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6to return some or all of the water to the basin from which the water is withdrawn due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.
SB523-SSA1,85,96 (j) "Facility" means an operating plant or establishment providing electricity
7to the public or carrying on any manufacturing activity, trade, or business on one site,
8including similar plants or establishments under common ownership or control
9located on contiguous properties.
SB523-SSA1,85,1210 (je) "Great Lakes basin" means the watershed of the Great Lakes and the St.
11Lawrence River upstream from Trois—Rivieres, Quebec, within the jurisdiction of
12the parties.
SB523-SSA1,85,1413 (ji) "Great Lakes basin ecosystem" means the interacting components of air,
14land, water, and living organisms, including humans, within the Great Lakes basin.
SB523-SSA1,85,1615 (jj) "Great Lakes council" means the Great Lakes—St. Lawrence River Basin
16Water Resources Council, created under s. 281.343 (2) (a).
SB523-SSA1,85,1817 (jm) "Intrabasin transfer" means the transfer of water from the watershed of
18one of the Great Lakes into the watershed of another of the Great Lakes.
SB523-SSA1,85,1919 (n) "Party" means a state that is a party to the compact.
SB523-SSA1,85,2320 (nm) Notwithstanding s. 281.01 (9), "person" means an individual or other
21entity, including a government or a nongovernmental organization, including any
22scientific, professional, business, nonprofit, or public interest organization or
23association that is neither affiliated with nor under the direction of a government.
SB523-SSA1,86,224 (o) "Product" means something produced by human or mechanical effort or
25through agricultural processes and used in manufacturing, commercial, or other

1processes or intended for intermediate or ultimate consumers, subject to all of the
2following:
SB523-SSA1,86,33 1. Water used as part of the packaging of a product is part of the product.
SB523-SSA1,86,64 2. Other than water used as part of the packaging of a product, water that is
5used primarily to transport materials in or out of the Great Lakes basin is not a
6product or part of a product.
SB523-SSA1,86,87 3. Except as provided in subd. 1., water that is transferred as part of a public
8or private supply is not a product or part of a product.
SB523-SSA1,86,109 4. Water in its natural state, such as in lakes, rivers, reservoirs, aquifers, or
10water basins, is not a product.
SB523-SSA1,86,1411 (pm) "Public water supply" means water distributed to the public through a
12physically connected system of treatment, storage, and distribution facilities that
13serve a group of largely residential customers and that may also serve industrial,
14commercial, and other institutional customers.
SB523-SSA1,86,1815 (ps) "Reasonable supply alternative" means a supply alternative that is similar
16in cost to, and as environmentally sustainable and protective of public health as, the
17proposed new or increased diversion and that does not have greater adverse
18environmental impacts than the proposed new or increased diversion.
SB523-SSA1,86,2219 (q) "Regional body" means the body consisting of the governors of the parties
20and the premiers of Ontario and Quebec, Canada, or their designees as established
21by the Great Lakes—St. Lawrence River Basin Sustainable Water Resources
22Agreement.
SB523-SSA1,86,2423 (qd) "Regional declaration of finding" means a declaration of finding issued by
24the regional body under s. 281.343 (4h) (e).
SB523-SSA1,87,2
1(qm) "Regional review" means review by the regional body as described in s.
2281.343 (4h).
SB523-SSA1,87,93 (r) "Source watershed" means the watershed from which a withdrawal
4originates. If water is withdrawn directly from a Great Lake or from the St.
5Lawrence River, then the source watershed is the watershed of that Great Lake or
6the watershed of the St. Lawrence River, respectively. If water is withdrawn from
7the watershed of a stream that is a direct tributary to a Great Lake or a direct
8tributary to the St. Lawrence River, then the source watershed is the watershed of
9that Great Lake or the watershed of the St. Lawrence River, respectively.
SB523-SSA1,87,1310 (t) "Straddling community" means any city, village, or town that, based on its
11boundary existing as of the compact's effective date, is partly within the Great Lakes
12basin or partly within the watersheds of 2 of the Great Lakes and that is wholly
13within any county that lies partly or completely within the Great Lakes basin.
SB523-SSA1,87,1614 (u) "Technical review" means a thorough analysis and evaluation conducted to
15determine whether a proposal that is subject to regional review under this section
16meets the criteria for approval under sub. (4), (5), or (6).
SB523-SSA1,87,1817 (w) "Water dependent natural resources" means the interacting components of
18land, water, and living organisms affected by the waters of the Great Lakes basin.
SB523-SSA1,87,2119 (wm) "Water loss" means the amount of water that is withheld from or not
20returned to the basin from which it is withdrawn as a result of a diversion or
21consumptive use or both.
SB523-SSA1,87,2322 (wp) "Water supply system," when not preceded by "public," means one of the
23following:
SB523-SSA1,87,2524 1. Except as provided in subd. 2., the equipment handling water from the point
25of intake of the water to the first point at which the water is used.
