SB523,119,1312
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
13stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523,119,1514
c. Any limit on the amount of the withdrawal necessary to ensure compliance
15with a decision-making standard applicable under par. (e) or (f).
SB523,119,2116
3m. If the department approves an application under subd. 1. for a withdrawal
17for the purpose of providing water to a public water supply system that is covered by
18an approved water supply service area plan under s. 281.348, the department shall
19issue an individual permit. In the permit, the department shall specify a withdrawal
20amount that is equal to the withdrawal amount in the water supply service area
21plan.
SB523,119,2322
4. If the department disapproves an application under subd. 1., the department
23shall notify the applicant in writing of the reason for the disapproval.
SB523,120,324
(dm)
Consistency with water supply plans. 1. The department may not approve
25an application under par. (d) 1. for a withdrawal for the purpose of providing water
1to a public water supply system that serves a population of more than 10,000 unless
2the public water supply system is covered by an approved water supply service area
3plan under s. 281.348.
SB523,120,74
2. The department may not approve an application under par. (d) 1. for the
5purpose of providing water to a public water supply system that is covered by an
6approved water supply service area plan under s. 281.348 unless the withdrawal is
7consistent with the water supply service area plan.
SB523,120,188
(e)
Standards for approval of certain unpermitted withdrawals. 1. Except as
9provided in par. (dm), the department may not approve an application under par. (d)
101. for a new withdrawal that will equal at least 1,000,000 gallons per day for any 30
11consecutive days, or for an existing withdrawal that is not covered by a general
12permit under sub. (4s) or s. 281.344 (4s) and that is proposed to be modified so that
13it will equal at least 1,000,000 gallons per day for any 30 consecutive days, but to
14which subd. 2. does not apply, unless the withdrawal meets the state
15decision-making standard under sub. (5m) and, if the withdrawal will result in a
16water loss that averages more than 2,000,000 gallons per day in any 30-day period,
17the withdrawal meets the consumptive use decision-making standard under sub.
18(6m).
SB523,121,219
2. Except as provided in par. (dm), the department may not approve an
20application under par. (d) 1. for a new withdrawal that will equal at least 10,000,000
21gallons per day for any 30 consecutive days, or for an existing withdrawal that is not
22covered by a general permit under sub. (4s) or s. 281.344 (4s) and that is proposed
23to be modified so that it will equal at least 10,000,000 gallons per day for any 30
24consecutive days, unless the withdrawal meets the compact decision-making
25standard under sub. (6) and, if the withdrawal will result in a water loss that
1averages more than 2,000,000 gallons per day in any 30-day period, the withdrawal
2meets the consumptive use decision-making standard under sub. (6m).
SB523,121,143
(f)
Standards for approval of withdrawals covered by general permits. 1.
4Except as provided in par. (dm), the department may not approve an application
5under par. (d) 1. for a withdrawal that is covered under a general permit under sub.
6(4s) or s. 281.344 (4s) if the applicant proposes to modify the withdrawal so that it
7equals 1,000,000 or more gallons per day for any 30 consecutive days over the
8withdrawal amount as of the date that the department issued the current notice of
9coverage under the general permit or as of the compact's effective date, whichever
10is later, and if subd. 2. does not apply, unless the withdrawal meets the state
11decision-making standard under sub. (5m) and, if the cumulative water loss, as
12determined under par. (km), averages more than 2,000,000 gallons per day in any
1330-day period, the withdrawal meets the consumptive use decision-making
14standard under sub. (6m).
SB523,121,2415
2. Except as provided in par. (dm), the department may not approve an
16application under par. (d) 1. for a withdrawal that is covered under a general permit
17under sub. (4s) or s. 281.344 (4s) if the applicant proposes to modify the withdrawal
18so that it equals 10,000,000 or more gallons per day for any 30 consecutive days over
19the withdrawal amount as of the date that the department issued the current notice
20of coverage under the general permit or as of the compact's effective date, whichever
21is later, unless the withdrawal meets the compact decision-making standard under
22sub. (6) and, if the cumulative water loss, as determined under par. (km), averages
23more than 2,000,000 gallons per day in any 30-day period, the withdrawal meets the
24consumptive use decision-making standard under sub. (6m).
