SB523,101,2424 8. Whether the water use is continuous or intermittent.
SB523,101,2525 9. Whether the person holds a permit under s. 283.31.
SB523,102,1
110. Other information required by the department by rule.
SB523,102,32 (c) The department shall maintain a registry containing the information
3provided under par. (b) and s. 281.344 (3) (b).
SB523,102,64 (cm) The department may consider domestic security concerns when
5determining whether information regarding locations of withdrawals and diversions
6contained in the registry under par. (c) may be released to the public.
SB523,102,137 (e) 1. Each person who makes a withdrawal from the waters of the state that
8averages 100,000 gallons per day or more in any 30-day period or diverts any amount
9and who has registered the withdrawal or diversion under par. (a) or s. 287.344 (3)
10(a) shall annually report to the department the monthly volumes of withdrawal,
11whether the person withdraws at least 1,000,000 gallons per day for 30 consecutive
12days, and, if applicable, the volumes of diversion and, subject to par. (em), water loss
13from consumptive use.
SB523,102,1714 2. In addition to the information required under subd. 1., the department may,
15by rule, create different reporting frequencies or require additional information from
16a person who registers a withdrawal, or diversion under par. (a) or s. 281.344 (3) (a)
17based upon the type or category of water use.
SB523,102,2318 (em) 1. Except as provided in subd. 2., if a person to whom par. (e) 1. applies
19provides any of the water that the person withdraws to a public water supply system,
20the person who operates the public water supply system, rather than the person who
21withdraws the water, shall annually report to the department the volume of water
22loss from the consumptive use of the water provided to the public water supply
23system.
SB523,103,324 2. A person who operates a wastewater treatment system, rather than the
25person who withdraws the water or who operates a public water supply system, shall

1annually report to the department the volume of water loss from a consumptive use
2of water that occurs after the treatment of the wastewater by the person who
3operates the wastewater treatment system.
SB523,103,54 (f) The department may require additional information under par. (b) 10. or (e)
52. only if the information is related to the purposes of the compact.
SB523,103,10 6(4) Diversions. (a) Prohibition. Beginning on the compact's effective date, no
7person may begin a diversion or increase the amount of a diversion over the diversion
8amount specified in an approval under this subsection or over the interbasin transfer
9amount specified in an approval issued under s. 281.344 (3m) or (4), except as
10authorized under par. (c), (d), or (e).
SB523,103,1311 (b) Application. 1. A person who proposes to begin a diversion or to increase
12the amount of a diversion under par. (c), (d), or (e) shall apply to the department for
13approval.
SB523,103,1614 2. A person may apply under subd. 1. for approval of a new or increased
15diversion under par. (c) or (e) only if the person operates a public water supply system
16that receives or would receive water from the new or increased diversion.
SB523,103,1817 3. Operators of 2 or more public water supply systems may submit a joint
18application under subd. 1. for a new or increased diversion under par. (c) or (e).
SB523,103,2219 4. A person who applies under subd. 1. shall provide information about the
20potential impacts of the diversion on the waters of the Great Lakes basin and water
21dependent natural resources and any other information required by the department
22by rule.
SB523,104,223 4m. If a person who applies under subd. 1. will not directly withdraw the water
24proposed to be diverted, the person shall identify the entity that will withdraw the

1water and provide evidence of any agreement necessary to obtain water from that
2entity.
SB523,104,63 4p. If the person who applies under subd. 1. will not directly return the water
4to the Great Lakes basin, the person shall identify the entity that will return the
5water and provide evidence of any agreement necessary to have that entity return
6the water.
SB523,104,147 4s. If the proposal for which a person applies under subd. 1. is subject to the
8exception standard under par. (f), the person shall provide documentation of how the
9physical, chemical, and biological integrity of the receiving water under par. (f) 3. will
10be protected and sustained as required under ss. 30.12, 281.15, and 283.31,
11considering the state of the receiving water before the proposal is implemented. If
12the receiving water is a surface water body that is tributary to one of the Great Lakes,
13the person shall include a description of the flow of the receiving water before the
14proposal is implemented, considering both low and high flow conditions.
