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.
SB523,113,423 (b) General requirement. A person who does not hold an individual permit
24under sub. (5) may not make a withdrawal that averages 100,000 gallons per day or
25more in any 30-day period, but that does not equal at least 1,000,000 gallons per day

1for any 30 consecutive days, unless the withdrawal is covered under a general permit
2issued under this subsection or s. 281.344 (4s). A person to whom the department
3has issued a notice of coverage under a general permit shall comply with the general
4permit.
SB523,113,135 (d) Coverage under general permit for new or increased withdrawals. 1. A
6person who proposes to begin a withdrawal from the Great Lakes basin that will
7average 100,000 gallons per day or more in any 30-day period, or to increase an
8existing withdrawal so that it will average 100,000 gallons per day or more in any
930-day period, but who does not propose to withdraw at least 1,000,000 gallons per
10day for any 30 consecutive days, shall apply to the department for coverage under
11a general permit, unless the person applies for an individual permit under sub. (5).
12In the application, the person shall provide the information required by the
13department by rule.
SB523,113,1814 2. After receiving an application under subd. 1., the department shall, within
15the time limit established by the department by rule, determine whether the
16withdrawal qualifies for coverage under a general permit or notify the applicant of
17any additional information needed to determine whether the withdrawal qualifies
18for coverage under a general permit.
SB523,113,2419 3. Except as provided in subd. 3m., if the department determines that a
20withdrawal qualifies for coverage under a general permit and the department has
21issued any approvals under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats.,
22that are required for the withdrawal, the department shall issue a notice of coverage.
23In the notice, the department shall specify a withdrawal amount that is equal to the
24smallest of the following amounts:
SB523,114,6
1a. The maximum hydraulic capacity of the most restrictive component of the
2water supply system used for the withdrawal for which the person has approval
3under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
4under one of those provisions is not required for the most restrictive component of
5the water supply system, the maximum hydraulic capacity of the most restrictive
6component that the person proposes to use in the water supply system.
SB523,114,87 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
8stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523,114,129 3m. a. The department may not approve an application under subd. 1. for a
10withdrawal for the purpose of providing water to a public water supply system that
11serves a population of more than 10,000 unless the withdrawal is covered by an
12approved water supply service area plan under s. 281.348.
SB523,114,1613 b. The department may not approve an application under subd. 1. for a
14withdrawal for the purpose of providing water to a public water supply system that
15is covered by an approved water supply service area plan under s. 281.348, unless
16the withdrawal is consistent with the water supply service area plan.
SB523,114,2217 c. If the department approves an application under subd. 1. for a withdrawal
18for the purpose of providing water to a public water supply system that is covered by
19an approved water supply service area plan under s. 281.348, the department shall
20issue a notice of coverage. In the notice of coverage the department shall specify a
21withdrawal amount that is equal to the withdrawal amount in the water supply
22service area plan.
SB523,114,2523 4. If the department determines that a withdrawal does not qualify for coverage
24under a general permit, the department shall notify the applicant in writing of the
25reason for that determination.
SB523,115,8
1(dm) Requiring individual permit. The department may require a person who
2is making or proposes to make a withdrawal that averages 100,000 gallons per day
3or more in any 30-day period, but that does not equal at least 1,000,000 gallons per
4day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the
5withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1)
6(a), or a groundwater management area designated under s. 281.34 (9) or if coverage
7under an individual permit is necessary to protect public health or safety or to ensure
8the conservation and proper management of the waters of the state.
SB523,115,149 (e) Increase in withdrawal amount. 1. If a person making a withdrawal that
10is covered under a general permit issued under this subsection or s. 281.344 (4s)
11proposes to increase the amount of the withdrawal over the withdrawal amount
12specified in the database under par. (i) for the withdrawal, but does not propose to
13withdraw at least 1,000,000 gallons per day for any 30 consecutive days, the person
14shall apply to the department for a modification of the withdrawal amount.