SB523,122,6
1(g)
Modification of individual permit for increased withdrawal. 1. If a person
2making a withdrawal that is covered under an individual permit issued under this
3subsection or s. 281.344 (5) proposes to increase, during the term of the permit, the
4amount of the withdrawal over the withdrawal amount specified in the permit, the
5person shall apply to the department for a modification of the permit to increase the
6withdrawal amount.
SB523,122,107
2. After receiving an application under subd. 1., the department shall, within
8the time limit established by the department by rule, determine whether to approve
9the application for modification of the permit or notify the applicant of any additional
10information needed to determine whether to approve the application.
SB523,122,1611
3. Except as provided in subd. 3m., if the department approves an application
12under subd. 1. and the department has issued any approvals under s. 30.12, 30.18,
13281.34, or 281.41 or s. 281.17, 2001 stats., that are required for the modification of
14the withdrawal, the department shall modify the individual permit. In the modified
15permit, the department shall specify a withdrawal amount that is equal to the
16smallest of the following amounts:
SB523,122,2217
a. The maximum hydraulic capacity of the most restrictive component of the
18water supply system used for the withdrawal for which the person has approval
19under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
20under one of those provisions is not required for the most restrictive component of
21the water supply system, the maximum hydraulic capacity of the most restrictive
22component that the person proposes to use in the water supply system.
SB523,122,2423
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
24stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523,123,2
1c. Any limit on the amount of the withdrawal necessary to ensure compliance
2with a decision-making standard applicable under par. (e) or (f).
SB523,123,83
3m. If the department approves an application under subd. 1. for a withdrawal
4for the purpose of providing water to a public water supply system that is covered by
5an approved water supply service area plan under s. 281.348, the department shall
6modify the individual permit. In the modified permit, the department shall specify
7a withdrawal amount that is equal to the withdrawal amount in the water supply
8service area plan.
SB523,123,109
4. If the department disapproves an application under subd. 1., the department
10shall notify the applicant in writing of the reason for the disapproval.
SB523,123,1511
(gm)
Consistency with water supply plans. 1. The department may not approve
12an application under par. (g) 1. for a withdrawal for the purpose of providing water
13to a public water supply system that serves a population of more than 10,000 unless
14the public water supply system is covered by an approved water supply service area
15plan under s. 281.348.
SB523,123,1916
2. The department may not approve an application under par. (g) 1. for a
17withdrawal for the purpose of providing water to a public water supply system that
18is covered by an approved water supply service area plan under s. 281.348 unless the
19withdrawal is consistent with the water supply service area plan.
SB523,124,720
(h)
Standards for approval of certain modifications. 1. Except as provided in
21par. (gm), the department may not approve an application under par. (g) 1., if the
22person proposes to increase the amount of the withdrawal so that it equals 1,000,000
23or more gallons per day for any 30 consecutive days over the withdrawal amount as
24of the beginning of the current permit term, the compact's effective date, or the date
25that the department issued a modified permit for the withdrawal if the modification
1was subject to the state decision-making standard under sub. (5m) or the compact
2decision-making standard under sub. (6), whichever is latest, and if subd. 2. does not
3apply, unless the increased withdrawal meets the state decision-making standard
4under sub. (5m) and, if the cumulative water loss, as determined under par. (km),
5averages more than 2,000,000 gallons per day in any 30-day period, the withdrawal
6meets the consumptive use decision-making standard under sub. (6m), except as
7provided in par. (ks).
