SB523-SSA1,62,83 2. In determining whether to approve a proposal under this paragraph, the
4department shall give substantive consideration to whether the applicant provides
5sufficient scientifically based evidence that the existing water supply is derived from
6groundwater that is hydrologically interconnected to waters of the Great Lakes
7basin. The department may not use a lack of hydrological connection to the waters
8of the Great Lakes basin as a reason to disapprove a proposal.
SB523-SSA1,62,109 (f) Exception standard. A proposal meets the exception standard if all of the
10following apply:
SB523-SSA1,62,1311 1. The need for the proposed interbasin transfer cannot reasonably be avoided
12through the efficient use and conservation of existing water supplies as determined
13under par. (g).
SB523-SSA1,62,1514 2. The interbasin transfer is limited to quantities that are reasonable for the
15purposes for which the interbasin transfer is proposed.
SB523-SSA1,62,1816 3. An amount of water equal to the amount of water withdrawn from the Great
17Lakes basin will be returned to the source watershed, less an allowance for
18consumptive use.
SB523-SSA1,62,2119 3m. The place at which the water is returned to the source watershed is as close
20as practicable to the place at which the water is withdrawn, unless the applicant
21demonstrates that returning the water at that place is one of the following:
SB523-SSA1,62,2222 a. Not economically feasible.
SB523-SSA1,62,2323 b. Not environmentally sound.
SB523-SSA1,62,2424 c. Not in the interest of public health.
SB523-SSA1,63,2
14. No water from outside the Great Lakes basin will be returned to the source
2watershed unless all of the following apply:
SB523-SSA1,63,43 a. The returned water is from a water supply or wastewater treatment system
4that combines water from inside and outside the Great Lakes basin.
SB523-SSA1,63,75 b. The returned water will be treated to meet applicable permit requirements
6under s. 283.31 and to prevent the introduction of invasive species into the Great
7Lakes basin and the department has approved the permit under s. 283.31.
SB523-SSA1,63,118 c. If the water is returned through a structure on the bed of a navigable water,
9the structure is designed and will be operated to meet the applicable permit
10requirements under s. 30.12 and the department has approved the permit under s.
1130.12.
SB523-SSA1,63,1812 4m. If water will be returned to the source watershed through a stream
13tributary to one of the Great Lakes, the physical, chemical, and biological integrity
14of the receiving water under subd. 3. will be protected and sustained as required
15under ss. 30.12, 281.15, and 283.31, considering the state of the receiving water
16before the proposal is implemented and considering both low and high flow
17conditions and potential adverse impacts due to changes in temperature and
18nutrient loadings.
SB523-SSA1,63,2519 5. The interbasin transfer will result in no significant adverse individual
20impacts or cumulative impacts to the quantity or quality of the waters of the Great
21Lakes basin or to water dependent natural resources, including cumulative impacts
22that might result due to any precedent-setting aspects of the proposed interbasin
23transfer, based upon a determination that the proposed interbasin transfer will not
24have any significant adverse impacts on the sustainable management of the waters
25of the Great Lakes basin.
SB523-SSA1,64,3
16. The applicant commits to implementing the applicable water conservation
2measures under sub. (8) (d) that are environmentally sound and economically
3feasible for the applicant.
SB523-SSA1,64,64 7. The interbasin transfer will be in compliance with all applicable local, state,
5and federal laws and interstate and international agreements, including the
6Boundary Waters Treaty of 1909.
SB523-SSA1,64,167 (g) Conservation and efficient use of existing water supplies. The department
8shall promulgate rules specifying the requirements for an applicant for a new,
9increased, or expanded interbasin transfer subject to par. (f) to demonstrate the
10efficient use and conservation of existing water supplies for the purposes of pars. (d)
112. b. and 3. b., (e) 1. d., and (f) 1., including requiring the applicant to document the
12water conservation planning and analysis used to identify the water conservation
13and efficiency measures that the applicant determined were feasible, based on an
14analysis that considered direct and avoided economic and environmental costs, and
15that the applicant implemented and requiring the applicant to quantify the amount
16of water conserved through those efficiency and conservation measures.