SB523,115,1815 3. Except as provided in subd. 3m., if the department has issued any approvals
16under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., that are required for
17modifying the withdrawal, the department shall modify the withdrawal amount to
18an amount equal to the smallest of the following amounts:
SB523,115,2419 1. The maximum hydraulic capacity of the most restrictive component of the
20water supply system used for the withdrawal for which the person has approval
21under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
22under one of those provisions is not required for the most restrictive component of
23the water supply system, the maximum hydraulic capacity of the most restrictive
24component that the person proposes to use in the water supply system.
SB523,116,2
12. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
2stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523,116,63 3m. a. The department may not approve an application under subd. 1. for a
4withdrawal for the purpose of providing water to a public water supply system that
5serves a population of more than 10,000 unless the withdrawal is covered by an
6approved water supply service area plan under s. 281.348.
SB523,116,107 b. The department may not approve an application under subd. 1. for a
8withdrawal for the purpose of providing water to a public water supply system that
9is covered by an approved water supply service area plan under s. 281.348, unless
10the withdrawal is consistent with the water supply service area plan.
SB523,116,1611 c. If the department approves an application under subd. 1. for a withdrawal
12for the purpose of providing water to a public water supply system that is covered by
13an approved water supply service area plan under s. 281.348, the department shall
14issue a notice of coverage. In the notice of coverage the department shall specify a
15withdrawal amount that is equal to the withdrawal amount in the water supply
16service area plan.
SB523,116,1817 (f) Term of coverage. Coverage under a general permit ends on the date that
18the term of the general permit under par. (am) ends.
SB523,117,319 (g) Redetermination. A person to whom the department has issued a notice of
20coverage under a general permit issued under this subsection or s. 281.344 (4s) shall
21apply to the department for redetermination of coverage under a new general permit
22issued under this subsection at least 180 days before the end of the term of the
23current general permit if the person intends to continue to withdraw from the Great
24Lakes basin an average of 100,000 gallons per day or more in any 30-day period but
25does not intend to withdraw at least 1,000,000 gallons per day for any 30 consecutive

1days. If the person is in compliance with the current general permit and the
2withdrawal qualifies for coverage under the new general permit, the department
3shall issue a notice of coverage under the new general permit.
SB523,117,84 (h) Suspension and revocation. After an opportunity for a hearing, the
5department may suspend or revoke coverage under a general permit issued under
6this subsection or s. 281.344 (4s) for cause, including obtaining coverage under the
7permit by misrepresentation or failure to disclose relevant facts or violating the
8terms of the permit.
SB523,117,119 (i) Database. The department shall maintain a database of the withdrawal
10amounts for all withdrawals that are covered under general permits issued under
11this subsection and s. 281.344 (4s).
SB523,117,17 12(5) Individual water use permits for Great Lakes basin. (a) Requirement. A
13person may not make a withdrawal from the Great Lakes basin that equals at least
141,000,000 gallons per day for any 30 consecutive days unless the withdrawal is
15covered by an individual permit issued under this subsection or s. 281.344 (5). A
16person to whom the department has issued an individual permit shall comply with
17the individual permit.
SB523,117,1918 (b) Content of individual permits. The department shall include all of the
19following in an individual permit:
SB523,117,2120 1. A withdrawal amount as determined under par. (d) 3. or 3m., (g) 3. or 3m.,
21or (j) 3. or 3m. or s. 281.344 (3m) or (4e).
SB523,117,2422 2. Provisions that the department determines are necessary for tracking
23increases in water loss resulting from increases in withdrawal amounts during the
24term of the permit.
SB523,118,2
13. Requirements for reporting, metering, and surveillance, as provided in rules
2promulgated by the department.
SB523,118,43 4. Requirements for water conservation, as provided in rules promulgated by
4the department under sub. (8) (d).
SB523,118,65 5. Limits on the location and dates or seasons of the withdrawal and on the
6allowable uses of the water, as provided in rules promulgated by the department.
SB523,118,87 6. Conditions on any diversion approved under sub. (4) made by the person
8making the withdrawal.
SB523,118,129 7. If the withdrawal is from a surface water body tributary to one of the Great
10Lakes and would result in a water loss of more than 95 percent of the amount of water
11withdrawn, conditions that ensure that the withdrawal does not cause significant
12adverse environmental impact.
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