SB523,124,188
2. Except as provided in par. (gm), the department may not approve an
9application under par. (g) 1., if the person proposes to increase the amount of the
10withdrawal so that it equals at least 10,000,000 gallons per day for any 30
11consecutive days over the withdrawal amount as of the beginning of the current
12permit term, the compact's effective date, or the date that the department issued a
13modified permit for the withdrawal if the modification was subject to the compact
14decision-making standard under sub. (6), whichever is latest, unless the withdrawal
15meets the compact decision-making standard under sub. (6) and, if the cumulative
16water loss, as determined under par. (km), averages more than 2,000,000 gallons per
17day in any 30-day period, the withdrawal meets the consumptive use
18decision-making standard under sub. (6m), except as provided in par. (ks).
SB523,124,1919
(i)
Term of permit. The term of an individual permit is 10 years.
SB523,124,2420
(j)
Reissuance. 1. A person to whom the department has issued an individual
21permit under this subsection or s. 281.344 (5) shall apply to the department for
22reissuance of the individual permit at least 180 days before the end of the term of the
23permit if the person intends to continue to withdraw from the Great Lakes basin at
24least 1,000,000 gallons per day for any 30 consecutive days.
SB523,125,4
12. After receiving an application under subd. 1., the department shall, within
2the time limit established by the department by rule, determine whether to approve
3the application or notify the applicant of any additional information needed to
4determine whether to approve the application.
SB523,125,135
3. Except as provided in subd. 3m., if the department approves an application
6under subd. 1., determines that the person is in compliance with the current
7individual permit, and has issued any approvals under s. 30.12, 30.18, 281.34, or
8281.41 or s. 281.17, 2001 stats., that are required for the withdrawal, the department
9shall reissue the individual permit. In the permit, the department shall specify a
10withdrawal amount that is equal to the amount in the current permit, except that,
11if the person proposes in the application to increase the amount of the withdrawal,
12the department shall specify a withdrawal amount equal to the smallest of the
13following amounts:
SB523,125,1914
a. The maximum hydraulic capacity of the most restrictive component of the
15water supply system used for the withdrawal for which the person has approval
16under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
17under one of those provisions is not required for the most restrictive component of
18the water supply system, the maximum hydraulic capacity of the most restrictive
19component that the person proposes to use in the water supply system.
SB523,125,2120
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
21stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523,125,2322
c. Any limit on the amount of the withdrawal necessary to ensure compliance
23with a decision-making standard applicable under par. (e) or (f).
SB523,126,524
3m. If the department approves an application under subd. 1. for a withdrawal
25for the purpose of providing water to a public water supply system that is covered by
1an approved water supply service area plan under s. 281.348 and determines that
2the person is in compliance with the current individual permit, the department shall
3reissue the individual permit. In the permit, the department shall specify a
4withdrawal amount that is equal to the withdrawal amount in the water supply
5service area plan.
SB523,126,76
4. If the department disapproves an application under subd. 1., the department
7shall notify the applicant in writing of the reason for the disapproval.
SB523,126,138
(jm)
Consistency with water supply plans; reissuance. 1. The department may
9not approve an application under par. (j) 1. for a withdrawal for the purpose of
10providing water to a public water supply system that serves a population of more
11than 10,000 if the person proposes to increase the amount of the withdrawal over the
12amount in the current permit, unless the public water supply system is covered by
13an approved water supply service area plan under s. 281.348.
SB523,126,1714
2. The department may not approve an application under par. (j) 1. for a
15withdrawal for the purpose of providing water to a public water supply system that
16is covered by an approved water supply service area plan under s. 281.348 unless the
17withdrawal is consistent with the water supply service area plan.
SB523,127,518
(k)
Standards for reissuance in certain cases. 1. Except as provided in par. (jm),
19the department may not approve an application under par. (j) 1., if the person
20proposes in the application to increase the amount of the withdrawal so that it equals
211,000,000 or more gallons per day for any 30 consecutive days over the withdrawal
22amount as of the beginning of the current permit term, the compact's effective date,
23or the date that the department issued a modified permit for the withdrawal if the
24modification was subject to the state decision-making standard under sub. (5m) or
25the compact decision-making standard under sub. (6), whichever is latest, and if
1subd. 2. does not apply, unless the increased withdrawal meets the state
2decision-making standard under sub. (5m) and, if the cumulative water loss, as
3determined under par. (km), averages more than 2,000,000 gallons per day in any
430-day period, the withdrawal meets the consumptive use decision-making
5standard under sub. (6m), except as provided in par. (ks).
