LRBa1595/1
RCT:kjf:nwn
2007 - 2008 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 523
March 6, 2008 - Offered by Senator Miller.
SB523-SSA1-SA1,1,11 At the locations indicated, amend the substitute amendment as follows:
SB523-SSA1-SA1,1,3 21. Page 71, line 9: delete the material beginning with "or if" and ending with
3"state" on line 11.
SB523-SSA1-SA1,1,4 42. Page 82, line 8: delete "inadvertently".
SB523-SSA1-SA1,1,6 53. Page 104, line 13: delete the material beginning with "or if" and ending with
6"state" on line 15.
SB523-SSA1-SA1,1,7 74. Page 107, line 9: delete lines 9 to 11 and substitute:
SB523-SSA1-SA1,1,11 8"2. Provisions for estimating and, if necessary, monitoring substantial
9increases in water loss resulting from increases in withdrawal amounts during the
10term of a permit and reporting the results of the estimating and monitoring, as
11provided in rules promulgated by the department.".
SB523-SSA1-SA1,1,12 125. Page 107, line 18: after that line insert:
SB523-SSA1-SA1,2,3
1"5m. If a decision-making standard under sub. (5m) or (6) applies to the
2withdrawal, any limit on the amount of the withdrawal necessary to ensure
3compliance with the decision-making standard.".
SB523-SSA1-SA1,2,5 46. Page 118, line 18: after "proposal" insert "or until 90 days after the
5department submits the proposal for regional review, whichever is sooner".
SB523-SSA1-SA1,2,6 67. Page 132, line 20: delete "inadvertently".
SB523-SSA1-SA1,2,10 78. Page 132, line 22: after "(i)" insert ", unless the amount by which the
8withdrawal exceeds the withdrawal amount would result in the application of the
9state decision-making standard under sub. (5m) or the compact decision-making
10standard under sub. (6)".
SB523-SSA1-SA1,2,11 119. Page 136, line 3: delete "maximize the use of" and substitute "utilize".
SB523-SSA1-SA1,2,12 1210. Page 136, line 18: delete "maximize the use of" and substitute "utilize".
SB523-SSA1-SA1,2,13 1311. Page 138, line 10: after that line insert:
SB523-SSA1-SA1,2,14 14" Section 14m. 281.35 (1) (cm) of the statutes is created to read:
SB523-SSA1-SA1,2,1815 281.35 (1) (cm) "Facility" means an operating plant or establishment providing
16electricity to the public or carrying on any manufacturing activity, trade, or business
17on one site, including similar plants or establishments under common ownership or
18control located on contiguous properties.".
SB523-SSA1-SA1,2,19 1912. Page 138, line 12: delete that line and substitute:
SB523-SSA1-SA1,2,21 20" Section 16b. 281.35 (2) (b) of the statutes is renumbered 281.35 (2) and
21amended to read:
SB523-SSA1-SA1,3,222 281.35 (2) In calculating the total amount of an existing or proposed water loss
23for purposes of determining the applicability of sub. (4), a person shall include all
24separate interbasin diversions and consumptive uses, or combinations thereof,

1which the person makes or proposes to make for a single use or for related uses to
2supply a single facility or public water supply system
.".
SB523-SSA1-SA1,3,3 313. Page 144, line 2: after that line insert:
SB523-SSA1-SA1,3,4 4" Section 38m. Nonstatutory provisions.
SB523-SSA1-SA1,3,19 5(1) Approval of certain applications. The department of natural resources
6shall determine whether to grant an approval under section 281.344 (4) (c) or (e) of
7the statutes, as created by this act, of an application under section 281.344 (4) (b) 1.
8of the statutes, as created by this act, that is submitted before the department
9promulgates the rules required under s. 281.344 (4) (g), as created by this act, or July
101, 2010, whichever is earlier, through the water supply service area planning process
11under s. 281.348 of the statutes, as created by this act, considering the items in
12section 281.344 (4) (c) 1., 2., and 3., (e) 1. a. to e., and (f) 1. to 6. of the statutes, as
13created by this act, that apply to the proposal for which the application is made as
14factors in the cost-effectiveness analysis under section 281.348 (3) (d) 1. of the
15statutes, as created by this act, notwithstanding the requirements in section 281.344
16(4) (c) (intro.) or (e) (intro.) of the statutes, as created by this act, and section 281.344
17(4) (f) (intro.) of the statutes, as created by this act, that all of the items following
18those introductory provisions must apply to the proposal for which the application
19is made.".
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