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.
SB523-SSA1,94,223 b. If the proposal is to provide a public water supply within more than one city,
24village, or town, any portion of the proposal that provides a public water supply
25within a straddling community is subject to par. (c) and any portion of the proposal

1that provides a public water supply within a community within a straddling county
2is subject to par. (e).
SB523-SSA1,94,83 2. For the purposes of applying the requirements in pars. (c), (e), and (f) to a
4proposal under par. (b), the department shall use, as appropriate, the current or
5planned service area of the public water supply system receiving water under the
6proposal. The planned service area is the service area of the system at the end of any
7planning period authorized by the department in the approved water supply service
8area plan under s. 281.348 that covers the public water supply system.
SB523-SSA1,94,139 (c) Straddling communities. The department may approve a proposal under
10par. (b) to begin a diversion, or to increase the amount of a diversion, to an area within
11a straddling community but outside the Great Lakes basin or outside the source
12watershed if the water diverted will be used solely for public water supply purposes
13in the straddling community and all of the following apply:
SB523-SSA1,94,1614 1. An amount of water equal to the amount of water withdrawn from the Great
15Lakes basin, less an allowance for consumptive use, will be returned to the source
16watershed.
SB523-SSA1,94,1817 2. No surface water or groundwater from outside the source watershed will be
18returned to the source watershed unless all of the following apply:
SB523-SSA1,94,2019 a. The returned water will be from a water supply or wastewater treatment
20system that combines water from inside and outside the Great Lakes basin.
SB523-SSA1,94,2321 b. The returned water will be treated to meet applicable permit requirements
22under s. 283.31 and to prevent the introduction of invasive species into the Great
23Lakes basin.
SB523-SSA1,95,224 c. The proposal maximizes the amount of water withdrawn from the Great
25Lakes basin that will be returned to the source watershed and minimizes the amount

1of water from outside the Great Lakes basin that will be returned to the source
2watershed.
SB523-SSA1,95,43 2m. The proposal is consistent with an approved water supply service area plan
4under s. 281.348 that covers the public water supply system.
SB523-SSA1,95,75 3. If the proposal would result from a new withdrawal or an increase in a
6withdrawal that would average 100,000 gallons or more per day in any 90-day
7period, the proposal meets the exception standard under par. (f).
SB523-SSA1,95,108 4. If the proposal would result in a new water loss or an increase in a water loss
9from consumptive use that would average 5,000,000 gallons or more per day in any
1090-day period, all of the following apply:
SB523-SSA1,95,1111 a. The department conducts a technical review.
SB523-SSA1,95,1312 b. The department notifies the regional body as required in s. 281.343 (4h) (b)
131.
SB523-SSA1,95,1414 c. The proposal undergoes regional review.
SB523-SSA1,95,1615 d. The department considers the regional declaration of finding in determining
16whether to approve the proposal.
SB523-SSA1,95,2417 (d) Intrabasin transfer. 1. The department may approve a proposal under par.
18(b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par.
19(c) does not apply that would average less than 100,000 gallons per day in every
2090-day period, if the proposal meets the applicable requirements under s. 30.18,
21281.34, or 281.41 or, if those sections do not apply, any requirements specified by the
22department by rule and, if the water will be used for public water supply purposes,
23the proposal is consistent with an approved water supply service area plan under s.
24281.348 that covers the public water supply system.
SB523-SSA1,96,5
12. The department may approve a proposal under par. (b) for a new intrabasin
2transfer or an increase in an intrabasin transfer to which par. (c) does not apply that
3would average more than 100,000 gallons per day in any 90-day period with a new
4water loss or an increase in water loss that would average less than 5,000,000 gallons
5per day in every 90-day period, if all of the following apply:
SB523-SSA1,96,86 a. The proposal meets the exception standard under par. (f), except that the
7water may be returned to a watershed within the Great Lakes basin other than the
8source watershed and par. (f) 3m. does not apply.
SB523-SSA1,96,129 b. The applicant demonstrates that there is no feasible, cost-effective, and
10environmentally sound water supply alternative within the watershed to which the
11water will be transferred, including conservation of existing water supplies as
12determined under par. (g).
SB523-SSA1,96,1513 c. If the water will be used for public water supply purposes, the proposal is
14consistent with an approved water supply service area plan under s. 281.348 that
15covers the public water supply system.