SB523,127,166
2. Except as provided in par. (jm), the department may not approve an
7application under par. (j) 1., if the person proposes in the application to increase the
8amount of the withdrawal so that it equals at least 10,000,000 gallons per day for any
930 consecutive days over the withdrawal amount as of the beginning of the current
10permit term, the compact's effective date, or the date that the department issued a
11modified permit for the withdrawal if the modification was subject to the compact
12decision-making standard under sub. (6), whichever is latest, unless the withdrawal
13meets the compact decision-making standard under sub. (6) and, if the cumulative
14water loss, as determined under par. (km), averages more than 2,000,000 gallons per
15day in any 30-day period, the withdrawal meets the consumptive use
16decision-making standard under sub. (6m), except as provided in par. (ks).
SB523,127,2117
(km)
Cumulative water loss. The cumulative water loss for a withdrawal is
18determined by adding the amount of water loss from consumptive use that results
19from the proposed increase in the withdrawal to the amount of water loss from
20consumptive use that resulted from any other increases in the withdrawal amount
21for the withdrawal that occurred after the latest of the following:
SB523,127,2222
1. The beginning of the current permit term.
SB523,127,2523
2. The date on which the department modified the withdrawal amount for the
24withdrawal if the modification was subject to the consumptive use decision-making
25standard.
SB523,128,6
1(ks)
Water loss for withdrawals with water loss approvals. If the department
2specified an authorized base level of water loss under s. 281.35 (6) (a) 2. for a
3withdrawal and the total water loss resulting from the withdrawal, after a proposed
4increase, averages less than 2,000,000 gallons per day in any 30-day period over that
5authorized base level of water loss, the consumptive use decision-making standard
6does not apply.
SB523,128,157
(L)
Prior notice. Beginning no later than 60 months after the compact's
8effective date, if a proposal for which approval is required under this subsection will
9result in a new water loss or an increase in a water loss that will average more than
105,000,000 gallons per day in any 90-day period, the department shall provide the
11other parties and the provinces of Ontario and Quebec, Canada, with detailed notice
12of the proposal and an opportunity to comment on the proposal. The department
13shall provide a response to any comment received under this paragraph. The
14department may not grant an approval under this subsection until at least 90 days
15after the day on which it provided notice under this paragraph.
SB523,128,2216
(m)
Regional review. If a majority of the members of the regional body request
17regional review of a proposal described in s. 281.343 (4h) (a) 6. for which approval is
18required under this subsection, the department shall conduct a technical review of
19the proposal and submit the proposal for regional review. The department may not
20act on the proposal until the proposal has undergone regional review and the
21department has considered the regional declaration of finding in determining
22whether to approve the proposal.
SB523,129,523
(n)
Information to be provided. A person who submits an application under par.
24(d) 1., (g) 1., or (j) 1. shall provide the information required by the department by rule.
25If a decision-making standard under sub. (5m), (6), or (6m) applies, the person shall
1provide information about the potential impacts of the withdrawal on the waters of
2the Great Lakes basin and water dependent natural resources. If the compact
3decision-making standard under sub. (6) applies, the person shall provide an
4assessment of the individual impacts of the proposal for the purposes of sub. (6) (b).
5The person may also include a cumulative impact assessment.
SB523,129,96
(o)
Departmental modifications. After an opportunity for a hearing, the
7department may modify a permit issued under this subsection as necessary to ensure
8that a withdrawal complies with any applicable requirement under sub. (5m), (6), or
9(6m).
