrawal is covered by an approved water supply
plan.
Individual permits
The process for issuing and modifying individual water supply permits does not
generally change when the compact takes effect.
After the compact takes effect, the bill conditions the issuance of an individual
permit for a new withdrawal that equals at least 1,000,000 GPD, but less than
10,000,000 GPD, for any 30 consecutive days on compliance with the state
decision-making standard, described below. The bill conditions the issuance of an
individual permit for a new withdrawal that equals at least 10,000,000 GPD for any
30 consecutive days on compliance with the compact decision-making standard,
except that if the person applying for the permit demonstrates that the water loss
resulting from the withdrawal averages less than 5,000,000 GPD in every 90-day
period, the state decision-making standard applies.
If a person proposes to increase the amount of a withdrawal that is covered by
a water supply permit so that it equals at least 1,000,000 GPD, but not 10,000,000
GPD, for any 30 consecutive days over the withdrawal amount for the withdrawal
as of the beginning of the current permit term, the compact's effective date, or the last
date on which the state or compact decision-making standard was applied to an
increase in the withdrawal, whichever is latest, approval of the increase is
conditioned on compliance with the state decision-making standard. If a person
proposes to increase the amount of a withdrawal that is covered by a water supply
permit so that it equals at least 10,000,000 GPD for any 30 consecutive days over the
withdrawal amount for the withdrawal as of the beginning of the current permit
term, the compact's effective date, or the last date on which the compact
decision-making standard was applied to an increase in the withdrawal, whichever
is latest, approval of the increase is conditioned on compliance with the compact
decision-making standard, except that if the person applying for the permit
demonstrates that the water loss resulting from the increase in the withdrawal
averages less than 5,000,000 GPD in every 90-day period, the state decision-making
standard applies.
If a proposal will result in a new water loss or an increase in water loss that
averages 5,000,000 gallons or more in any 90-day period, DNR is required to provide
notice of the proposal to the other states and to Ontario and Quebec. Also, if a
majority of the members of the regional body request regional review of a regionally
significant or potentially precedent setting proposal for a withdrawal and DNR
determines that the withdrawal will result in a water loss that averages at least
5,000,000 GPD in any 90-day period, DNR must submit the proposal for regional
review and may not act on the proposal until the regional review is complete, unless
regional review takes more than 90 days.
State decision-making standard
A proposal meets the state decision-making standard if it satisfies several
criteria, including the following:
1. The amount of the withdrawal is needed to meet the projected needs of the
persons who will use the water.
2. Cost-effective conservation practices will be implemented to ensure efficient
use of the water.
3. One of the following applies:
a. The withdrawal will cause no significant adverse environmental impacts to
the waters of the state.
b. If the withdrawal is from a surface water body, the withdrawal will not result
in the violation of water quality standards or impair fish populations.
c. DNR has issued an approval for the withdrawal under laws related to high
capacity wells, the withdrawal of water from streams, or the placement of structures
in navigable waters.
Compact decision-making standard
What the bill calls the compact decision-making standard is very similar to the
decision-making standard in the compact itself. A proposal meets the compact
decision-making standard if it satisfies several criteria, including the following:
1. The withdrawal will not result in significant adverse impacts to the quantity
or quality of the waters of the Great Lakes basin, to related natural resources, or, if
the withdrawal is from a stream tributary to one of the Great Lakes, to the watershed
of that stream.
2. Environmentally sound and economically feasible water conservation
measures will be used in implementing the withdrawal.
3. The proposed use of the water is reasonable, based on a consideration of
factors specified in the bill.
Statewide water conservation
The requirement for a statewide water conservation and efficiency program
continues to apply after the compact takes effect. The bill requires DNR to specify
water conservation and efficiency goals and objectives for the waters of the Great
Lakes basin that are consistent with the goals in the compact and the objectives
specified by the council. By two years after the compact's effective date, DNR must
implement a water conservation and efficiency program, for all users of waters of the
Great Lakes basin, that is designed to achieve those goals and objectives.
Legislative oversight
The bill authorizes the governor to designate the secretary of natural resources
to be the governor's alternate on the council in the governor's absence. Any designee
other than the secretary is subject to senate confirmation.