SB523-SSA1,64,2117 (i) Interbasin transfer amount. In an approval issued under this subsection or
18a modification granted under this subsection to increase the amount of an interbasin
19transfer, the department shall specify an interbasin transfer amount equal to the
20quantity of water that is reasonable for the purposes for which the interbasin
21transfer is proposed.
SB523-SSA1,65,3 22(4e) Determining initial withdrawal amounts for withdrawals from the
23Great Lakes basin.
(a) Before issuing automatic notice of coverage under a general
24permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a
25withdrawal from the Great Lakes basin for which the department is required to issue

1automatic notice of coverage under a general permit or an automatic individual
2permit, the department shall determine the initial withdrawal amount for the
3withdrawal under this subsection.
SB523-SSA1,65,84 (b) 1. Except as provided in subds. 2. and 3e. and par. (f), the department shall
5estimate the initial withdrawal amount for a withdrawal based on the maximum
6hydraulic capacity of the most restrictive component in the water supply system used
7for the withdrawal as of the date that the department makes the estimate, based on
8information available to the department.
SB523-SSA1,65,139 2. Except as provided in subd. 3e., if the department has issued an approval
10under s. 30.12, 30.18, 281.34, or 281.41, or s. 281.17, 2001 stats., that is required for
11a withdrawal and the approval contains a limit on the amount of water that may be
12withdrawn, the department shall provide an estimate of the initial withdrawal
13amount equal to the limit in the approval.
SB523-SSA1,65,1914 3e. If water is withdrawn through more than one water supply system to serve
15a facility, the department shall determine the amount under subd. 1. for each of the
16water supply systems to which subd. 2. does not apply and shall determine the
17amount under subd. 2. for each of the water supply systems to which subd. 2. applies
18and shall provide an estimate of the initial withdrawal amount that is equal to the
19sum of the amounts determined for each of the water supply systems.
SB523-SSA1,65,2120 (c) The department shall provide the estimate under par. (b) for a withdrawal
21to the person making the withdrawal.
SB523-SSA1,65,2322 (d) After receiving an estimate under par. (c), a person making a withdrawal
23may provide the department with information relating to any of the following:
SB523-SSA1,65,2424 1. The components of the water supply system used for the withdrawal.
SB523-SSA1,66,2
12. Seasonal variations in the amount of water supplied by the water supply
2system.
SB523-SSA1,66,53 3. Plans for expanding the capacity of the water supply system submitted to
4the department no later than 2 years after the effective date of this subdivision ....
5[revisor inserts date].
SB523-SSA1,66,76 4. Amounts withdrawn during the 5 years before the year in which the person
7submits the information.
SB523-SSA1,66,98 5. Successful water conservation efforts by persons using the water that is
9withdrawn.
SB523-SSA1,66,1110 6. Water loss from consumptive uses of similar types of users compared to the
11water loss from consumptive use of persons using the water that is withdrawn.
SB523-SSA1,66,1212 7. Other relevant information.
SB523-SSA1,66,1613 (e) Except as provided in par. (f), the department shall determine the initial
14withdrawal amount for a withdrawal based on the estimate under par. (b) and the
15department's evaluation of any information provided under par. (d). The department
16may not consider information provided by any other person.
SB523-SSA1,67,217 (f) For a public water supply system that, on the effective date of this paragraph
18.... [revisor inserts date], has approval under s. 281.41 to provide water from the
19Great Lakes basin for public water supply purposes outside of the Great Lakes basin
20and approval under s. 283.31 to return the associated wastewater to the Great Lakes
21basin, the department shall determine the initial withdrawal amount to be the
22amount of water necessary to provide water for public water supply purposes in the
23service territory specified in the sewer service area provisions of the areawide water
24quality management plan under s. 283.83 approved by the department before

1December 31, 2007, based on the population and related service projections in those
2provisions.
