SB523: Bill Text

A proposal meets the state decision-making standard if it satisfies several criteria, including the following:

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.

DNR may by rule add to the state decision-making standard other criteria that it determines are necessary.

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.

Consumptive use decision-making standard

The consumptive use decision-making standard is similar to the standard in current law that applies to withdrawals that result in water losses averaging more than 2,000,000 GPD in any 30-day period. A proposal meets the consumptive use decision-making standard if it satisfies several criteria, including the following:

1. No public rights in navigable waters will be adversely affected by the

use of the water.

2. Reasonable water conservation practices will be applied to the use of the water.

3. The proposed consumptive use will not have a significant adverse effect on the quantity or quality of the waters of the state.

4. If the water loss averages 5,000,000 gallons or more in any 90-day period, the consumptive use will not have a significant adverse impact on the environment of the Great Lakes basin or the state.

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.

Public participation

The bill includes procedures that facilitate 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 that may affect the tribe for which council approval or regional review is required.

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

SB523, s. 1 Section 1. 14.95 of the statutes is created to read:

SB523,16,6 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.

SB523,17,2 (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, or the secretary's designee, 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. If the secretary chooses to specify a designee, the secretary shall specify an individual with knowledge of and experience with Great Lakes water management issues.

SB523,17,8 (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.

SB523, s. 2 Section 2. 30.18 (2) (b) of the statutes is renumbered 30.18 (2) (b) 1. and amended to read:

SB523,17,16 30.18 (2) (b) 1. No Before the compact's effective date, as defined in s. 281.35 (1) (bm), no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without an individual permit under this section if the diversion 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.

SB523, s. 3 Section 3. 30.18 (2) (b) 2. of the statutes is created to read:

SB523,17,23 30.18 (2) (b) 2. Beginning on the compact's effective date, as defined in s. 281.35 (1) (bm), no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in the upper Mississippi River basin, as defined in s. 281.35 (1) (j), without an individual permit under this section if the diversion 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.

SB523, s. 4 Section 4. 30.208 (3m) of the statutes is created to read:

SB523,18,7 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.

SB523, s. 5 Section 5. 196.49 (2) of the statutes is amended to read:

SB523,18,24 196.49 (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.

SB523, s. 6 Section 6. 196.98 of the statutes is repealed.

SB523, s. 7 Section 7. 281.34 (5) (dm) of the statutes is created to read:

SB523,19,5 281.34 (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.

SB523, s. 8 Section 8. 281.34 (5) (e) 1. of the statutes is amended to read:

SB523,19,9 281.34 (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).

SB523, s. 9 Section 9. 281.343 of the statutes is created to read:

SB523,19,14 281.343 Great Lakes—St. Lawrence River Basin Water Resources Compact. (1) 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.

SB523,19,15 (1e) Definitions. In this section, except as otherwise required by the context:

SB523,19,20 (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.

SB523,19,22 (am) "Agreement" means the Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement.

SB523,19,25 (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.

SB523,20,3 (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.

SB523,20,6 (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.

SB523,20,9 (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.

SB523,20,10 (dm) "Compact" means this compact.

SB523,20,13 (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.

SB523,20,15 (em) "Council" means the Great Lakes—St. Lawrence River Basin Water Resources Council, created by this compact.

SB523,20,17 (f) "Council review" means the collective review by the council members as described in subs. (4) to (4z).

SB523,20,20 (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.

SB523,21,2 (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.

SB523,21,5 (gm) "Decision-making standard" means the decision-making standard established by sub. (4r) for proposals subject to management and regulation in sub. (4p).

SB523,21,12 (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.

SB523,21,22 (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.

SB523,21,24 (im) "Exception" means a transfer of water that is excepted under sub. (4n) from the prohibition against diversions in sub. (4m).

SB523,22,2 (j) "Exception standard" means the standard for exceptions established in sub. (4n) (d).

SB523,22,4 (jm) "Intrabasin transfer" means the transfer of water from the watershed of one of the Great Lakes into the watershed of another Great Lake.

SB523,22,6 (k) "Measures" means any legislation, law, regulation, directive, requirement, guideline, program, policy, administrative practice, or other procedure.

SB523,22,9 (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.

SB523,22,12 (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.

SB523,22,14 (Lm) "Originating party" means the party within whose jurisdiction an application or registration is made or required.

SB523,22,15 (n) "Party" means a state that is a party to this compact.

SB523,22,19 (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.

SB523,22,22 (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.

SB523,22,24 2. Water used as part of the packaging of a product shall be considered to be part of the product.

SB523,23,3 3. Other than water used as part of the packaging of a product, water that is used primarily to transport materials in or out of the basin is not a product or part of a product.

SB523,23,5 4. Except as provided in subd. 2., water that is transferred as part of a public or private supply is not a product or part of a product.

SB523,23,7 5. Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or water basins is not a product.

SB523,23,9 (om) "Proposal" means a withdrawal, diversion, or consumptive use of water that is subject to this compact.

SB523,23,10 (p) "Province" means Ontario or Quebec.

SB523,23,16 (pm) "Public water supply purposes" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities serving a group of largely residential customers that may also serve industrial, commercial, and other institutional operators. Water withdrawn directly from the basin and not through such a system shall not be considered to be used for public water supply purposes.

SB523,23,18 (q) "Regional body" means the members of the council and the premiers of Ontario and Quebec or their designee as established by the agreement.

SB523,23,20 (qm) "Regional review" means the collective review by the regional body as described in sub. (4h).

SB523,24,4 (r) "Source watershed" means the watershed from which a withdrawal originates. If water is withdrawn directly from a Great Lake or from the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If water is withdrawn from the watershed of a stream that is a direct tributary to a Great Lake or a direct tributary to the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively, with a preference to the direct tributary stream watershed from which it was withdrawn.

SB523,24,6 (rm) "Standard of review and decision" means the exception standard, decision-making standard, and reviews as outlined in subs. (4) to (4z).

SB523,24,8 (s) "State" means one of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, or Wisconsin or the Commonwealth of Pennsylvania.

SB523,24,12 (t) "Straddling community" means any incorporated city, town, or the equivalent thereof, wholly within any county that lies partly or completely within the basin, whose corporate boundary existing as of the effective date of this compact is partly within the basin or partly within 2 Great Lakes watersheds.

SB523,24,16 (u) "Technical review" means a detailed review conducted to determine whether or not a proposal that requires regional review under this compact meets the standard of review and decision following procedures and guidelines as set out in this compact.

SB523,24,17 (v) "Water" means groundwater or surface water contained within the basin.

SB523,24,19 (w) "Water dependent natural resources" means the interacting components of land, water, and living organisms affected by the waters of the basin.

SB523,24,22 (x) "Waters of the basin" or "basin water" means the Great Lakes and all streams, rivers, lakes, connecting channels, and other bodies of water, including tributary groundwater, within the basin.