SB523,129,1310
(p)
Suspension and revocation. The department may suspend or revoke a
11permit issued under this subsection or s. 281.344 (5) for cause, including obtaining
12the permit by misrepresentation or failure to disclose relevant facts or violating the
13terms of the permit.
SB523,129,1514
(q)
Permits not transferable. An individual water use permit is not
15transferable.
SB523,130,2
16(5e) Requirements for water supply service area plans for public water
17supply systems in the Great Lakes basin. (a)
Unpermitted withdrawals. 1.
18Beginning on the compact's effective date, the department may not approve a water
19supply service area plan under s. 281.348 that provides for a new withdrawal from
20the Great Lakes basin of at least 1,000,000 gallons per day for any 30 consecutive
21days, or for modification of an existing withdrawal that is not covered by a general
22permit under sub. (4s) or s. 281.344 (4s) so that it will equal at least 1,000,000 gallons
23per day for any 30 consecutive days, but to which subd. 2. does not apply, unless the
24withdrawal meets the state decision-making standard under sub. (5m) and, if the
25withdrawal will result in a water loss that averages more than 2,000,000 gallons per
1day in any 30-day period, the withdrawal meets the consumptive use
2decision-making standard under sub. (6m).
SB523,130,123
2. Beginning on the compact's effective date, the department may not approve
4a water supply service area plan under s. 281.348 that provides for a new withdrawal
5from the Great Lakes basin of at least 10,000,000 gallons per day for any 30
6consecutive days, or for modification of an existing withdrawal that is not covered by
7a general permit under sub. (4s) or s. 281.344 (4s) so that it will equal at least
810,000,000 gallons per day for any 30 consecutive days, unless the withdrawal meets
9the compact decision-making standard under sub. (6) and, if the withdrawal will
10result in a water loss that averages more than 2,000,000 gallons per day in any
1130-day period, the withdrawal meets the consumptive use decision-making
12standard under sub. (6m).
SB523,130,2413
(b)
Increased withdrawals covered by general permits. 1. Beginning on the
14compact's effective date, the department may not approve a water supply service
15area plan under s. 281.348 that provides for modifying a withdrawal that is covered
16under a general permit under sub. (4s) or s. 281.344 (4s) so that the withdrawal
17equals 1,000,000 or more gallons per day for any 30 consecutive days over the
18withdrawal amount as of the date that the department issued the current notice of
19coverage under the general permit or as of the compact's effective date, whichever
20is later, and if subd. 2. does not apply, unless the withdrawal meets the state
21decision-making standard under sub. (5m) and, if the cumulative water loss, as
22determined under sub. (5) (km), averages more than 2,000,000 gallons per day in any
2330-day period, the withdrawal meets the consumptive use decision-making
24standard under sub. (6m).
SB523,131,11
12. Beginning on the compact's effective date, the department may not approve
2a water supply service area plan under s. 281.348 that provides for modifying a
3withdrawal that is covered under a general permit under sub. (4s) or s. 281.344 (4s)
4so that the withdrawal equals 10,000,000 or more gallons per day for any 30
5consecutive days over the withdrawal amount as of the date that the department
6issued the current notice of coverage under the general permit or as of the compact's
7effective date, whichever is later, unless the withdrawal meets the state
8decision-making standard under sub. (5m) and, if the cumulative water loss, as
9determined under sub. (5) (km), averages more than 2,000,000 gallons per day in any
1030-day period, the withdrawal meets the consumptive use decision-making
11standard under sub. (6m).
SB523,131,2512
(c)
Increased withdrawals covered by individual permits. 1. Beginning on the
13compact's effective date, the department may not approve a water supply service
14area plan under s. 281.348 that provides for increasing the amount of a withdrawal
15that is covered under an individual permit issued under sub. (5) or s. 281.344 (5) so
16that it equals 1,000,000 or more gallons per day for any 30 consecutive days over the
17withdrawal amount as of the beginning of the current permit term, the compact's
18effective date, or the date that the department issued a modified permit for the
19withdrawal if the modification was subject to the state decision-making standard
20under sub. (5m) or the compact decision-making standard under sub. (6), whichever
21is latest, and if subd. 2. does not apply, unless the increased withdrawal meets the
22state decision-making standard under sub. (5m) and, if the cumulative water loss,
23as determined under sub. (5) (km), averages more than 2,000,000 gallons per day in
24any 30-day period, the withdrawal meets the consumptive use decision-making
25standard under sub. (6m).
