AP8 SB1: Bill Text

1. The amount of the withdrawal is needed to meet the projected needs of the persons who will use the water.

2. Cost-effective conservation practices will be implemented to ensure efficient use of the water.

3. One of the following applies:

a. The withdrawal will cause no significant adverse environmental impacts to the waters of the state.

b. If the withdrawal is from a surface water body, the withdrawal will not result in the violation of water quality standards or impair fish populations.

c. DNR has issued an approval for the withdrawal under laws related to high capacity wells, the withdrawal of water from streams, or the placement of structures in navigable waters.

Compact decision-making standard

What the bill calls the compact decision-making standard is very similar to the decision-making standard in the compact itself. A proposal meets the compact decision-making standard if it satisfies several criteria, including the following:

1. The withdrawal will not result in significant adverse impacts to the quantity or quality of the waters of the Great Lakes basin, to related natural resources, or, if the withdrawal is from a stream tributary to one of the Great Lakes, to the watershed of that stream.

2. Environmentally sound and economically feasible water conservation measures will be used in implementing the withdrawal.

3. The proposed use of the water is reasonable, based on a consideration of factors specified in the bill.

Statewide water conservation

The requirement for a statewide water conservation and efficiency program continues to apply after the compact takes effect. The bill requires DNR to specify water conservation and efficiency goals and objectives for the waters of the Great Lakes basin that are consistent with the goals in the compact and the objectives specified by the council. By two years after the compact's effective date, DNR must implement a water conservation and efficiency program, for all users of waters of the Great Lakes basin, that is designed to achieve those goals and objectives.

Legislative oversight

The bill authorizes the governor to designate the secretary of natural resources to be the governor's alternate on the council in the governor's absence. Any designee other than the secretary is subject to senate confirmation.

Under the bill, before voting on a regulation of the council for the implementation or enforcement of the compact, or on a regulation that amends the exception standard or the compact's decision-making standard, other than a regulation that deals solely with the internal management of the council, the governor must submit a report describing his or her proposed vote on the proposed regulation to the joint committee on legislative organization. The bill provides for passive review of the report. If the committee meets and takes action on the report within the periods provided in the bill, the governor may only vote on the proposed regulation in accordance with the position taken by the committee by majority vote.

Public participation

The bill includes procedures that provide for public participation in the review of proposals for diversions, proposals for withdrawals for which individual permits are required, for proposed general permits, and for proposed water supply plans. The bill also requires consultation with a federally recognized American Indian tribe concerning a proposal for which council approval or regional review is required if the proposal may affect the tribe.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1, s. 1 Section 1. 14.95 of the statutes is created to read:

SB1,18,6 14.95 Great Lakes—St. Lawrence River Basin Water Resources Council. (1) There is created a Great Lakes—St. Lawrence River Basin Water Resources Council as specified in s. 281.343 (2) (a). The governor may take such actions as are necessary for the initial organization and operation of the Great Lakes—St. Lawrence River Basin Water Resources Council.

SB1,18,15 (2) The governor shall serve as this state's representative on the Great Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may designate the secretary of natural resources as the governor's alternate to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and to vote at all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council in the absence of the governor. Any designee other than the secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

SB1,19,6 (3) In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may appoint an advisor to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and its committees. The governor's advisor may not vote at meetings of the council. If the governor appoints an advisor, the governor shall appoint an individual with knowledge of and experience with Great Lakes water management issues.

SB1,19,10 (3m) (a) In this subsection, "standard of review and decision" means the exception standard under s. 281.343 (4n) (d), the decision-making standard under s. 281.343 (4r), and reviews under s. 281.343 (4) to (4z) that do not deal solely with the internal management of the council.