SB523-SSA1,67,53 (g) The department's determination of an initial withdrawal amount under par.
4(e) or (f) is not subject to administrative review under ch. 227 except at the request
5of the person making the withdrawal.
SB523-SSA1,67,106 (h) If 2 or more public water supply systems merge after the department
7determines their initial withdrawal amounts under par. (e) and before the
8department issues the initial individual permits under sub. (5) (c) for the systems,
9the initial withdrawal amount for the new system is the sum of the amounts
10determined under par. (e) for the individual systems.
SB523-SSA1,67,15 11(4m) Water use permits required in the Great Lakes basin. Beginning on the
12earliest of the following dates, except as provided in sub. (4s) (bm), a person may not
13make a withdrawal from the Great Lakes basin that averages 100,000 gallons per
14day or more in any 30-day period unless the withdrawal is covered under a general
15permit under sub. (4s) or an individual permit under sub. (5):
SB523-SSA1,67,1716 (a) The first day of the 84th month beginning after the effective date of this
17paragraph .... [revisor inserts date].
SB523-SSA1,67,1818 (b) The compact's effective date.
SB523-SSA1,67,24 19(4s) General water use permits for Great Lakes basin. (a) Department to
20issue.
The department shall issue one or more general permits to cover withdrawals
21from the Great Lakes basin that average 100,000 gallons per day or more in any
2230-day period but that do not equal at least 1,000,000 gallons per day for any 30
23consecutive days. The department shall include all of the following in a general
24permit:
SB523-SSA1,67,2525 1. Reference to the database of withdrawal amounts under par. (i).
SB523-SSA1,68,3
12. Requirements for estimating the amount withdrawn, monitoring the
2withdrawal, if necessary, and reporting the results of the estimating and monitoring,
3as provided in rules promulgated by the department.
SB523-SSA1,68,54 3. Requirements for water conservation, as provided in rules promulgated by
5the department under sub. (8) (d).
SB523-SSA1,68,76 (am) Term of general permit. The term of a general permit issued under par.
7(a) is 10 years.
SB523-SSA1,68,148 (b) General requirement. Beginning on the earlier of the dates under sub. (4m)
9(a) and (b), a person who does not hold an individual permit under sub. (5) may not
10make a withdrawal that averages 100,000 gallons per day or more in any 30-day
11period, but that does not equal at least 1,000,000 gallons per day for any 30
12consecutive days, unless the withdrawal is covered under a general permit, except
13as provided in par. (bm). A person to whom the department has issued a notice of
14coverage under a general permit shall comply with the general permit.
SB523-SSA1,68,1715 (bm) Waiver. The department may waive the requirement to obtain coverage
16under a general permit for a person making a withdrawal that is covered by a permit
17under s. 30.18 (2) (a).
SB523-SSA1,69,618 (c) Automatic notice of coverage for existing withdrawals. The department shall
19automatically issue a notice of coverage under a general permit to a person who
20makes a withdrawal from the Great Lakes basin and who reports under sub. (3) (e)
21before the earlier of the dates under sub. (4m) (a) or (b), if the withdrawal averages
22100,000 gallons per day or more in any 30-day period but does not equal at least
231,000,000 gallons per day for any 30 consecutive days. If necessary, the department
24may request additional information before issuing a notice under this paragraph.
25The department shall issue a notice under this paragraph no later than the earlier

1of the dates under sub. (4m) (a) or (b). The department may promulgate a rule under
2which the department issues automatic notices of coverage under a general permit
3on a staggered schedule before the earlier of the dates under sub. (4m) (a) or (b). In
4the notice provided under this paragraph for a withdrawal, the department shall
5specify a withdrawal amount equal to the initial withdrawal amount determined
6under sub. (4e) for the withdrawal.