SB523,104,1815 5. If the proposal for which a person applies under subd. 1. is subject to the
16exception standard under par. (f), the person shall provide an assessment of the
17individual impacts of the proposal for the purposes of par. (f) 5. The person may also
18include a cumulative impact assessment.
SB523,104,2019 (bg) Determinations. 1. The department shall determine whether a proposal
20under par. (b) is subject to par. (c) or (e) as follows:
SB523,104,2321 a. If the proposal is to provide a public water supply within a single city, village,
22or town, the proposal is subject to par. (c) or (e) based on the boundaries of that city,
23village, or town.
SB523,105,324 b. If the proposal is to provide a public water supply within more than one city,
25village, or town, any portion of the proposal that provides a public water supply

1within a straddling community is subject to par. (c) and any portion of the proposal
2that provides a public water supply within a community within a straddling county
3is subject to par. (e).
SB523,105,94 2. For the purposes of applying the requirements in pars. (c), (e), and (f) to a
5proposal under par. (b), the department shall use, as appropriate, the current or
6planned service area of the public water supply system receiving water under the
7proposal. The planned service area is the service area of the system at the end of any
8planning period authorized by the department in the approved water supply service
9area plan under s. 281.348 that covers the public water supply system.
SB523,105,1410 (c) Straddling communities. The department may approve a proposal under
11par. (b) to begin a diversion, or to increase the amount of a diversion, to an area within
12a straddling community but outside the Great Lakes basin or outside the source
13watershed if the water diverted will be used solely for public water supply purposes
14in the straddling community and all of the following apply:
SB523,105,1715 1. An amount of water equal to the amount of water withdrawn from the Great
16Lakes basin, less an allowance for consumptive use, will be returned to the source
17watershed.
SB523,105,1918 2. No surface water or groundwater from outside the source watershed will be
19returned to the source watershed unless all of the following apply:
SB523,105,2120 a. The returned water will be from a water supply or wastewater treatment
21system that combines water from inside and outside the Great Lakes basin.
SB523,105,2422 b. The returned water will be treated to meet applicable permit requirements
23under s. 283.31 and to prevent the introduction of invasive species into the Great
24Lakes basin.
SB523,106,4
1c. The proposal maximizes the amount of water withdrawn from the Great
2Lakes basin that will be returned to the source watershed and minimizes the amount
3of water from outside the Great Lakes basin that will be returned to the source
4watershed.
SB523,106,65 2m. The proposal is consistent with an approved water supply service area plan
6under s. 281.348 that covers the public water supply system.
SB523,106,97 3. If the proposal would result from a new withdrawal or an increase in a
8withdrawal that would average 100,000 gallons or more per day in any 90-day
9period, the proposal meets the exception standard under par. (f).
SB523,106,1210 4. If the proposal would result in a new water loss or an increase in a water loss
11from consumptive use that would average 5,000,000 gallons or more per day in any
1290-day period, all of the following apply:
SB523,106,1313 a. The department conducts a technical review.
SB523,106,1514 b. The department notifies the regional body as required in s. 281.343 (4h) (b)
151.
SB523,106,1616 c. The proposal undergoes regional review.
SB523,106,1817 d. The department considers the regional declaration of finding in determining
18whether to approve the proposal.
SB523,107,219 (d) Intrabasin transfer. 1. The department may approve a proposal under par.
20(b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par.
21(c) does not apply that would average less than 100,000 gallons per day in every
2290-day period, if the proposal meets the applicable requirements under s. 30.18,
23281.34, or 281.41 or, if those sections do not apply, any requirements specified by the
24department by rule and, if the water will be used for public water supply purposes,

1the proposal is consistent with an approved water supply service area plan under s.
2281.348 that covers the public water supply system.
