SB523,67,22 8. Whether the water use is continuous or intermittent.
SB523,67,33 9. Whether the person holds a permit under s. 283.31.
SB523,67,44 10. Other information required by the department by rule.
SB523,67,65 (c) The department shall maintain a registry containing the information
6provided under par. (b).
SB523,67,97 (cm) The department may consider domestic security concerns when
8determining whether information regarding locations of withdrawals and interbasin
9transfers contained in the registry under par. (c) may be released to the public.
SB523,67,1610 (e) 1. Each person who makes a withdrawal from the waters of the state that
11averages 100,000 gallons per day or more in any 30-day period or transfers from the
12Great Lakes basin any amount and who has registered the withdrawal or interbasin
13transfer under par. (a) shall annually report to the department the monthly volumes
14of withdrawal, whether the person ever withdraws at least 1,000,000 gallons per day
15for 30 consecutive days, and, if applicable, the volumes of interbasin transfer and,
16subject to par. (em), water loss from consumptive use.
SB523,67,2017 2. In addition to the information required under subd. 1., the department may,
18by rule, create different reporting frequencies or require additional information from
19a person who registers a withdrawal, or interbasin transfer under par. (a) based upon
20the type or category of water use.
SB523,68,221 (em) 1. Except as provided in subd. 2., if a person to whom par. (e) 1. applies
22provides any of the water that the person withdraws to a public water supply system,
23the person who operates the public water supply system, rather than the person who
24withdraws the water, shall annually report to the department the volume of water

1loss from the consumptive use of the water provided to the public water supply
2system.
SB523,68,73 2. A person who operates a wastewater treatment system, rather than the
4person who withdraws the water or who operates a public water supply system, shall
5annually report to the department the volume of water loss from a consumptive use
6of water that occurs after the treatment of the wastewater by the person who
7operates the wastewater treatment system.
SB523,68,98 (f) The department may require additional information under par. (b) 10. or (e)
92. only if the information is necessary to effectuate this section.
SB523,68,13 10(3e) Determining initial interbasin transfer amounts. (a) Before issuing an
11automatic approval under sub. (3m) for an interbasin transfer to a person operating
12a public water supply system, the department shall determine the initial interbasin
13transfer amount for the interbasin transfer under this subsection.
SB523,68,1814 (b) The department shall determine the initial interbasin transfer amount
15under this subsection for a public water supply system to be the amount of water
16necessary to provide water for public water supply purposes in the area in at least
17part of which the public water supply system delivers water to customers before the
18compact's effective date that is all of the following:
SB523,68,1919 1. Outside of the Great Lakes basin.
SB523,68,2320 2. Within a sewer service territory that provides for return of wastewater to the
21Great Lakes basin and that is specified in the sewer service area provisions of an
22areawide water quality management plan under s. 283.83 approved by the
23department before December 31, 2007.
SB523,69,3
1(c) The department shall use the population and related service projections in
2the sewer service area provisions described in par. (b) 2. in making the determination
3under par. (b).
SB523,69,16 4(3m) Automatic approval for existing interbasin transfers. Before the
5compact's effective date, the department shall automatically issue an approval for
6an interbasin transfer that begins before the compact's effective date, to a person who
7operates a public water supply system that receives water from the interbasin
8transfer and that delivers water to customers in an area that is outside of the Great
9Lakes basin and that is within a sewer service territory that provides for return of
10wastewater to the Great Lakes basin as specified in the sewer service area provisions
11of an areawide water quality management plan under s. 283.83 approved by the
12department before December 31, 2007. The department may not issue an automatic
13approval before the interbasin transfer begins. In the automatic approval, the
14department shall specify an interbasin transfer amount equal to the amount
15determined under sub. (3e) and an interbasin transfer area that is the area described
16in sub. (3e) (b).
SB523,69,18 17(4) New or increased interbasin transfers. (a) Prohibition. Beginning on the
18effective date of this paragraph .... [revisor inserts date], all of the following apply:
SB523,69,2219 1. No person may begin an interbasin transfer, other than an interbasin
20transfer for which the department is required to issue an automatic permit under
21sub. (3m), unless the interbasin transfer is covered by an approval under par. (c), (d),
22or (e).
SB523,69,2523 2. No person may increase an interbasin transfer over the interbasin transfer
24amount in an approval issued under this subsection unless the department modifies
25the approval under par. (c), (d), or (e) to increase the interbasin transfer amount.
SB523,70,5
13. No person may increase an interbasin transfer over the interbasin transfer
2amount in an approval issued under sub. (3m) or expand the interbasin transfer area
3beyond the area specified in an approval under sub. (3m) unless the department
4modifies the approval under par. (c), (d), or (e) to increase the interbasin transfer
5amount or to expand the interbasin transfer area.