Under the bill, before voting on a regulation of the council for the
implementation or enforcement of the compact, or on a regulation that amends the
exception standard or the compact's decision-making standard, other than a
regulation that deals solely with the internal management of the council, the
governor must submit a report describing his or her proposed vote on the proposed
regulation to the joint committee on legislative organization. The bill provides for
passive review of the report. If the committee meets and takes action on the report
within the periods provided in the bill, the governor may only vote on the proposed
regulation in accordance with the position taken by the committee by majority vote.
Public participation
The bill includes procedures that provide for public participation in the review
of proposals for diversions, proposals for withdrawals for which individual permits
are required, for proposed general permits, and for proposed water supply plans. The
bill also requires consultation with a federally recognized American Indian tribe
concerning a proposal for which council approval or regional review is required if the
proposal may affect the tribe.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1, s. 1
1Section
1. 14.95 of the statutes is created to read:
SB1,18,6
214.95 Great Lakes—St. Lawrence River Basin Water Resources
3Council. (1) There is created a Great Lakes—St. Lawrence River Basin Water
4Resources Council as specified in s. 281.343 (2) (a). The governor may take such
5actions as are necessary for the initial organization and operation of the Great
6Lakes—St. Lawrence River Basin Water Resources Council.
SB1,18,15
7(2) The governor shall serve as this state's representative on the Great
8Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or
9her responsibilities under s. 281.343 (2) and (3), the governor may designate the
10secretary of natural resources as the governor's alternate to attend all meetings of
11the Great Lakes—St. Lawrence River Basin Water Resources Council and to vote at
12all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council
13in the absence of the governor. Any designee other than the secretary of natural
14resources shall be nominated by the governor, and with the advice and consent of the
15senate appointed, to serve at the pleasure of the governor.
SB1,19,6
1(3) In discharging his or her responsibilities under s. 281.343 (2) and (3), the
2governor may appoint an advisor to attend all meetings of the Great Lakes—St.
3Lawrence River Basin Water Resources Council and its committees. The governor's
4advisor may not vote at meetings of the council. If the governor appoints an advisor,
5the governor shall appoint an individual with knowledge of and experience with
6Great Lakes water management issues.
SB1,19,10
7(3m) (a) In this subsection, "standard of review and decision" means the
8exception standard under s. 281.343 (4n) (d), the decision-making standard under
9s. 281.343 (4r), and reviews under s. 281.343 (4) to (4z) that do not deal solely with
10the internal management of the council.
SB1,20,1011
(b) Before voting on a rule or regulation under s. 281.343 (3) (c) 1., or on a
12regulation under s. 281.343 (3) (a) 2. that amends the standard of review and
13decision, other than a rule or regulation that deals solely with the internal
14management of the council or its property, the governor or his or her alternate shall
15submit a report describing the governor's or alternate's proposed vote on the
16proposed rule or regulation to the joint committee on legislative organization. The
17governor or his or her alternate may not vote on the rule or regulation before the 30th
18day after the date of submission. If the cochairpersons of the committee do not notify
19the governor or his or her alternate within 30 days after the date of the submission
20that the committee has scheduled a meeting for the purpose of reviewing the
21proposed rule or regulation, the governor or his or her alternate may vote on the
22proposed rule or regulation in accordance with the report. If, within 30 days after
23the date of the submission by the governor or his or her alternate, the cochairpersons
24of the committee notify the governor or his or her alternate that the committee has
25scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the
1governor or his or her alternate may not vote on the proposed rule or regulation
2before the 60th day after the date of submission. If, within 60 days after the date of
3submission, the committee does not take action on the report, the governor or his or
4her alternate may vote on the proposed rule or regulation in accordance with the
5report. If, within 30 days after the date of submission, the cochairpersons notify the
6governor or his or her alternate that the committee has scheduled a meeting for the
7purpose of reviewing the proposed rule or regulation and, within 60 days after the
8date of submission, the committee takes action on the proposed rule or regulation,
9the governor or his or her alternate may only vote on the proposed rule or regulation
10in accordance with the position expressed by majority vote of the committee.
SB1, s. 2
11Section
2. 30.18 (title) and (2) of the statutes are amended to read:
SB1,20,15
1230.18 (title)
Diversion Withdrawal of water from lakes and streams. (2) 13Permit required. (a)
Streams. No person may
divert withdraw water from a stream
14in this state without an individual permit under this section if the
diversion 15withdrawal meets either of the following conditions:
SB1,20,1916
1. The
diversion withdrawal is for the purpose of maintaining or restoring the
17normal level of a navigable lake or the normal flow of a navigable stream, regardless
18of whether the navigable lake or navigable stream is located within the watershed
19of the stream from which the water is
diverted withdrawn.
