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.
SB1,23,65
2. If the
diversion withdrawal is from a stream designated by the department
6as a trout stream, that the revocation is desirable for conservation purposes.
SB1, s. 9
7Section
9. 30.18 (6m) (b) of the statutes is amended to read:
SB1,23,108
30.18
(6m) (b) The department may revoke any permit issued under sub. (5)
9(a), which is not subject to sub. (2) (b), if it finds that the
diversion withdrawal is
10detrimental to the stream from which the water is
diverted withdrawn.
SB1, s. 10
11Section
10. 30.18 (7) of the statutes is amended to read:
SB1,23,2312
30.18
(7) Prerequisites to project construction. After an application under
13this section has been filed with the department, the applicant may enter any land
14through which it is proposed to
divert withdraw or transfer the water for the
15purposes of making any surveys required for drafting the plans for the project, but
16no work shall be commenced on the canal, headworks or other structures necessary
17for the project until the plans for the same have been approved by the department.
18Any person having received a permit required under sub. (2) (a) may construct upon
19the land of another the canal and other works authorized by the permit after the
20damage which will be sustained by the owner or owners of such land has been
21satisfied, or has been determined as provided for in ch. 32, and after the final sum
22so determined and all costs have been paid to the persons entitled thereto or to the
23clerk of the circuit court on their account.
SB1, s. 11
24Section
11. 30.208 (3m) of the statutes is created to read:
SB1,24,7
130.208
(3m) Notice to downstream communities. When the department
2receives an application for an individual permit under s. 30.12 for a structure
3through which water transferred from the Great Lakes basin would be returned to
4the source watershed through a stream tributary to one of the Great Lakes, the
5department shall provide notice of the application to the governing body of each city,
6village, and town through which the stream flows or that is adjacent to the stream
7downstream from the point at which the water would enter the stream.
SB1, s. 12
8Section
12. 196.49 (2) of the statutes is amended to read:
SB1,24,249
196.49
(2) No public utility may begin the construction, installation or
10operation of any new plant, equipment, property or facility, nor the construction or
11installation of any extension, improvement or addition to its existing plant,
12equipment, property, apparatus or facilities unless the public utility has complied
13with any applicable rule or order of the commission
and with s. 281.35, if applicable.
14If a cooperative association has been incorporated under ch. 185 for the production,
15transmission, delivery or furnishing of light or power and has filed with the
16commission a map of the territory to be served by the association and a statement
17showing that a majority of the prospective consumers in the area are included in the
18project, no public utility may begin any such construction, installation or operation
19within the territory until after the expiration of 6 months from the date of filing the
20map and notice. If the cooperative association has entered into a loan agreement
21with any federal agency for the financing of its proposed system and has given
22written notice of the agreement to the commission, no public utility may begin any
23construction, installation or operation within the territory until 12 months after the
24date of the loan agreement.
SB1, s. 13
25Section
13. 196.98 of the statutes is repealed.
SB1, s. 14
1Section
14. 281.34 (5) (dm) of the statutes is created to read:
SB1,25,52
281.34
(5) (dm)
Water supply service area plan. If a proposed high capacity well
3is covered by an approved water supply service area plan under s. 281.348, the
4department may not approve the high capacity well unless it is consistent with that
5plan.
SB1, s. 15
6Section
15. 281.34 (5) (e) 1. of the statutes is amended to read:
SB1,25,97
281.34
(5) (e) 1. If s. 281.35
(4) applies to a proposed high capacity well, the
8department shall include in the approval conditions that ensure that the high
9capacity well complies with s. 281.35
(4) to (6).
SB1, s. 16
10Section
16. 281.343 of the statutes is created to read:
SB1,25,16
11281.343 Great Lakes—St. Lawrence River Basin Water Resources
12Compact. (1) Legislative determination. The legislature determines that it is in
13the interests of this state to ratify the Great Lakes—St. Lawrence River Basin Water
14Resources Compact. Nothing in this section may be interpreted to change the
15application of the public trust doctrine under article IX, section 1, of the Wisconsin
16Constitution or to create any new public trust rights.
SB1,25,19
17(1b) Ratification. The Great Lakes—St. Lawrence River Basin Water
18Resources Compact, contained in subs. (1e) to (9), is ratified and approved, as
19implemented and interpreted in ss. 14.95, 281.346, and 281.348.
SB1,25,20
20(1e) Definitions. In this section, except as otherwise required by the context:
SB1,25,2521
(a) "Adaptive management" means a water resources management system that
22provides a systematic process for evaluation, monitoring, and learning from the
23outcomes of operational programs and adjustment of policies, plans, and programs
24based on experience and the evolution of scientific knowledge concerning water
25resources and water dependent natural resources.
SB1,26,2
1(am) "Agreement" means the Great Lakes—St. Lawrence River Basin
2Sustainable Water Resources Agreement.
SB1,26,53
(b) "Applicant" means a person who is required to submit a proposal that is
4subject to management and regulation under this compact. "Application" has a
5corresponding meaning.
SB1,26,86
(c) "Basin" or "Great Lakes—St. Lawrence River Basin" means the watershed
7of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres,
8Quebec within the jurisdiction of the parties.
SB1,26,119
(cm) "Basin ecosystem" or "Great Lakes—St. Lawrence River Basin ecosystem"
10means the interacting components of air, land, water, and living organisms,
11including humankind, within the basin.
SB1,26,1412
(d) "Community within a straddling county" means any incorporated city,
13town, or the equivalent thereof, that is located outside the basin but wholly within
14a county that lies partly within the basin and that is not a straddling community.
SB1,26,1515
(dm) "Compact" means this compact.
SB1,26,1816
(e) "Consumptive use" means that portion of the water withdrawn or withheld
17from the basin that is lost or otherwise not returned to the basin due to evaporation,
18incorporation into products, or other processes.
SB1,26,2019
(em) "Council" means the Great Lakes—St. Lawrence River Basin Water
20Resources Council, created by this compact.
SB1,26,2221
(f) "Council review" means the collective review by the council members as
22described in subs. (4) to (4z).
SB1,26,2523
(fm) "County" means the largest territorial division for local government in a
24state. The county boundaries shall be defined as those boundaries that exist as of
25December 13, 2005.