SB523,132,12
12. Beginning on the compact's effective date, the department may not approve
2a water supply service area plan under s. 281.348 that provides for increasing the
3amount of a withdrawal that is covered under an individual permit issued under s.
4sub. (5) or s. 281.344 (5) so that it equals 10,000,000 or more gallons per day for any
530 consecutive days over the withdrawal amount as of the beginning of the current
6permit term, the compact's effective date, or the date that the department issued a
7modified permit for the withdrawal if the modification was subject to the compact
8decision-making standard under sub. (6), whichever is latest, unless the increased
9withdrawal meets the state decision-making standard under sub. (5m) and, if the
10cumulative water loss, as determined under sub. (5) (km), averages more than
112,000,000 gallons per day in any 30-day period, the withdrawal meets the
12consumptive use decision-making standard under sub. (6m).
SB523,132,1713
(d)
Providing prior notice. The department may not approve a water supply
14service area plan under s. 281.348 that provides for a withdrawal described in sub.
15(5) (L) unless the department has provided notice as required under sub. (5) (L) at
16least 90 days before approving the water supply service area plan and has provided
17a response to any comment received.
SB523,132,2118
(e)
Regional review. The department may not approve a water supply service
19area plan under s. 281.348 if a majority of the members of the regional body request
20regional review of a withdrawal described in s. 281.343 (4h) (a) 6. provided for in the
21plan unless the department complies with sub. (5) (m).
SB523,132,23
22(5m) State decision-making standard. A proposal meets the state
23decision-making standard if all of the following apply:
SB523,132,2524
(a) The amount of the withdrawal or increase in the withdrawal is needed to
25meet the projected needs of the person who will use the water.
SB523,133,3
1(b) For an increase in a withdrawal, cost-effective conservation practices have
2been implemented for existing uses of the water, as required under rules
3promulgated by the department.
SB523,133,54
(c) The applicant has assessed other potential water sources for
5cost-effectiveness and environmental effects.
SB523,133,86
(d) Cost-effective conservation practices will be implemented to ensure
7efficient use of the water, for a new withdrawal, or of the increased amount of an
8existing withdrawal.
SB523,133,99
(e) One of the following applies:
SB523,133,1110
1. No significant adverse environmental impacts to the waters of the state will
11result from the new or increased withdrawal.
SB523,133,1412
2. If the withdrawal is from a surface water body, the applicant demonstrates
13that the withdrawal will not result in the violation of water quality standards under
14s. 281.15 or impair fish populations.
SB523,133,1715
3. The department has issued a permit under s. 30.18 for the new or increased
16withdrawal or has issued a permit under s. 30.12 for a structure that will be used for
17the new or increased withdrawal.
SB523,133,1918
4. The department has issued an approval under s. 281.34, or s. 281.17, 2001
19stats., for the new or increased withdrawal.
SB523,133,2120
(f) The proposal satisfies any other standard that the department determines
21is necessary and promulgates by rule.
SB523,133,23
22(6) Compact decision-making standard. A proposal meets the compact
23decision-making standard if all of the following apply:
SB523,133,2524
(a) All of the water withdrawn from the Great Lakes basin will be returned to
25the source watershed, less an allowance for consumptive use.
SB523,134,4
1(b) The withdrawal will result in no significant adverse individual impacts or
2cumulative impacts to the quantity or quality of the waters of the Great Lakes basin,
3to water dependent natural resources, to the source watershed, or, if the withdrawal
4is from a stream tributary to one of the Great Lakes, to the watershed of that stream.