SB523,107,73 2. The department may approve a proposal under par. (b) for a new intrabasin
4transfer or an increase in an intrabasin transfer to which par. (c) does not apply that
5would average more than 100,000 gallons per day in any 90-day period with a new
6water loss or an increase in water loss that would average less than 5,000,000 gallons
7per day in every 90-day period, if all of the following apply:
SB523,107,108 a. The proposal meets the exception standard under par. (f), except that the
9water may be returned to a watershed within the Great Lakes basin other than the
10source watershed and par. (f) 3m. does not apply.
SB523,107,1411 b. The applicant demonstrates that there is no feasible, cost-effective, and
12environmentally sound water supply alternative within the watershed to which the
13water will be transferred, including conservation of existing water supplies as
14determined under par. (g).
SB523,107,1715 c. If the water will be used for public water supply purposes, the proposal is
16consistent with an approved water supply service area plan under s. 281.348 that
17covers the public water supply system.
SB523,107,1818 d. The department provides notice of the proposal to the other parties.
SB523,107,2219 3. The department may approve a proposal under par. (b) for a new intrabasin
20transfer or an increase in an intrabasin transfer to which par. (c) does not apply with
21a new water loss or an increase in water loss that would average 5,000,000 gallons
22per day or more in any 90-day period, if all of the following apply:
SB523,107,2323 a. The proposal meets the exception standard under par. (f).
SB523,108,224 b. The applicant demonstrates that there is no feasible, cost-effective, and
25environmentally sound water supply alternative within the watershed to which the

1water will be transferred, including conservation of existing water supplies as
2determined under par. (g).
SB523,108,53 c. If the water will be used for public water supply purposes, the proposal is
4consistent with an approved water supply service area plan under s. 281.348 that
5covers the public water supply system.
SB523,108,66 d. The department conducts a technical review.
SB523,108,87 e. The department notifies the regional body as required in s. 281.343 (4h) (b)
81.
SB523,108,99 f. The proposal undergoes regional review.
SB523,108,1110 g. The department considers the regional declaration of finding in determining
11whether to approve the proposal.
SB523,108,1212 h. The proposal is approved by the Great Lakes council.
SB523,108,1613 (e) Straddling counties. 1. The department may approve a proposal under par.
14(b) for a new diversion or an increase in a diversion if the water diverted will be used
15solely for public water supply purposes in a community within a straddling county
16and all of the following apply:
SB523,108,2017 a. The community does not have a water supply that is economically and
18environmentally sustainable in the long term to meet reasonable demands for a
19water supply, based on considerations of public health, economic feasibility, and
20direct and avoided environmental impacts.
SB523,108,2121 b. The proposal meets the exception standard under par. (f).
SB523,108,2522 c. The proposal maximizes the amount of water withdrawn from the Great
23Lakes basin that will be returned to the source watershed and minimizes the amount
24of water from outside the Great Lakes basin that will be returned to the source
25watershed.
SB523,109,3
1d. There is no reasonable water supply alternative within the watershed in
2which the community is located, including conservation of existing water supplies
3as determined under par. (g).
SB523,109,64 e. The proposal will not endanger the integrity of the Great Lakes basin
5ecosystem based upon a determination that the proposal will have no significant
6adverse impact on the Great Lakes basin ecosystem.
SB523,109,87 em. The proposal is consistent with an approved water supply service area plan
8under s. 281.348 that covers the public water supply system.
SB523,109,99 f. The department conducts a technical review.
SB523,109,1110 g. The department notifies the regional body as required in s. 281.343 (4h) (b)
111.
SB523,109,1212 h. The proposal undergoes regional review.
SB523,109,1413 i. The department considers the regional declaration of finding in determining
14whether to approve the proposal.
SB523,109,1515 j. The proposal is approved by the Great Lakes council.