SB523-SSA1,88,2
12. For a system for providing a public water supply, the equipment from the
2point of intake of the water to first point at which the water is distributed.
SB523-SSA1,88,43 (wr) "Water utility" means a public utility, as defined in s. 196.01 (5), that
4furnishes water.
SB523-SSA1,88,75 (x) "Waters of the Great Lakes basin" means the Great Lakes and all streams,
6rivers, lakes, connecting channels, and other bodies of water, including tributary
7groundwater, within the Great Lakes basin.
SB523-SSA1,88,88 (y) "Withdraw" means to take water from surface water or groundwater.
SB523-SSA1,88,119 (z) "Withdrawal" means the taking of water from surface water or groundwater,
10including the taking of surface water or groundwater for the purpose of bottling the
11water.
SB523-SSA1,88,1712 (zm) "Without adequate supplies of potable water" means lacking a water
13supply that is economically and environmentally sustainable in the long term to
14meet reasonable demands for a water supply in the quantity and quality that
15complies with applicable drinking water standards, is protective of public health, is
16available at a reasonable cost, and does not have adverse environmental impacts
17greater than those likely to result from the proposed new or increased diversion.
SB523-SSA1,88,19 18(1m) Applicability. This section does not apply before the compact's effective
19date.
SB523-SSA1,88,23 20(2) Determinations concerning applicability of requirements. (a) Use of
21surface water divide.
For the purposes of this section, the surface water divide is used
22to determine whether a withdrawal or transfer of surface water or groundwater is
23from the Great Lakes basin.
SB523-SSA1,89,224 (b) Diversions and withdrawals from more than one source. For the purposes
25of this section, the diversion or withdrawal of water from more than one source

1within the Great Lakes basin to supply a single facility or public water supply system
2is considered one diversion or withdrawal.
SB523-SSA1,89,43 (c) Water loss. The department shall promulgate rules for determining the
4amount of water loss from consumptive uses.
SB523-SSA1,89,75 (d) County boundaries. For the purposes of sub. (1) (d) and (t), a county's
6boundaries as of December 13, 2005, shall be used to determine whether a county lies
7partly within the Great Lakes basin.
SB523-SSA1,89,138 (e) Baseline. 1. The baseline for a withdrawal that is covered by a general
9permit issued under s. 281.344 (4s) on the compact's effective date is the withdrawal
10amount specified for the withdrawal in the database under s. 281.344 (4s) (i) on the
11compact's effective date. The baseline for a withdrawal for which the department has
12issued an individual permit under s. 281.344 (5) before the compact's effective date
13is the withdrawal amount specified in the permit on the compact's effective date.
SB523-SSA1,89,1614 2. The baseline water loss for a consumptive use for which the department has
15specified an authorized base level of water loss under s. 281.35 (6) (a) 2. is the amount
16of that authorized base level on the compact's effective date.
SB523-SSA1,89,1917 4. The baseline volume for a diversion for which the department has issued an
18approval under s. 281.344 (3m) or (4) before the compact's effective date is the
19interbasin transfer amount specified in the approval on the compact's effective date.
SB523-SSA1,89,2220 6. The department shall provide a list of the baseline volumes determined
21under this paragraph to the Great Lakes council and the regional body no later than
2212 months after the compact's effective date.
SB523-SSA1,90,223 (em) Change of ownership. Regional review or Great Lakes council approval
24is not required when there is a change of ownership of a water supply system that
25withdraws, diverts, or consumptively uses waters of the Great Lakes basin unless

1the new owner proposes a change that is otherwise subject to regional review or
2Great Lakes council approval.
SB523-SSA1,90,43 (f) Hydrologic units. The Lake Michigan and Lake Huron watershed shall be
4considered to be a single hydrologic unit and watershed.
SB523-SSA1,90,75 (g) Public trust doctrine. Nothing in this section or s. 281.343 may be
6interpreted to change the application of the public trust doctrine under article IX,
7section 1, of the Wisconsin Constitution.
SB523-SSA1,90,14 8(3) Statewide registration and reporting. (a) Any person who proposes to
9begin a withdrawal from the waters of the state using a water supply system that will
10have the capacity to withdraw an average of 100,000 gallons per day or more in any
1130-day period, to increase the capacity of a water supply system so that it will have
12the capacity to withdraw an average of 100,000 gallons per day or more in any 30-day
13period, or to begin a diversion shall register the withdrawal or diversion with the
14department.
SB523-SSA1,90,1615 (b) A person to whom par. (a) applies shall register on a form prescribed by the
16department and provide all of the following information:
SB523-SSA1,90,1717 1. The name and address of the registrant and the date of registration.
SB523-SSA1,90,1818 2. The locations and sources of the withdrawal or diversion.
SB523-SSA1,90,2019 3. The daily capacity of the withdrawal or diversion and the daily capacity to
20withdraw or divert from each source.
SB523-SSA1,90,2221 4. An estimate of the volume of the withdrawal or diversion in terms of gallons
22per day average in any 30-day period.
