AP8 SB1: Bill Text

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most restrictive component that will be used in the water supply system or any limit on the amount of water that may be withdrawn specified in other approvals needed for the withdrawal.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 Section 1. 14.95 of the statutes is created to read:

SB1,18,6 14.95 Great Lakes—St. Lawrence River Basin Water Resources Council. (1) There is created a Great Lakes—St. Lawrence River Basin Water Resources Council as specified in s. 281.343 (2) (a). The governor may take such actions as are necessary for the initial organization and operation of the Great Lakes—St. Lawrence River Basin Water Resources Council.

SB1,18,15 (2) The governor shall serve as this state's representative on the Great Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may designate the secretary of natural resources as the governor's alternate to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and to vote at all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council in the absence of the governor. Any designee other than the secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

SB1,19,6 (3) In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may appoint an advisor to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and its committees. The governor's advisor may not vote at meetings of the council. If the governor appoints an advisor, the governor shall appoint an individual with knowledge of and experience with Great Lakes water management issues.

SB1,19,10 (3m) (a) In this subsection, "standard of review and decision" means the exception standard under s. 281.343 (4n) (d), the decision-making standard under s. 281.343 (4r), and reviews under s. 281.343 (4) to (4z) that do not deal solely with the internal management of the council.

SB1,20,10 (b) Before voting on a rule or regulation under s. 281.343 (3) (c) 1., or on a regulation under s. 281.343 (3) (a) 2. that amends the standard of review and decision, other than a rule or regulation that deals solely with the internal management of the council or its property, the governor or his or her alternate shall submit a report describing the governor's or alternate's proposed vote on the proposed rule or regulation to the joint committee on legislative organization. The governor or his or her alternate may not vote on the rule or regulation before the 30th day after the date of submission. If the cochairpersons of the committee do not notify the governor or his or her alternate within 30 days after the date of the submission that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the governor or his or her alternate may vote on the proposed rule or regulation in accordance with the report. If, within 30 days after the date of the submission by the governor or his or her alternate, the cochairpersons of the committee notify the governor or his or her alternate that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the governor or his or her alternate may not vote on the proposed rule or regulation before the 60th day after the date of submission. If, within 60 days after the date of submission, the committee does not take action on the report, the governor or his or her alternate may vote on the proposed rule or regulation in accordance with the report. If, within 30 days after the date of submission, the cochairpersons notify the governor or his or her alternate that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation and, within 60 days after the date of submission, the committee takes action on the proposed rule or regulation, the governor or his or her alternate may only vote on the proposed rule or regulation in accordance with the position expressed by majority vote of the committee.

SB1, s. 2 Section 2. 30.18 (title) and (2) of the statutes are amended to read:

SB1,20,15 30.18 (title) Diversion Withdrawal of water from lakes and streams. (2) Permit required. (a) Streams. No person may divert withdraw water from a stream in this state without an individual permit under this section if the diversion withdrawal meets either of the following conditions:

SB1,20,19 1. The diversion withdrawal is for the purpose of maintaining or restoring the normal level of a navigable lake or the normal flow of a navigable stream, regardless of whether the navigable lake or navigable stream is located within the watershed of the stream from which the water is diverted withdrawn.

SB1,20,20 2. The diversion withdrawal is for the purpose of agriculture or irrigation.

SB1,20,25 (b) Streams or lakes. No person, except a person required to obtain an approval under s. 281.41, may divert withdraw water from any lake or stream in this state without an individual permit under this section if the diversion withdrawal will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.

SB1, s. 3 Section 3. 30.18 (3) (a) 1. to 3. of the statutes are amended to read:

SB1,21,15 30.18 (3) (a) 1. Except as provided in par. (b), an applicant for a permit required under sub. (2) (a) shall file the application with the department setting forth the name and post-office address of the applicant, the name of the stream from which the water will be diverted withdrawn, the point in the stream from which it is proposed to divert withdraw the water, the name of the lake or stream or the location and riparian status of the land to which the water is to be diverted transferred, the location and description of the canal, tunnel or pipes and other works through which the water is to be diverted withdrawn and transferred, the amount of water to be diverted withdrawn, the periods of time when it is proposed to divert withdraw such water, the time required for the completion of the canal and other structures necessary for the completed project and, if required by the department, 4 copies of plans showing cross sections and profiles for any canal, tunnel, pipes or other diversion works for withdrawing and transferring the water and any dam and control works at the point of diversion withdrawal and at the point of discharge.

SB1,21,20 2. For a diversion withdrawal under sub. (2) (a) 1., a map or maps shall accompany the application with a scale of not less than one inch per 2,000 feet, showing the land topography and the probable course of the proposed diversion canal and other works, and the ownership of all lands upon which will be located the canal, tunnel, pipes and all other works for the completed project.

SB1,21,23 3. For a diversion withdrawal under sub. (2) (a) 2., the application shall include written statements of consent to the diversion withdrawal from all riparian owners who are making beneficial use of the water proposed to be diverted withdrawn.

SB1, s. 4 Section 4. 30.18 (3) (b) of the statutes is amended to read:

SB1,22,4 30.18 (3) (b) Application; streams or lakes. An application for a permit required under sub. (2) (b) shall be submitted in the form required under s. 281.35 (5) (a). If the diversion withdrawal also meets either condition specified under sub. (2) (a), the application shall also comply with par. (a).

SB1, s. 5 Section 5. 30.18 (4) (a) of the statutes is amended to read:

SB1,22,13 30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5). In addition to providing notice as required under s. 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

SB1, s. 6 Section 6. 30.18 (5) (a) 1. and 2. of the statutes are amended to read:

SB1,22,16 30.18 (5) (a) 1. That the proposed diversion withdrawal will not injure any public rights in navigable waters.

SB1,22,19 2. That the water to be diverted withdrawn is surplus water, or if it is not surplus water, that all riparians who may be adversely affected by the diversion withdrawal have consented to the proposed diversion withdrawal.

SB1, s. 7 Section 7. 30.18 (6) (a) of the statutes is amended to read:

SB1,22,24 30.18 (6) (a) Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted withdrawn and the times during which water may be diverted withdrawn. In addition, if the permit is one which is required under sub. (2) (b), the permit shall comply with s. 281.35 (6).

SB1, s. 8 Section 8. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

SB1,23,4 30.18 (6m) (a) 1. That the water being diverted withdrawn is no longer surplus water, except that the department may allow the diversion withdrawal to continue if all riparians adversely affected by the diversion withdrawal continue to consent to it.

SB1,23,6 2. If the diversion withdrawal is from a stream designated by the department as a trout stream, that the revocation is desirable for conservation purposes.