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.
SB523-SSA1,77,87 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
8stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,77,129 3e. If water is withdrawn through more than one water supply system to serve
10a facility, the department shall determine the smallest amount under subd. 3. a. or
11b. for each of the water supply systems and shall specify a withdrawal amount that
12is equal to the sum of the amounts determined for each of the water supply systems.
SB523-SSA1,77,1613 3m. a. The department may not approve an application under subd. 1. for a
14withdrawal for the purpose of providing water to a public water supply system that
15is covered by an approved water supply service area plan under s. 281.348, unless
16the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,77,2117 b. If the department approves an application under subd. 1. for a withdrawal
18for the purpose of providing water to a public water supply system that is covered by
19an approved water supply service area plan under s. 281.348, the department shall
20modify the withdrawal amount to an amount equal to the withdrawal amount in the
21water supply service area plan.
SB523-SSA1,77,2222 (f) Term of coverage. The term of an individual permit is 10 years.
SB523-SSA1,78,523 (g) Reissuance. A person to whom the department has issued an individual
24permit under this subsection shall apply to the department for reissuance of the
25individual permit at least 180 days before the end of the term of the permit if the

1person intends to continue to withdraw from the Great Lakes basin at least 1,000,000
2gallons per day for any 30 consecutive days. If the department determines that the
3person is in substantial compliance with the individual permit and that the
4withdrawal continues to qualify for an individual permit, the department shall
5reissue the permit.
SB523-SSA1,78,96 (h) Suspension and revocation. After an opportunity for a hearing, the
7department may suspend or revoke a permit issued under this subsection for cause,
8including obtaining the permit by misrepresentation or failure to disclose material
9facts or substantially violating the terms of the permit.
SB523-SSA1,78,1410 (i) Transfer of control. A permit is not transferable to any person except after
11notice to the department. A person who proposes to assume control over a permitted
12withdrawal shall file with the department a permit application and a statement of
13acceptance of the permit. The department may require modification or revocation
14and reissuance of the permit to change the name of the permittee.
SB523-SSA1,78,16 15(7) Exemptions. Subsections (3) to (5) do not apply to withdrawals or interbasin
16transfers for any of the following purposes:
SB523-SSA1,78,1917 (a) To supply vehicles, including vessels and aircraft, for the needs of the
18persons or animals being transported or for ballast or other needs related to the
19operation of the vehicles.
SB523-SSA1,78,2120 (b) To use in a noncommercial project that lasts no more than 3 months for fire
21fighting, humanitarian, or emergency response purposes.
SB523-SSA1,79,6 22(7m) Emergency order. The department may, without a prior hearing, order
23a person to whom the department has issued an individual permit or notice of
24coverage under a general permit under this section to immediately stop a withdrawal
25if the department determines that there is a danger of imminent harm to the public

1health, safety, or welfare, to the environment, or to the water resources or related
2land resources of this state. The order shall specify the date on which the withdrawal
3must be stopped and the date, if any, on which it may be resumed. The order shall
4notify the person that the person may request a contested case hearing under ch. 227.
5The hearing shall be held as soon as practicable after receipt of a request for a
6hearing. An emergency order remains in effect pending the result of the hearing.
SB523-SSA1,79,14 7(8) Statewide water conservation and efficiency. (a) Goals and objectives.
8The department shall specify water conservation and efficiency goals and objectives
9for the waters of the state. The department shall specify goals and objectives for the
10waters of the Great Lakes basin that are consistent with the goals under s. 281.343
11(4b) (a) and the objectives identified by the regional body under Article 304 (1) of the
12Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement.
13In specifying these goals and objectives, the department shall consult with the
14department of commerce and the public service commission.
SB523-SSA1,79,1815 (b) Statewide program. In cooperation with the department of commerce and
16the public service commission, the department shall develop and implement a
17statewide water conservation and efficiency program that includes all of the
18following:
SB523-SSA1,79,2019 1. Promotion of environmentally sound and economically feasible water
20conservation measures.
SB523-SSA1,79,2221 2. Water conservation and efficiency measures that the public service
22commission requires or authorizes a water utility to implement under ch. 196.
SB523-SSA1,79,2423 3. Water conservation and efficiency measures that the department of
24commerce requires or authorizes to be implemented under chs. 101 and 145.