SB523,109,2016 2. In determining whether to approve a proposal under this paragraph, the
17department shall give substantive consideration to whether the applicant provides
18sufficient scientifically based evidence that the existing water supply is derived from
19groundwater that is hydrologically interconnected to waters of the Great Lakes
20basin.
SB523,109,2221 (f) Exception standard. A proposal meets the exception standard if all of the
22following apply:
SB523,109,2523 1. The need for the proposed diversion cannot reasonably be avoided through
24the efficient use and conservation of existing water supplies as determined under
25par. (g).
SB523,110,2
12. The diversion is limited to quantities that are reasonable for the purposes
2for which the diversion is proposed.
SB523,110,53 3. An amount of water equal to the amount of water withdrawn from the Great
4Lakes basin will be returned to the source watershed, less an allowance for
5consumptive use.
SB523,110,86 3m. The place at which the water is returned to the source watershed is as close
7as practicable to the place at which the water is withdrawn, unless the applicant
8demonstrates that returning the water at that place is one of the following:
SB523,110,99 a. Not economically feasible.
SB523,110,1010 b. Not environmentally sound.
SB523,110,1111 c. Not in the interest of public health.
SB523,110,1312 4. No water from outside the Great Lakes basin will be returned to the source
13watershed unless all of the following apply:
SB523,110,1514 a. The returned water is from a water supply or wastewater treatment system
15that combines water from inside and outside the Great Lakes basin.
SB523,110,1816 b. The returned water will be treated to meet applicable permit requirements
17under s. 283.31 and to prevent the introduction of invasive species into the Great
18Lakes basin and the department has approved the permit under s. 283.31.
SB523,110,2119 c. The structure used to return the water is designed and will be operated to
20meet the applicable permit requirements under s. 30.12 and the department has
21approved the permit under s. 30.12.
SB523,111,222 4m. If water will be returned to the source watershed through a stream
23tributary to one of the Great Lakes, the physical, chemical, and biological integrity
24of the receiving water under subd. 3. will be protected and sustained as required
25under ss. 30.12, 281.15, and 283.31, considering the state of the receiving water

1before the proposal is implemented and considering both low and high flow
2conditions.
SB523,111,83 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.
SB523,111,119 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.
SB523,111,1412 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.
SB523,111,2015 (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 quantify the amount of water
20conserved through efficiency and conservation measures.
SB523,111,2421 (i) Diversion amount. In an approval issued under this subsection or a
22modification granted under this subsection to increase the amount of a diversion, the
23department shall specify a diversion amount equal to the quantity of water that is
24reasonable for the purposes for which the diversion is proposed.
SB523,112,5
1(4m) Water use permits required in the Great Lakes basin. (a) A person may
2not make a withdrawal from the Great Lakes basin that averages 100,000 gallons
3per day or more in any 30-day period unless the withdrawal is covered under a
4general permit issued under sub. (4s) or s. 281.344 (4s) or an individual permit issued
5under sub. (5) or s. 281.344 (5).
SB523,112,11 6(4s) General water use permits for Great Lakes basin. (a) Department to
7issue.
The department shall issue one or more general permits to cover withdrawals
8from the Great Lakes basin that average 100,000 gallons per day or more in any
930-day period but that do not equal at least 1,000,000 gallons per day for any 30
10consecutive days. The department shall include all of the following in a general
11permit:
SB523,112,1212 1. Reference to the database of withdrawal amounts under par. (i).
SB523,112,1413 2. Requirements for reporting, metering, and surveillance, as provided in rules
14promulgated by the department.
SB523,112,1615 3. Requirements for water conservation, as provided in rules promulgated by
16the department under sub. (8) (d).
SB523,112,2017 4. Other conditions, limitations, or restrictions, as provided in rules
18promulgated by the department, that the department determines are necessary to
19protect the environment or public health and safety or to ensure the conservation and
20proper management of the waters of the Great Lakes basin.
SB523,112,2221 (am) Term of general permit. The term of a general permit issued under par.
22(a) is 10 years.
Loading...
Loading...