SB1,20,2020
2. The
diversion withdrawal is for the purpose of agriculture or irrigation.
SB1,20,2521
(b)
Streams or lakes. No person, except a person required to obtain an approval
22under s. 281.41, may
divert withdraw water from any lake or stream in this state
23without an individual permit under this section if the
diversion withdrawal will
24result in a water loss averaging 2,000,000 gallons per day in any 30-day period above
25the person's authorized base level of water loss.
SB1, s. 3
1Section
3. 30.18 (3) (a) 1. to 3. of the statutes are amended to read:
SB1,21,152
30.18
(3) (a) 1. Except as provided in par. (b), an applicant for a permit required
3under sub. (2) (a) shall file the application with the department setting forth the
4name and post-office address of the applicant, the name of the stream from which
5the water will be
diverted withdrawn, the point in the stream from which it is
6proposed to
divert withdraw the water, the name of the lake or stream or the location
7and riparian status of the land to which the water is to be
diverted transferred, the
8location and description of the canal, tunnel or pipes and other works through which
9the water is to be
diverted withdrawn and transferred, the amount of water to be
10diverted withdrawn, the periods of time when it is proposed to
divert withdraw such
11water, the time required for the completion of the canal and other structures
12necessary for the completed project and, if required by the department, 4 copies of
13plans showing cross sections and profiles for any canal, tunnel, pipes or other
14diversion works
for withdrawing and transferring the water and any dam and
15control works at the point of
diversion withdrawal and at the point of discharge.
SB1,21,2016
2. For a
diversion withdrawal under sub. (2) (a) 1., a map or maps shall
17accompany the application with a scale of not less than one inch per 2,000 feet,
18showing the land topography and the probable course of the proposed
diversion canal
19and other works, and the ownership of all lands upon which will be located the canal,
20tunnel, pipes and all other works for the completed project.
SB1,21,2321
3. For a
diversion withdrawal under sub. (2) (a) 2., the application shall include
22written statements of consent to the
diversion withdrawal from all riparian owners
23who are making beneficial use of the water proposed to be
diverted withdrawn.
SB1, s. 4
24Section
4. 30.18 (3) (b) of the statutes is amended to read:
SB1,22,4
130.18
(3) (b)
Application; streams or lakes. An application for a permit required
2under sub. (2) (b) shall be submitted in the form required under s. 281.35 (5) (a). If
3the
diversion withdrawal also meets either condition specified under sub. (2) (a), the
4application shall also comply with par. (a).
SB1, s. 5
5Section
5. 30.18 (4) (a) of the statutes is amended to read:
SB1,22,136
30.18
(4) (a) Upon receipt of a complete application, the department shall
7follow the notice and hearing procedures under s. 30.208 (3) to (5). In addition to
8providing notice as required under s. 30.208 (3) to (5), the department shall mail a
9copy of the notice to every person upon whose land any part of the canal or any other
10structure will be located, to the clerk of the next town downstream, to the clerk of any
11village or city in which the lake or stream is located and which is adjacent to any
12municipality in which the
diversion withdrawal will take place and to each person
13specified in s. 281.35 (5) (b) or (6) (f), if applicable.
SB1, s. 6
14Section
6. 30.18 (5) (a) 1. and 2. of the statutes are amended to read:
SB1,22,1615
30.18
(5) (a) 1. That the proposed
diversion withdrawal will not injure any
16public rights in navigable waters.
SB1,22,1917
2. That the water to be
diverted withdrawn is surplus water, or if it is not
18surplus water, that all riparians who may be adversely affected by the
diversion 19withdrawal have consented to the proposed
diversion withdrawal.
SB1, s. 7
20Section
7. 30.18 (6) (a) of the statutes is amended to read:
SB1,22,2421
30.18
(6) (a)
Contents of permit. The department shall specify on each permit
22issued under this section the quantity of water that may be
diverted withdrawn and
23the times during which water may be
diverted withdrawn. In addition, if the permit
24is one which is required under sub. (2) (b), the permit shall comply with s. 281.35 (6).
SB1, s. 8
25Section
8. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:
SB1,23,4
130.18
(6m) (a) 1. That the water being
diverted withdrawn is no longer surplus
2water, except that the department may allow the
diversion withdrawal to continue
3if all riparians adversely affected by the
diversion
withdrawal continue to consent
4to it.