SB523,134,65
(c) The withdrawal will be implemented in a way that incorporates
6environmentally sound and economically feasible water conservation measures.
SB523,134,97
(d) The withdrawal will be in compliance with all applicable local, state, and
8federal laws and interstate and international agreements, including the Boundary
9Waters Treaty of 1909.
SB523,134,1110
(e) The proposed use of the water is reasonable, based on a consideration of all
11of the following:
SB523,134,1312
1. Whether the proposed withdrawal is planned in a way that provides for
13efficient use of the water and will avoid or minimize the waste of water.
SB523,134,1514
2. If the proposal would result in an increased water loss, whether efficient use
15is made of existing water supplies.
SB523,134,1816
3. The balance of the effects of the proposed withdrawal and use, and other
17existing or planned withdrawals and water uses from the water source, on economic
18development, social development, and environmental protection.
SB523,134,2019
4. The supply potential of the water source, considering quantity, quality,
20reliability, and safe yield of hydrologically interconnected water sources.
SB523,135,221
5. The probable degree and duration of any adverse impacts caused or expected
22to be caused by the proposed withdrawal and use, under foreseeable conditions, to
23other lawful consumptive uses or nonconsumptive uses of water or to the quantity
24or quality of the waters of the Great Lakes basin and water dependent natural
1resources, and the proposed plans and arrangements for avoidance or mitigation of
2those impacts.
SB523,135,53
6. Any provisions for restoration of hydrologic conditions and functions of the
4source watershed or, if the withdrawal is from the stream tributary to one of the
5Great Lakes, of the watershed of that stream.
SB523,135,7
6(6m) Consumptive use decision-making standard. A proposal meets the
7consumptive use decision-making standard if all of the following apply:
SB523,135,88
(a) No public water rights in navigable waters will be adversely affected.
SB523,135,129
(b) The proposed withdrawal and consumptive use do not conflict with any
10applicable plan for future uses of the waters of the state, including approved water
11supply service area plans under s. 281.348 and areawide water quality management
12plans under s. 283.83.
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(c) Any current water use and the proposed plans for withdrawal,
14transportation, development, and use of the water incorporate reasonable
15conservation practices.
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(d) If the water loss averages 5,000,000 gallons or more during any 90-day
17period, the proposed withdrawal and uses will not have a significant adverse impact
18on the environment and ecosystem of the Great Lakes basin or the state.
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(e) The proposed withdrawal and consumptive use are consistent with the
20protection of public health, safety, and welfare and will not be detrimental to the
21public interest.
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(f) The proposed withdrawal and consumptive use will not have a significant
23detrimental effect on the quantity or quality of the waters of the state.
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24(7) Exemptions. Subsections (3) to (6) do not apply to withdrawals from the
25Great Lakes basin or diversions for any of the following purposes:
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1(a) To supply vehicles, including vessels and aircraft, for the needs of the
2persons or animals being transported or for ballast or other needs related to the
3operation of the vehicles.
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(b) To use in a noncommercial project that lasts no more than 3 months for fire
5fighting, humanitarian, or emergency response purposes.
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6(8) Statewide water conservation and efficiency. (a)
Goals and objectives. 7The department shall specify water conservation and efficiency goals and objectives
8for the waters of the state and for the waters of the Great Lakes basin. The
9department shall specify goals and objectives for the waters of the Great Lakes basin
10that are consistent with the goals under s. 281.343 (4b) (a) and the objectives
11identified by the Great Lakes council under s. 281.343 (4b) (a) and (c). In specifying
12these goals and objectives, the department shall consult with the department of
13commerce and the public service commission and consider the water conservation
14and efficiency goals and objectives developed in any pilot program conducted by the
15department in cooperation with the regional body.
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(b)
Statewide program. In cooperation with the department of commerce and
17the public service commission, the department shall develop and implement a
18statewide water conservation and efficiency program that includes all of the
19following:
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1. Promotion of environmentally sound and economically feasible water
21conservation measures.