SB523-SSA1,69,177 (d) Coverage under general permit for new or increased withdrawals. 1. A
8person who proposes to begin a withdrawal from the Great Lakes basin that will
9average 100,000 gallons per day or more in any 30-day period, or to increase an
10existing withdrawal so that it will average 100,000 gallons per day or more in any
1130-day period, after the first day of the 36th month beginning after the effective date
12of this subdivision .... [revisor inserts date], and to whom the department is not
13required to issue automatic notice of coverage under a general permit under par. (c),
14but who does not propose to withdraw at least 1,000,000 gallons per day for any 30
15consecutive days, shall apply to the department for coverage under a general permit.
16In the application, the person shall provide the information required by the
17department by rule.
SB523-SSA1,69,2218 2. After receiving an application under subd. 1., the department shall, within
19the time limit established by the department by rule, determine whether the
20withdrawal qualifies for coverage under a general permit or notify the applicant of
21any additional information needed to determine whether the withdrawal qualifies
22for coverage under a general permit.
SB523-SSA1,70,323 3. Except as provided in subd. 3m., if the department determines that a
24withdrawal qualifies for coverage under a general permit and the department has
25issued any approvals that are required for the withdrawal under s. 30.12, 30.18,

1281.34, or 281.41 or s. 281.17, 2001 stats., the department shall issue a notice of
2coverage. In the notice, the department shall specify a withdrawal amount that is,
3except as provided in subd. 3e., equal to the smallest of the following amounts:
SB523-SSA1,70,94 a. The maximum hydraulic capacity of the most restrictive component of the
5water supply system used for the withdrawal for which the person has approval
6under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
7under one of those provisions is not required for the most restrictive component of
8the water supply system, the maximum hydraulic capacity of the most restrictive
9component that the person proposes to use in the water supply system.
SB523-SSA1,70,1110 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
11stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,70,1512 3e. If water is withdrawn through more than one water supply system to serve
13a facility, the department shall determine the smallest amounts under subd. 3. a. or
14b. for each of the water supply systems and shall specify a withdrawal amount that
15is equal to the sum of the amounts determined for each of the water supply systems.
SB523-SSA1,70,1916 3m. a. The department may not approve an application under subd. 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
19the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,70,2520 b. If the department approves an application under subd. 1. for a withdrawal
21for the purpose of providing water to a public water supply system that is covered by
22an approved water supply service area plan under s. 281.348, the department shall
23issue a notice of coverage. In the notice of coverage the department shall specify a
24withdrawal amount that is equal to the withdrawal amount in the water supply
25service area plan.
SB523-SSA1,71,3
14. If the department determines that a withdrawal does not qualify for coverage
2under a general permit, the department shall notify the applicant in writing of the
3reason for that determination.
SB523-SSA1,71,114 (dm) Requiring individual permit. The department may require a person who
5is making or proposes to make a withdrawal that averages 100,000 gallons per day
6or more in any 30-day period, but that does not equal at least 1,000,000 gallons per
7day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the
8withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1)
9(a), or a groundwater management area designated under s. 281.34 (9) or if coverage
10under an individual permit is necessary to protect public health or safety or to ensure
11the conservation and proper management of the waters of the state.
SB523-SSA1,71,1712 (e) Increase in withdrawal amount. 1. Before the compact's effective date, if
13a person making a withdrawal that is covered under a general permit proposes to
14increase the amount of the withdrawal over the withdrawal amount specified in the
15database under par. (i) for the withdrawal, but does not propose to withdraw at least
161,000,000 gallons per day for any 30 consecutive days, the person shall apply to the
17department for a modification of the withdrawal amount.
SB523-SSA1,71,2218 3. Except as provided in subd. 3m., if the department has issued any approvals
19that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or
20281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount
21to an amount that is, except as provided in subd. 3e., equal to the smallest of the
22following amounts:
SB523-SSA1,72,323 a. The maximum hydraulic capacity of the most restrictive component of the
24water supply system used for the withdrawal for which the person has approval
25under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval

1under one of those provisions is not required for the most restrictive component of
2the water supply system, the maximum hydraulic capacity of the most restrictive
3component that the person proposes to use in the water supply system.