SB1,20,10 (b) Before voting on a rule or regulation under s. 281.343 (3) (c) 1., or on a regulation under s. 281.343 (3) (a) 2. that amends the standard of review and decision, other than a rule or regulation that deals solely with the internal management of the council or its property, the governor or his or her alternate shall submit a report describing the governor's or alternate's proposed vote on the proposed rule or regulation to the joint committee on legislative organization. The governor or his or her alternate may not vote on the rule or regulation before the 30th day after the date of submission. If the cochairpersons of the committee do not notify the governor or his or her alternate within 30 days after the date of the submission that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the governor or his or her alternate may vote on the proposed rule or regulation in accordance with the report. If, within 30 days after the date of the submission by the governor or his or her alternate, the cochairpersons of the committee notify the governor or his or her alternate that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation, the governor or his or her alternate may not vote on the proposed rule or regulation before the 60th day after the date of submission. If, within 60 days after the date of submission, the committee does not take action on the report, the governor or his or her alternate may vote on the proposed rule or regulation in accordance with the report. If, within 30 days after the date of submission, the cochairpersons notify the governor or his or her alternate that the committee has scheduled a meeting for the purpose of reviewing the proposed rule or regulation and, within 60 days after the date of submission, the committee takes action on the proposed rule or regulation, the governor or his or her alternate may only vote on the proposed rule or regulation in accordance with the position expressed by majority vote of the committee.

SB1, s. 2 Section 2. 30.18 (title) and (2) of the statutes are amended to read:

SB1,20,15 30.18 (title) Diversion Withdrawal of water from lakes and streams. (2) Permit required. (a) Streams. No person may divert withdraw water from a stream in this state without an individual permit under this section if the diversion withdrawal meets either of the following conditions:

SB1,20,19 1. The diversion withdrawal is for the purpose of maintaining or restoring the normal level of a navigable lake or the normal flow of a navigable stream, regardless of whether the navigable lake or navigable stream is located within the watershed of the stream from which the water is diverted withdrawn.

SB1,20,20 2. The diversion withdrawal is for the purpose of agriculture or irrigation.

SB1,20,25 (b) Streams or lakes. No person, except a person required to obtain an approval under s. 281.41, may divert withdraw water from any lake or stream in this state without an individual permit under this section if the diversion withdrawal will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.

SB1, s. 3 Section 3. 30.18 (3) (a) 1. to 3. of the statutes are amended to read:

SB1,21,15 30.18 (3) (a) 1. Except as provided in par. (b), an applicant for a permit required under sub. (2) (a) shall file the application with the department setting forth the name and post-office address of the applicant, the name of the stream from which the water will be diverted withdrawn, the point in the stream from which it is proposed to divert withdraw the water, the name of the lake or stream or the location and riparian status of the land to which the water is to be diverted transferred, the location and description of the canal, tunnel or pipes and other works through which the water is to be diverted withdrawn and transferred, the amount of water to be diverted withdrawn, the periods of time when it is proposed to divert withdraw such water, the time required for the completion of the canal and other structures necessary for the completed project and, if required by the department, 4 copies of plans showing cross sections and profiles for any canal, tunnel, pipes or other diversion works for withdrawing and transferring the water and any dam and control works at the point of diversion withdrawal and at the point of discharge.

SB1,21,20 2. For a diversion withdrawal under sub. (2) (a) 1., a map or maps shall accompany the application with a scale of not less than one inch per 2,000 feet, showing the land topography and the probable course of the proposed diversion canal and other works, and the ownership of all lands upon which will be located the canal, tunnel, pipes and all other works for the completed project.

SB1,21,23 3. For a diversion withdrawal under sub. (2) (a) 2., the application shall include written statements of consent to the diversion withdrawal from all riparian owners who are making beneficial use of the water proposed to be diverted withdrawn.

SB1, s. 4 Section 4. 30.18 (3) (b) of the statutes is amended to read:

SB1,22,4 30.18 (3) (b) Application; streams or lakes. An application for a permit required under sub. (2) (b) shall be submitted in the form required under s. 281.35 (5) (a). If the diversion withdrawal also meets either condition specified under sub. (2) (a), the application shall also comply with par. (a).

SB1, s. 5 Section 5. 30.18 (4) (a) of the statutes is amended to read:

SB1,22,13 30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5). In addition to providing notice as required under s. 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

SB1, s. 6 Section 6. 30.18 (5) (a) 1. and 2. of the statutes are amended to read:

SB1,22,16 30.18 (5) (a) 1. That the proposed diversion withdrawal will not injure any public rights in navigable waters.