SB523-SSA1,80,6
1(d) Water conservation and efficiency measures. The department shall
2promulgate rules specifying water conservation and efficiency measures for the
3purposes of this section. In the rules, the department may not require retrofitting
4of existing fixtures, appliances, or equipment. In specifying the measures, the
5department shall consider the results of any pilot water conservation program
6conducted by the department in cooperation with the regional body.
SB523-SSA1,80,10 7(9) Public participation. (b) Public Notice. 1. The department shall, by rule,
8create procedures for circulating to interested and potentially interested members
9of the public notices of each complete application that the department receives under
10sub. (4). The department shall include, in the rule, at least the following procedures:
SB523-SSA1,80,1111 a. Publication of the notice as a class 1 notice under ch. 985.
SB523-SSA1,80,1312 b. Mailing of the notice to any person, group, local governmental unit, or state
13agency upon request.
SB523-SSA1,80,1614 2. The department shall establish the form and content of a public notice by
15rule. The department shall include in every public notice concerning an application
16under sub. (4) at least the following information:
SB523-SSA1,80,1717 a. The name and address of each applicant.
SB523-SSA1,80,1918 b. A brief description of the proposal for which the application is made under
19sub. (4), including the amount of the proposed interbasin transfer.
SB523-SSA1,80,2220 c. A brief description of the procedures for the formulation of final
21determinations on applications, including the 30-day comment period required
22under par. (c).
SB523-SSA1,81,223 (c) Public comment. The department shall receive public comments on a
24proposal for which it receives an application under sub. (4) for a 30-day period
25beginning when the department gives notice under par. (b) 1. The department shall

1retain all written comments submitted during the comment period and shall
2consider the comments in making its decisions on the application.
SB523-SSA1,81,123 (d) Public hearing. 1. The department shall provide an opportunity for any
4interested person or group of persons, any affected local governmental unit, or any
5state agency to request a public hearing with respect to a proposal for which the
6department receives an application under sub. (4). A request for a public hearing
7shall be filed with the department within 30 days after the department gives notice
8under par. (b). The party filing a request for a public hearing shall indicate the
9interest of the party and the reasons why a hearing is warranted. The department
10shall hold a public hearing on a proposal for which the department receives an
11application under sub. (4) if the department determines that there is a significant
12public interest in holding a hearing.
SB523-SSA1,81,1513 2. The department shall promulgate, by rule, procedures for the conduct of
14public hearings held under this paragraph. A hearing held under this paragraph is
15not a contested case hearing under ch. 227.
SB523-SSA1,81,1716 3. The department shall circulate public notice of any hearing held under this
17paragraph in the manner provided under par. (b) 1.
SB523-SSA1,82,718 (e) Public access to information. Any record or other information provided to
19or obtained by the department regarding a proposal for which an application under
20sub. (4) is received is a public record as provided in subch. II of ch. 19. The
21department shall make available to and provide facilities for the public to inspect and
22copy any records or other information provided to or obtained by the department
23regarding a proposal for which an application for a new or increased interbasin
24transfer under sub. (4) is received, except that any record or other information
25provided to the department may be treated as confidential upon a showing to the

1secretary that the record or information is entitled to protection as a trade secret, as
2defined in s. 134.90 (1) (c), or upon a determination by the department that domestic
3security concerns warrant confidential treatment. Nothing in this subsection
4prevents the use of any confidential records or information obtained by the
5department in the administration of this section in compiling or publishing general
6analyses or summaries, if the analyses or summaries do not identify a specific owner
7or operator.
SB523-SSA1,82,10 8(13m) Exceedances. It is not a violation of this section to inadvertently
9withdraw an amount of water that exceeds the withdrawal amount specified in a
10permit issued under sub. (5) or in the database under sub. (4s) (i).
SB523-SSA1,82,14 11(14) Penalties. (a) Any person who violates this section or any rule
12promulgated or approval issued under this section shall forfeit not less than $10 nor
13more than $10,000 for each violation. Each day of continued violation is a separate
14offense.
SB523-SSA1,82,1815 (c) In addition to the penalties under par. (a), the court may order the defendant
16to abate any nuisance, restore a natural resource, or take, or refrain from taking, any
17other action as necessary to eliminate or minimize any environmental damage
18caused by the violation.