SB523-SSA1,72,54 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
5stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,72,96 3e. If water is withdrawn through more than one water supply system to serve
7a facility, the department shall determine the smallest amount under subd. 3. a. or
8b. for each of the water supply systems and shall specify a withdrawal amount that
9is equal to the sum of the amounts determined for each of the water supply systems.
SB523-SSA1,72,1310 3m. a. The department may not approve an application under subd. 1. for a
11withdrawal for the purpose of providing water to a public water supply system that
12is covered by an approved water supply service area plan under s. 281.348, unless
13the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,72,1814 b. If the department approves an application under subd. 1. for a withdrawal
15for the purpose of providing water to a public water supply system that is covered by
16an approved water supply service area plan under s. 281.348, the department shall
17modify the withdrawal amount to an amount equal to the withdrawal amount in the
18water supply service area plan.
SB523-SSA1,72,2019 (f) Term of coverage. Coverage under a general permit ends on the date that
20the term of the general permit under par. (am) ends.
SB523-SSA1,73,421 (g) Redetermination. A person to whom the department has issued a notice of
22coverage under a general permit shall apply to the department for redetermination
23of coverage under a new general permit at least 180 days before the end of the term
24of the current general permit if the person intends to continue to withdraw from the
25Great Lakes basin an average of 100,000 gallons per day or more in any 30-day

1period but does not intend to withdraw at least 1,000,000 gallons per day for any 30
2consecutive days. If the person is in substantial compliance with the current general
3permit and the withdrawal qualifies for coverage under the new general permit, the
4department shall issue a notice of coverage under the new general permit.
SB523-SSA1,73,95 (h) Suspension and revocation. After an opportunity for a hearing, the
6department may suspend or revoke coverage under a general permit issued under
7this subsection for cause, including obtaining coverage under the permit by
8misrepresentation or failure to disclose material facts or substantially violating the
9terms of the permit.
SB523-SSA1,73,1210 (i) Database. The department shall maintain a database of the withdrawal
11amounts for all withdrawals that are covered under general permits under this
12subsection.
SB523-SSA1,73,18 13(5) Individual water use permits for Great Lakes basin. (a) Requirement.
14Beginning on the earlier of the dates under sub. (4m) (a) or (b), a person may not
15make a withdrawal from the Great Lakes basin that equals at least 1,000,000 gallons
16per day for any 30 consecutive days unless the withdrawal is covered by an individual
17permit. A person to whom the department has issued an individual permit shall
18comply with the individual permit.
SB523-SSA1,73,2019 (b) Content of individual permits. The department shall include all of the
20following in an individual permit:
SB523-SSA1,73,2221 1. A withdrawal amount as determined under par. (d) 3., 3e., or 3m. or (e) 3.,
223e., or 3m. or sub. (4e).
SB523-SSA1,73,2523 3. Requirements for estimating the amount withdrawn, monitoring the
24withdrawal, if necessary, and reporting the results of the estimating and monitoring,
25as provided in rules promulgated by the department.
SB523-SSA1,74,2
14. Requirements for water conservation, as provided in rules promulgated by
2the department under sub. (8) (d).
SB523-SSA1,74,43 5. Limits on the location and dates or seasons of the withdrawal and on the
4allowable uses of the water, as provided in rules promulgated by the department.
SB523-SSA1,74,65 6. Conditions on any interbasin transfer under sub. (4) made by the person
6making the withdrawal.
SB523-SSA1,74,87 6m. If s. 281.35 (4) applies to the withdrawal, the matters under s. 281.35 (6)
8(a).
SB523-SSA1,74,209 (c) Automatic issuance of individual permits for existing withdrawals. The
10department shall automatically issue an individual permit to a person who makes
11a withdrawal from the Great Lakes basin and who reports under sub. (3) (e) before
12the earlier of the dates under sub. (4m) (a) or (b), if the withdrawal equals at least
131,000,000 gallons per day for any 30 consecutive days. If necessary, the department
14may request additional information before issuing a permit under this paragraph.