SB1,22,19 2. That the water to be diverted withdrawn is surplus water, or if it is not surplus water, that all riparians who may be adversely affected by the diversion withdrawal have consented to the proposed diversion withdrawal.

SB1, s. 7 Section 7. 30.18 (6) (a) of the statutes is amended to read:

SB1,22,24 30.18 (6) (a) Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted withdrawn and the times during which water may be diverted withdrawn. In addition, if the permit is one which is required under sub. (2) (b), the permit shall comply with s. 281.35 (6).

SB1, s. 8 Section 8. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

SB1,23,4 30.18 (6m) (a) 1. That the water being diverted withdrawn is no longer surplus water, except that the department may allow the diversion withdrawal to continue if all riparians adversely affected by the diversion withdrawal continue to consent to it.

SB1,23,6 2. If the diversion withdrawal is from a stream designated by the department as a trout stream, that the revocation is desirable for conservation purposes.

SB1, s. 9 Section 9. 30.18 (6m) (b) of the statutes is amended to read:

SB1,23,10 30.18 (6m) (b) The department may revoke any permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it finds that the diversion withdrawal is detrimental to the stream from which the water is diverted withdrawn.

SB1, s. 10 Section 10. 30.18 (7) of the statutes is amended to read:

SB1,23,23 30.18 (7) Prerequisites to project construction. After an application under this section has been filed with the department, the applicant may enter any land through which it is proposed to divert withdraw or transfer the water for the purposes of making any surveys required for drafting the plans for the project, but no work shall be commenced on the canal, headworks or other structures necessary for the project until the plans for the same have been approved by the department. Any person having received a permit required under sub. (2) (a) may construct upon the land of another the canal and other works authorized by the permit after the damage which will be sustained by the owner or owners of such land has been satisfied, or has been determined as provided for in ch. 32, and after the final sum so determined and all costs have been paid to the persons entitled thereto or to the clerk of the circuit court on their account.

SB1, s. 11 Section 11. 30.208 (3m) of the statutes is created to read:

SB1,24,7 30.208 (3m) Notice to downstream communities. When the department receives an application for an individual permit under s. 30.12 for a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the application to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB1, s. 12 Section 12. 196.49 (2) of the statutes is amended to read:

SB1,24,24 196.49 (2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with s. 281.35, if applicable. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

SB1, s. 13 Section 13. 196.98 of the statutes is repealed.

SB1, s. 14 Section 14. 281.34 (5) (dm) of the statutes is created to read:

SB1,25,5 281.34 (5) (dm) Water supply service area plan. If a proposed high capacity well is covered by an approved water supply service area plan under s. 281.348, the department may not approve the high capacity well unless it is consistent with that plan.

SB1, s. 15 Section 15. 281.34 (5) (e) 1. of the statutes is amended to read:

SB1,25,9 281.34 (5) (e) 1. If s. 281.35 (4) applies to a proposed high capacity well, the department shall include in the approval conditions that ensure that the high capacity well complies with s. 281.35 (4) to (6).

SB1, s. 16 Section 16. 281.343 of the statutes is created to read:

SB1,25,16 281.343 Great Lakes—St. Lawrence River Basin Water Resources Compact. (1) Legislative determination. The legislature determines that it is in the interests of this state to ratify the Great Lakes—St. Lawrence River Basin Water Resources Compact. Nothing in this section may be interpreted to change the application of the public trust doctrine under article IX, section 1, of the Wisconsin Constitution or to create any new public trust rights.

SB1,25,19 (1b) Ratification. The Great Lakes—St. Lawrence River Basin Water Resources Compact, contained in subs. (1e) to (9), is ratified and approved, as implemented and interpreted in ss. 14.95, 281.346, and 281.348.