SB523-SSA1,96,1616 d. The department provides notice of the proposal to the other parties.
SB523-SSA1,96,2017 3. The department may approve a proposal under par. (b) for a new intrabasin
18transfer or an increase in an intrabasin transfer to which par. (c) does not apply with
19a new water loss or an increase in water loss that would average 5,000,000 gallons
20per day or more in any 90-day period, if all of the following apply:
SB523-SSA1,96,2121 a. The proposal meets the exception standard under par. (f).
SB523-SSA1,96,2522 b. The applicant demonstrates that there is no feasible, cost-effective, and
23environmentally sound water supply alternative within the watershed to which the
24water will be transferred, including conservation of existing water supplies as
25determined under par. (g).
SB523-SSA1,97,3
1c. If the water will be used for public water supply purposes, the proposal is
2consistent with an approved water supply service area plan under s. 281.348 that
3covers the public water supply system.
SB523-SSA1,97,44 d. The department conducts a technical review.
SB523-SSA1,97,65 e. The department notifies the regional body as required in s. 281.343 (4h) (b)
61.
SB523-SSA1,97,77 f. The proposal undergoes regional review.
SB523-SSA1,97,98 g. The department considers the regional declaration of finding in determining
9whether to approve the proposal.
SB523-SSA1,97,1010 h. The proposal is approved by the Great Lakes council.
SB523-SSA1,97,1411 (e) Straddling counties. 1. The department may approve a proposal under par.
12(b) for a new diversion or an increase in a diversion if the water diverted will be used
13solely for public water supply purposes in a community within a straddling county
14and all of the following apply:
SB523-SSA1,97,1515 a. The community is without adequate supplies of potable water.
SB523-SSA1,97,1616 b. The proposal meets the exception standard under par. (f).
SB523-SSA1,97,2017 c. The proposal maximizes the amount of water withdrawn from the Great
18Lakes basin that will be returned to the source watershed and minimizes the amount
19of water from outside the Great Lakes basin that will be returned to the source
20watershed.
SB523-SSA1,97,2321 d. There is no reasonable water supply alternative within the watershed in
22which the community is located, including conservation of existing water supplies
23as determined under par. (g).
SB523-SSA1,98,3
1e. The proposal will not endanger the integrity of the Great Lakes basin
2ecosystem based upon a determination that the proposal will have no significant
3adverse impact on the Great Lakes basin ecosystem.
SB523-SSA1,98,54 em. The proposal is consistent with an approved water supply service area plan
5under s. 281.348 that covers the public water supply system.
SB523-SSA1,98,66 f. The department conducts a technical review.
SB523-SSA1,98,87 g. The department notifies the regional body as required in s. 281.343 (4h) (b)
81.
SB523-SSA1,98,99 h. The proposal undergoes regional review.
SB523-SSA1,98,1110 i. The department considers the regional declaration of finding in determining
11whether to approve the proposal.
SB523-SSA1,98,1212 j. The proposal is approved by the Great Lakes council.
SB523-SSA1,98,1813 2. In determining whether to approve a proposal under this paragraph, the
14department shall give substantive consideration to whether the applicant provides
15sufficient scientifically based evidence that the existing water supply is derived from
16groundwater that is hydrologically interconnected to waters of the Great Lakes
17basin. The department may not use a lack of hydrological connection to the waters
18of the Great Lakes basin as a reason to disapprove a proposal.
SB523-SSA1,98,2019 (f) Exception standard. A proposal meets the exception standard if all of the
20following apply:
SB523-SSA1,98,2321 1. The need for the proposed diversion cannot reasonably be avoided through
22the efficient use and conservation of existing water supplies as determined under
23par. (g).
SB523-SSA1,98,2524 2. The diversion is limited to quantities that are reasonable for the purposes
25for which the diversion is proposed.
SB523-SSA1,99,3
13. An amount of water equal to the amount of water withdrawn from the Great
2Lakes basin will be returned to the source watershed, less an allowance for
3consumptive use.
SB523-SSA1,99,64 3m. The place at which the water is returned to the source watershed is as close
5as practicable to the place at which the water is withdrawn, unless the applicant
6demonstrates that returning the water at that place is one of the following:
SB523-SSA1,99,77 a. Not economically feasible.