15The department shall issue a permit under this paragraph no later than the earlier
16of the dates under sub. (4m) (a) or (b). In the permit, the department shall specify
17a withdrawal amount equal to the initial withdrawal amount determined under sub.
18(4e) for the withdrawal. The department may promulgate a rule under which the
19department issues automatic individual permits on a staggered schedule before the
20earlier of the dates under sub. (4m) (a) or (b).
SB523-SSA1,75,421 (d) Individual permit for new or increased unpermitted withdrawals. 1. A
22person who proposes to begin a withdrawal from the Great Lakes basin that will
23equal at least 1,000,000 gallons per day for any 30 consecutive days or to modify an
24existing withdrawal so that it will equal at least 1,000,000 gallons per day for any
2530 consecutive days, after the first day of the 36th month beginning after the effective

1date of this subdivision .... [revisor inserts date], and to whom the department is not
2required to issue an automatic individual permit under par. (c), shall apply to the
3department for an individual permit. In the application, the person shall provide the
4information required by the department by rule.
SB523-SSA1,75,85 2. After receiving an application under subd. 1., the department shall, within
6the time limit established by the department by rule, determine whether to approve
7the application or notify the applicant of any additional information needed to
8determine whether to approve the application.
SB523-SSA1,75,149 3. Except as provided in subd. 3m., if the department approves an application
10under subd. 1. and the department has issued any approvals that are required for
11the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the
12department shall issue an individual permit. In the permit, the department shall
13specify a withdrawal amount that is, except as provided in subd. 3e., equal to the
14smallest of the following amounts:
SB523-SSA1,75,2015 a. The maximum hydraulic capacity of the most restrictive component of the
16water supply system used for the withdrawal for which the person has approval
17under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
18under one of those provisions is not required for the most restrictive component of
19the water supply system, the maximum hydraulic capacity of the most restrictive
20component that the person proposes to use in the water supply system.
SB523-SSA1,75,2221 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
22stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,76,223 3e. If water is withdrawn through more than one water supply system to serve
24a facility, the department shall determine the smaller of the amounts under subd. 3.
25a. or b. for each of the water supply systems and shall specify a withdrawal amount

1that is equal to the sum of the amounts determined for each of the water supply
2systems.
SB523-SSA1,76,63 3m. a. The department may not approve an application under subd. 1. for a
4withdrawal for the purpose of providing water to a public water supply system that
5is covered by an approved water supply service area plan under s. 281.348, unless
6the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,76,127 b. If the department approves an application under subd. 1. for a withdrawal
8for the purpose of providing water to a public water supply system that is covered by
9an approved water supply service area plan under s. 281.348, the department shall
10issue an individual permit. In the permit, the department shall specify a withdrawal
11amount that is equal to the withdrawal amount in the water supply service area
12plan.
SB523-SSA1,76,1413 4. If the department disapproves an application under subd. 1., the department
14shall notify the applicant in writing of the reason for the disapproval.
SB523-SSA1,76,1915 (e) Increase in withdrawal amount. 1. Before the compact's effective date, if
16a person making a withdrawal that is covered under an individual permit proposes
17to increase the amount of the withdrawal over the withdrawal amount specified in
18the permit, the person shall apply to the department for a modification of the permit
19to increase the withdrawal amount.
SB523-SSA1,76,2420 3. Except as provided in subd. 3m., if the department has issued any approvals
21that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or
22281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount
23to an amount that is, except as provided in subd. 3e., equal to the smallest of the
24following amounts:
SB523-SSA1,77,6
1a. The maximum hydraulic capacity of the most restrictive component of the
2water supply system used for the withdrawal for which the person has approval
3under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
4under one of those provisions is not required for the most restrictive component of
5the water supply system, the maximum hydraulic capacity of the most restrictive
6component that the person proposes to use in the water supply system.
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