SB1,25,20 (1e) Definitions. In this section, except as otherwise required by the context:

SB1,25,25 (a) "Adaptive management" means a water resources management system that provides a systematic process for evaluation, monitoring, and learning from the outcomes of operational programs and adjustment of policies, plans, and programs based on experience and the evolution of scientific knowledge concerning water resources and water dependent natural resources.

SB1,26,2 (am) "Agreement" means the Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement.

SB1,26,5 (b) "Applicant" means a person who is required to submit a proposal that is subject to management and regulation under this compact. "Application" has a corresponding meaning.

SB1,26,8 (c) "Basin" or "Great Lakes—St. Lawrence River Basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec within the jurisdiction of the parties.

SB1,26,11 (cm) "Basin ecosystem" or "Great Lakes—St. Lawrence River Basin ecosystem" means the interacting components of air, land, water, and living organisms, including humankind, within the basin.

SB1,26,14 (d) "Community within a straddling county" means any incorporated city, town, or the equivalent thereof, that is located outside the basin but wholly within a county that lies partly within the basin and that is not a straddling community.

SB1,26,15 (dm) "Compact" means this compact.

SB1,26,18 (e) "Consumptive use" means that portion of the water withdrawn or withheld from the basin that is lost or otherwise not returned to the basin due to evaporation, incorporation into products, or other processes.

SB1,26,20 (em) "Council" means the Great Lakes—St. Lawrence River Basin Water Resources Council, created by this compact.

SB1,26,22 (f) "Council review" means the collective review by the council members as described in subs. (4) to (4z).

SB1,26,25 (fm) "County" means the largest territorial division for local government in a state. The county boundaries shall be defined as those boundaries that exist as of December 13, 2005.

SB1,27,7 (g) "Cumulative impacts" means the impact on the basin ecosystem that results from incremental effects of all aspects of a withdrawal, diversion, or consumptive use in addition to other past, present, and reasonably foreseeable future withdrawals, diversions, and consumptive uses regardless of who undertakes the other withdrawals, diversions, and consumptive uses. Cumulative impacts can result from individually minor but collectively significant withdrawals, diversions, and consumptive uses taking place over a period of time.

SB1,27,10 (gm) "Decision-making standard" means the decision-making standard established by sub. (4r) for proposals subject to management and regulation in sub. (4p).

SB1,27,17 (h) "Diversion" means a transfer of water from the basin into another watershed, or from the watershed of one of the Great Lakes into that of another by any means of transfer, including but not limited to a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, a tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the basin or watershed. "Divert" has a corresponding meaning.

SB1,28,2 (i) "Environmentally sound and economically feasible water conservation measures" mean those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that are environmentally sound, reflect best practices applicable to the water use sector, are technically feasible and available, are economically feasible and cost-effective based on an analysis that considers direct and avoided economic and environmental costs, and consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts, and other appropriate factors.

SB1,28,4 (im) "Exception" means a transfer of water that is excepted under sub. (4n) from the prohibition against diversions in sub. (4m).

SB1,28,6 (j) "Exception standard" means the standard for exceptions established in sub. (4n) (d).

SB1,28,8 (jm) "Intrabasin transfer" means the transfer of water from the watershed of one of the Great Lakes into the watershed of another Great Lake.

SB1,28,10 (k) "Measures" means any legislation, law, regulation, directive, requirement, guideline, program, policy, administrative practice, or other procedure.

SB1,28,13 (km) "New or increased diversion" means a new diversion, an increase in an existing diversion, or the alteration of an existing withdrawal so that it becomes a diversion.

SB1,28,16 (L) "New or increased withdrawal or consumptive use" means a new withdrawal or consumptive use or an increase in an existing withdrawal or consumptive use.

SB1,28,18 (Lm) "Originating party" means the party within whose jurisdiction an application or registration is made or required.

SB1,28,19 (n) "Party" means a state that is a party to this compact.

SB1,28,23 (nm) "Person" means a human being or a legal person, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with, nor under the direction of a government.

SB1,29,3 (o) 1. "Product" means something produced in the basin by human or mechanical effort or through agricultural processes and used in manufacturing, commercial, or other processes or intended for intermediate or end use consumers.