SB523-SSA1,90,2323 5. The uses made of the water.
SB523-SSA1,90,2424 6. The places at which the water is used.
SB523-SSA1,90,2525 7. The places at which any of the water is discharged.
SB523-SSA1,91,1
18. Whether the water use is continuous or intermittent.
SB523-SSA1,91,22 9. Whether the person holds a permit under s. 283.31.
SB523-SSA1,91,33 10. Other information required by the department by rule.
SB523-SSA1,91,54 (c) The department shall maintain a registry containing the information
5provided under par. (b) and s. 281.344 (3) (b).
SB523-SSA1,91,86 (cm) The department may consider domestic security concerns when
7determining whether information regarding locations of withdrawals and diversions
8contained in the registry under par. (c) may be released to the public.
SB523-SSA1,91,159 (e) 1. Each person who makes a withdrawal from the waters of the state that
10averages 100,000 gallons per day or more in any 30-day period or diverts any amount
11and who has registered the withdrawal or diversion under par. (a) or s. 281.344 (3)
12(a) shall annually report to the department the monthly volumes of withdrawal,
13whether the person withdraws at least 1,000,000 gallons per day for 30 consecutive
14days, and, if applicable, the volumes of diversion and, subject to par. (em), water loss
15from consumptive use.
SB523-SSA1,91,1916 2. In addition to the information required under subd. 1., the department may,
17by rule, create different reporting frequencies or require additional information from
18a person who registers a withdrawal, or diversion under par. (a) or s. 281.344 (3) (a)
19based upon the type or category of water use.
SB523-SSA1,91,2420 (em) If a person to whom par. (e) 1. applies provides any of the water that the
21person withdraws to a public water supply system, the person who operates the
22public water supply system, rather than the person who withdraws the water, shall
23annually report to the department the volume of water loss from the consumptive use
24of the water provided to the public water supply system.
SB523-SSA1,92,2
1(f) The department may require additional information under par. (b) 10. or (e)
22. only if the information is related to the purposes of the compact.
SB523-SSA1,92,8 3(4) Diversions. (a) Prohibition. Beginning on the compact's effective date, no
4person may begin a diversion, except as authorized under par. (c), (d), or (e) or an
5approval issued under s. 281.344 (4), and no person may increase the amount of a
6diversion over the diversion amount specified in an approval under this subsection
7or over the interbasin transfer amount specified in an approval issued under s.
8281.344 (3m) or (4), except as authorized under par. (c), (d), or (e).
SB523-SSA1,92,119 (b) Application. 1. A person who proposes to begin a diversion or to increase
10the amount of a diversion under par. (c), (d), or (e) shall apply to the department for
11approval.
SB523-SSA1,92,1412 2. A person may apply under subd. 1. for approval of a new or increased
13diversion under par. (c) or (e) only if the person operates a public water supply system
14that receives or would receive water from the new or increased diversion.
SB523-SSA1,92,1615 3. Operators of 2 or more public water supply systems may submit a joint
16application under subd. 1. for a new or increased diversion under par. (c) or (e).
SB523-SSA1,92,2017 4. A person who applies under subd. 1. shall provide information about the
18potential impacts of the diversion on the waters of the Great Lakes basin and water
19dependent natural resources and any other information required by the department
20by rule.
SB523-SSA1,92,2421 4m. If a person who applies under subd. 1. will not directly withdraw the water
22proposed to be diverted, the person shall identify the entity that will withdraw the
23water and provide evidence of support from that entity in the form of a letter or
24resolution.
SB523-SSA1,93,4
14p. If the person who applies under subd. 1. will not directly return the water
2to the Great Lakes basin, the person shall identify the entity that will return the
3water and provide evidence of support from that entity in the form of a letter or
4resolution.
SB523-SSA1,93,135 4s. If the proposal for which a person applies under subd. 1. is subject to the
6exception standard under par. (f), the person shall provide documentation of how the
7physical, chemical, and biological integrity of the receiving water under par. (f) 3. will
8be protected and sustained as required under ss. 30.12, 281.15, and 283.31,
9considering the state of the receiving water before the proposal is implemented and
10considering potential adverse impacts due to changes in temperature and nutrient
11loadings. If the receiving water is a surface water body that is tributary to one of the
12Great Lakes, the person shall include a description of the flow of the receiving water
13before the proposal is implemented, considering both low and high flow conditions.
SB523-SSA1,93,1714 5. If the proposal for which a person applies under subd. 1. is subject to the
15exception standard under par. (f), the person shall provide an assessment of the
16individual impacts of the proposal for the purposes of par. (f) 5. The person may also
17include a cumulative impact assessment.
SB523-SSA1,93,1918 (bg) Determinations. 1. The department shall determine whether a proposal
19under par. (b) is subject to par. (c) or (e) as follows:
SB523-SSA1,93,2220 a. If the proposal is to provide a public water supply within a single city, village,
21or town, the proposal is subject to par. (c) or (e) based on the boundaries of that city,
22village, or town.
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