SB523-SSA1,99,88 b. Not environmentally sound.
SB523-SSA1,99,99 c. Not in the interest of public health.
SB523-SSA1,99,1110 4. No water from outside the Great Lakes basin will be returned to the source
11watershed unless all of the following apply:
SB523-SSA1,99,1312 a. The returned water is from a water supply or wastewater treatment system
13that combines water from inside and outside the Great Lakes basin.
SB523-SSA1,99,1614 b. The returned water will be treated to meet applicable permit requirements
15under s. 283.31 and to prevent the introduction of invasive species into the Great
16Lakes basin and the department has approved the permit under s. 283.31.
SB523-SSA1,99,2017 c. If the water is returned through a structure on the bed of a navigable water,
18the structure is designed and will be operated to meet the applicable permit
19requirements under s. 30.12 and the department has approved the permit under s.
2030.12.
SB523-SSA1,99,2521 4m. If water will be returned to the source watershed through a stream
22tributary to one of the Great Lakes, the physical, chemical, and biological integrity
23of the receiving water under subd. 3. will be protected and sustained as required
24under ss. 30.12, 281.15, and 283.31, considering the state of the receiving water
25before the proposal is implemented and considering both low and high flow

1conditions and potential adverse impacts due to changes in temperature and
2nutrient loadings.
SB523-SSA1,100,83 5. The diversion will result in no significant adverse individual impacts or
4cumulative impacts to the quantity or quality of the waters of the Great Lakes basin
5or to water dependent natural resources, including cumulative impacts that might
6result due to any precedent-setting aspects of the proposed diversion, based upon a
7determination that the proposed diversion will not have any significant adverse
8impacts on the sustainable management of the waters of the Great Lakes basin.
SB523-SSA1,100,119 6. The applicant commits to implementing the applicable water conservation
10measures under sub. (8) (d) that are environmentally sound and economically
11feasible for the applicant.
SB523-SSA1,100,1412 7. The diversion will be in compliance with all applicable local, state, and
13federal laws and interstate and international agreements, including the Boundary
14Waters Treaty of 1909.
SB523-SSA1,100,2415 (g) Conservation and efficient use of existing water supplies. The department
16shall promulgate rules specifying the requirements for an applicant for a new or
17increased diversion subject to par. (f) to demonstrate the efficient use and
18conservation of existing water supplies for the purposes of pars. (d) 2. b. and 3. b., (e)
191. d., and (f) 1., including requiring the applicant to document the water conservation
20planning and analysis used to identify the water conservation and efficiency
21measures that the applicant determined were feasible, based on an analysis that
22considered direct and avoided economic and environmental costs, and that the
23applicant implemented and requiring the applicant to quantify the amount of water
24conserved through those efficiency and conservation measures.
SB523-SSA1,101,4
1(i) Diversion amount. In an approval issued under this subsection or a
2modification granted under this subsection to increase the amount of a diversion, the
3department shall specify a diversion amount equal to the quantity of water that is
4reasonable for the purposes for which the diversion is proposed.
SB523-SSA1,101,9 5(4m) Water use permits required in the Great Lakes basin. (a) A person may
6not make a withdrawal from the Great Lakes basin that averages 100,000 gallons
7per day or more in any 30-day period unless the withdrawal is covered under a
8general permit issued under sub. (4s) or s. 281.344 (4s) or an individual permit issued
9under sub. (5) or s. 281.344 (5), except as provided in sub. (4s) (bm).
SB523-SSA1,101,15 10(4s) General water use permits for Great Lakes basin. (a) Department to
11issue.
The department shall issue one or more general permits to cover withdrawals
12from the Great Lakes basin that average 100,000 gallons per day or more in any
1330-day period but that do not equal at least 1,000,000 gallons per day for any 30
14consecutive days. The department shall include all of the following in a general
15permit:
SB523-SSA1,101,1616 1. Reference to the database of withdrawal amounts under par. (i).
SB523-SSA1,101,1917 2. Requirements for estimating the amount withdrawn, monitoring the
18withdrawal, if necessary, and reporting the results of the estimating and monitoring,
19as provided in rules promulgated by the department.
SB523-SSA1,101,2120 3. Requirements for water conservation, as provided in rules promulgated by
21the department under sub. (8) (d).
