SB523: Bill Text

A person who proposes to begin a withdrawal, after the date on which the permit requirement applies but before the compact takes effect, that averages 100,000 GPD or more in any 30-day period but that does not equal 1,000,000 GPD for any 30 consecutive days must apply to DNR for coverage under a general permit. Generally, if DNR determines that the withdrawal qualifies for coverage under a general permit and 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 a notice of coverage under the general permit. In the notice, 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most restrictive component that will be used in the water supply system or any limit on the amount of water that may be withdrawn specified in other approvals needed for the withdrawal.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 notice of coverage 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. The withdrawal amount in a water supply plan is generally the amount that DNR determines is needed to provide a public water supply in accordance with the plan during the period covered by the plan.

The bill authorizes DNR to require a person who would otherwise qualify for coverage under a general permit to obtain an individual permit in certain situations, including when it is necessary to protect public health or safety or to ensure the proper management of the waters of the state.

If a person making a withdrawal that is covered by a general permit proposes to increase the amount of the withdraw over the withdrawal amount specified by DNR, but does not propose to withdraw at least 1,000,000 GPD for any 30 consecutive days, the person must apply to DNR for modification of the withdrawal amount. The conditions for increasing the withdrawal amount are the same as the conditions for granting coverage under a general permit.

Coverage under a general permit ends on the date that the term of the general permit ends. A person who intends to continue a withdrawal covered by a general permit must apply for redetermination of coverage under a new general permit at least 180 days before the end of the term of the current general permit.

Individual permits

The bill requires a person who makes a withdrawal from the Great Lakes basin that equals at least 1,000,000 GPD for any 30 consecutive days to have an individual permit. DNR must include in an individual permit a withdrawal amount, and, in accordance with rules promulgated by DNR, requirements for reporting, metering, surveillance, and water conservation and limits on the locations, dates, and seasons of the withdrawal and on the allowable uses of the water.

The bill requires DNR to automatically issue an individual permit to every person who makes a withdrawal from the Great Lakes basin that equals 1,000,000 GPD for any 30 consecutive days and who complies 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 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.

An individual permit is not transferable.

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 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 make 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 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 (bottled 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. The precompact standards for approval for new and existing diversions continue to apply, but for some diversions new requirements also apply, as described below.

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

In addition to the requirements that apply before the compact takes effect, a proposal for a diversion to a community in a straddling county must be reviewed by the regional body and DNR may not approve the proposal unless the council approves the proposal with no disapproving votes.

Water supply planning

The statewide water supply planning provisions described above continue in 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 or more 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 standards. 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. In addition, if a new withdrawal that is subject to the state or compact decision-making standard results in a water loss that averages more than 2,000,000 GPD in any 30-day period, it is subject to the consumptive use 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 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. In addition, generally, if the state or compact decision-making standard applies to a proposed increase in a withdrawal and the water loss from the proposed increase, plus other increases since the beginning of the permit term, averages more than 2,000,000 GPD in any 30-day period, the increase in the withdrawal is subject to the consumptive use decision-making standard.

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, the proposal must be reviewed by the regional body before DNR decides whether to approve the proposal.

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.

DNR may by rule add to the state decision-making standard other criteria that it determines are necessary.

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.

Consumptive use decision-making standard

The consumptive use decision-making standard is similar to the standard in current law that applies to withdrawals that result in water losses averaging more than 2,000,000 GPD in any 30-day period. A proposal meets the consumptive use decision-making standard if it satisfies several criteria, including the following:

1. No public rights in navigable waters will be adversely affected by the

use of the water.

2. Reasonable water conservation practices will be applied to the use of the water.

3. The proposed consumptive use will not have a significant adverse effect on the quantity or quality of the waters of the state.

4. If the water loss averages 5,000,000 gallons or more in any 90-day period, the consumptive use will not have a significant adverse impact on the environment of the Great Lakes basin or the state.

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.

Public participation

The bill includes procedures that facilitate 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 that may affect the tribe for which council approval or regional review is required.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB523, s. 1 Section 1. 14.95 of the statutes is created to read:

SB523,16,6 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.

SB523,17,2 (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, or the secretary's designee, 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. If the secretary chooses to specify a designee, the secretary shall specify an individual with knowledge of and experience with Great Lakes water management issues.

SB523,17,8 (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.

SB523, s. 2 Section 2. 30.18 (2) (b) of the statutes is renumbered 30.18 (2) (b) 1. and amended to read:

SB523,17,16 30.18 (2) (b) 1. No Before the compact's effective date, as defined in s. 281.35 (1) (bm), no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without an individual permit under this section if the diversion 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.

SB523, s. 3 Section 3. 30.18 (2) (b) 2. of the statutes is created to read:

SB523,17,23 30.18 (2) (b) 2. Beginning on the compact's effective date, as defined in s. 281.35 (1) (bm), no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in the upper Mississippi River basin, as defined in s. 281.35 (1) (j), without an individual permit under this section if the diversion 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.

SB523, s. 4 Section 4. 30.208 (3m) of the statutes is created to read:

SB523,18,7 30.208 (3m) Notice to downstream communities. When the department receives an application for an individual permit under s. 30.12 for a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the application to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB523, s. 5 Section 5. 196.49 (2) of the statutes is amended to read:

SB523,18,24 196.49 (2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with s. 281.35, if applicable. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

SB523, s. 6 Section 6. 196.98 of the statutes is repealed.

SB523, s. 7 Section 7. 281.34 (5) (dm) of the statutes is created to read:

SB523,19,5 281.34 (5) (dm) Water supply service area plan. If a proposed high capacity well is covered by an approved water supply service area plan under s. 281.348, the department may not approve the high capacity well unless it is consistent with that plan.

SB523, s. 8 Section 8. 281.34 (5) (e) 1. of the statutes is amended to read:

SB523,19,9 281.34 (5) (e) 1. If s. 281.35 (4) applies to a proposed high capacity well, the department shall include in the approval conditions that ensure that the high capacity well complies with s. 281.35 (4) to (6).