SB523-SSA1,82,19 19(15) Sunset. This section does not apply after the compact's effective date.
SB523-SSA1, s. 11 20Section 11. 281.346 of the statutes is created to read:
SB523-SSA1,82,22 21281.346 Water conservation, reporting, and supply regulation; after
22the compact takes effect.
(1) Definitions. In this section:
SB523-SSA1,82,2523 (d) "Community within a straddling county" means any city, village, or town
24that is not a straddling community and that is located outside the Great Lakes basin
25but wholly within a county that lies partly within the Great Lakes basin.
SB523-SSA1,83,2
1(dm) "Compact" means the Great Lakes—St. Lawrence River Basin Water
2Resources Compact under s. 281.343.
SB523-SSA1,83,43 (dr) "Compact's effective date" means the effective date of the compact under
4s. 281.343 (9) (d).
SB523-SSA1,83,75 (e) "Consumptive use" means a use of water that results in the loss of or failure
6to return some or all of the water to the basin from which the water is withdrawn due
7to evaporation, incorporation into products, or other processes.
SB523-SSA1,83,148 (g) "Cumulative impacts" means the impacts on the Great Lakes basin
9ecosystem that result from incremental effects of all aspects of a withdrawal,
10diversion, or consumptive use in addition to other past, present, and reasonably
11foreseeable future withdrawals, diversions, and consumptive uses regardless of who
12undertakes the other withdrawals, diversions, and consumptive uses, including
13individually minor but collectively significant withdrawals, diversions, and
14consumptive uses taking place over a period of time.
SB523-SSA1,83,2015 (h) "Diversion" means a transfer of water from the Great Lakes basin into a
16watershed outside the Great Lakes basin, or from the watershed of one of the Great
17Lakes into that of another, by any means of transfer, including a pipeline, canal,
18tunnel, aqueduct, channel, modification of the direction of a water course, tanker
19ship, tanker truck, or rail tanker except that "diversion" does not include any of the
20following:
SB523-SSA1,83,2321 1. The transfer of a product produced in the Great Lakes basin or in the
22watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of
23the Great Lakes basin or out of that watershed.
SB523-SSA1,84,3
12. The transmission of water within a line that extends outside the Great Lakes
2basin as it conveys water from one point to another within the Great Lakes basin if
3no water is used outside the Great Lakes basin.
SB523-SSA1,84,54 3. The transfer of bottled water from the Great Lakes basin in containers of
55.7 gallons or less.
SB523-SSA1,84,116 (hm) "Divert" means to transfer water from the Great Lakes basin into a
7watershed outside the Great Lakes basin, or from the watershed of one of the Great
8Lakes into that of another, by any means of transfer, including a pipeline, canal,
9tunnel, aqueduct, channel, modification of the direction of a water course, tanker
10ship, tanker truck, or rail tanker except that "divert" does not include any of the
11following:
SB523-SSA1,84,1412 1. To transfer a product produced in the Great Lakes basin or in the watershed
13of one of the Great Lakes, using waters of the Great Lakes basin, out of the Great
14Lakes basin or out of that watershed.
SB523-SSA1,84,1715 2. To transmit water within a line that extends outside the Great Lakes basin
16as it conveys water from one point to another within the Great Lakes basin if no
17water is used outside the Great Lakes basin.
SB523-SSA1,84,1918 3. To transfer bottled water from the Great Lakes basin in containers of 5.7
19gallons or less.
SB523-SSA1,84,2520 (i) "Environmentally sound and economically feasible water conservation
21measures" means those measures, methods, or technologies for efficient water use
22and for reducing water loss and waste or for reducing the amount of a withdrawal,
23consumptive use, or diversion that are, taking into account environmental impact,
24the age and nature of equipment and facilities involved, the processes employed, the
25energy impacts, and other appropriate factors, all of the following:
SB523-SSA1,85,1
11. Environmentally sound.
SB523-SSA1,85,22 2. Reflective of best practices applicable to the water use sector.
SB523-SSA1,85,33 3. Technically feasible and available.
SB523-SSA1,85,54 4. Economically feasible and cost-effective based on an analysis that considers
5direct and avoided economic and environmental costs.
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