SB523-SSA1,101,2322 (am) Term of general permit. The term of a general permit issued under par.
23(a) is 10 years.
SB523-SSA1,102,524 (b) General requirement. A person who does not hold an individual permit
25under sub. (5) may not make a withdrawal that averages 100,000 gallons per day or

1more in any 30-day period, but that does not equal at least 1,000,000 gallons per day
2for any 30 consecutive days, unless the withdrawal is covered under a general permit
3issued under this subsection or s. 281.344 (4s), except as provided in par. (bm). A
4person to whom the department has issued a notice of coverage under a general
5permit shall comply with the general permit.
SB523-SSA1,102,86 (bm) Waiver. The department may waive the requirement to obtain coverage
7under a general permit for a person making a withdrawal that is covered by a permit
8under s. 30.18 (2) (a).
SB523-SSA1,102,179 (d) Coverage under general permit for new or increased withdrawals. 1. A
10person who proposes to begin a withdrawal from the Great Lakes basin that will
11average 100,000 gallons per day or more in any 30-day period, or to increase an
12existing withdrawal so that it will average 100,000 gallons per day or more in any
1330-day period, but who does not propose to withdraw at least 1,000,000 gallons per
14day for any 30 consecutive days, shall apply to the department for coverage under
15a general permit, unless the person applies for an individual permit under sub. (5).
16In the application, the person shall provide the information required by the
17department by rule.
SB523-SSA1,102,2218 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-SSA1,103,323 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-SSA1,103,94 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-SSA1,103,1110 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-SSA1,103,1512 3e. If water is withdrawn through more than one water supply system to serve
13a facility, the department shall determine the smallest amount 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-SSA1,103,1916 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
18serves a population of more than 10,000 unless the withdrawal is covered by an
19approved water supply service area plan under s. 281.348.
SB523-SSA1,103,2320 b. The department may not approve an application under subd. 1. for a
21withdrawal for the purpose of providing water to a public water supply system that
22is covered by an approved water supply service area plan under s. 281.348, unless
23the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,104,424 c. If the department approves an application under subd. 1. for a withdrawal
25for the purpose of providing water to a public water supply system that is covered by

1an approved water supply service area plan under s. 281.348, the department shall
2issue a notice of coverage. In the notice of coverage the department shall specify a
3withdrawal amount that is equal to the withdrawal amount in the water supply
4service area plan.
SB523-SSA1,104,75 4. If the department determines that a withdrawal does not qualify for coverage
6under a general permit, the department shall notify the applicant in writing of the
7reason for that determination.
SB523-SSA1,104,158 (dm) Requiring individual permit. The department may require a person who
9is making or proposes to make a withdrawal that averages 100,000 gallons per day
10or more in any 30-day period, but that does not equal at least 1,000,000 gallons per
11day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the
12withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1)
13(a), or a groundwater management area designated under s. 281.34 (9) or if coverage
14under an individual permit is necessary to protect public health or safety or to ensure
15the conservation and proper management of the waters of the state.
SB523-SSA1,104,2116 (e) Increase in withdrawal amount. 1. If a person making a withdrawal that
17is covered under a general permit issued under this subsection or s. 281.344 (4s)
18proposes to increase the amount of the withdrawal over the withdrawal amount
19specified in the database under par. (i) for the withdrawal, but does not propose to
20withdraw at least 1,000,000 gallons per day for any 30 consecutive days, the person
21shall apply to the department for a modification of the withdrawal amount.
SB523-SSA1,105,222 3. Except as provided in subd. 3m., if the department has issued any approvals
23that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or
24281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount

1to an amount that is, except as provided in subd. 3e., equal to the smallest of the
2following amounts:
SB523-SSA1,105,83 a. The maximum hydraulic capacity of the most restrictive component of the
4water supply system used for the withdrawal for which the person has approval
5under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
6under one of those provisions is not required for the most restrictive component of
7the water supply system, the maximum hydraulic capacity of the most restrictive
8component that the person proposes to use in the water supply system.
SB523-SSA1,105,109 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
10stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,105,1411 3e. If water is withdrawn through more than one water supply system to serve
12a facility, the department shall determine the smallest amount under subd. 3. a. or
13b. for each of the water supply systems and shall specify a withdrawal amount that
14is equal to the sum of the amounts determined for each of the water supply systems.
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