SB523,70,96 (b) Application. 1. A person who proposes to begin an interbasin transfer,
7increase the amount of an interbasin transfer, or expand the interbasin transfer area
8of an interbasin transfer covered by an approval issued under sub. (3m) shall apply
9to the department for approval.
SB523,70,1310 2. A person may apply under subd. 1. for approval of a new, increased, or
11expanded interbasin transfer under par. (c) or (e) only if the person operates a public
12water supply system that receives or would receive water from the new, increased,
13or expanded interbasin transfer.
SB523,70,1614 3. Operators of 2 or more public water supply systems may submit a joint
15application under subd. 1. for a new, increased, or expanded interbasin transfer
16under par. (c) or (e).
SB523,70,2017 4. A person who applies under subd. 1. shall provide information about the
18potential impacts of the interbasin transfer on the waters of the Great Lakes basin
19and water dependent natural resources and any other information required by the
20department by rule.
SB523,70,2421 4m. If a person who applies under subd. 1. will not directly withdraw the water
22proposed to be transferred, the person shall identify the entity that will withdraw the
23water and provide evidence of any agreement necessary to obtain water from that
24entity.
SB523,71,4
14p. If the person who applies under subd. 1. will not directly return the water
2to the Great Lakes basin, the person shall identify the entity that will return the
3water and provide evidence of any agreement necessary to have that entity return
4the water.
SB523,71,125 4s. If the proposal for which a person applies under subd. 1. is subject to the
6exception standard under par. (f), the person shall provide documentation of how the
7physical, chemical, and biological integrity of the receiving water under par. (f) 3. will
8be protected and sustained as required under ss. 30.12, 281.15, and 283.31,
9considering the state of the receiving water before the proposal is implemented. If
10the receiving water is a surface water body that is tributary to one of the Great Lakes,
11the person shall include a description of the flow of the receiving water before the
12proposal is implemented, considering both low and high flow conditions.
SB523,71,1613 5. If the proposal for which a person applies under subd. 1. is subject to the
14exception standard under par. (f), the person shall provide an assessment of the
15individual impacts of the proposal for the purposes of par. (f) 5. The person may also
16include a cumulative impact assessment.
SB523,71,1817 (bg) Determinations. 1. The department shall determine whether a proposal
18under par. (b) is subject to par. (c) or (e) as follows:
SB523,71,2119 a. If the proposal is to provide a public water supply within a single city, village,
20or town, the proposal is subject to par. (c) or (e) based on the boundaries of that city,
21village, or town.
SB523,72,222 b. If the proposal is to provide a public water supply within more than one city,
23village, or town, any portion of the proposal that provides a public water supply
24within a straddling community is subject to par. (c) and any portion of the proposal

1that provides a public water supply within a community within a straddling county
2is subject to par. (e).
SB523,72,83 2. For the purposes of applying the requirements in pars. (c), (e), and (f) to a
4proposal under par. (b), the department shall use, as appropriate, the planned
5service area of the public water supply system receiving water under the proposal.
6The planned service area is the service area of the system at the end of any planning
7period authorized by the department in the approved water supply service area plan
8under s. 281.348 that covers the public water supply system.
SB523,72,149 (c) Straddling communities. The department may approve a proposal under
10par. (b) to begin an interbasin transfer, increase an interbasin transfer, or expand an
11interbasin transfer area, to an area within a straddling community but outside the
12Great Lakes basin or outside the source watershed if the water transferred will be
13used solely for public water supply purposes in the straddling community and all of
14the following apply:
SB523,72,1715 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.
SB523,72,1918 2. No surface water or groundwater from outside the source watershed will be
19returned to the source watershed unless all of the following apply:
SB523,72,2120 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.
SB523,72,2422 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.
SB523,73,4
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.
SB523,73,65 2m. The proposal is consistent with an approved water supply service area plan
6under s. 281.348 that covers the public water supply system.
SB523,73,97 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).
SB523,73,1710 (d) Intrabasin transfer. 1. The department may approve a proposal under par.
11(b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par.
12(c) does not apply that would average less than 100,000 gallons per day in every
1390-day period, if the proposal meets the applicable requirements under s. 30.18,
14281.34, or 281.41 or, if those sections do not apply, any requirements specified by the
15department by rule and, if the water will be used for public water supply purposes,
16the proposal is consistent with an approved water supply service area plan under s.
17281.348 that covers the public water supply system.
SB523,73,2218 2. The department may approve a proposal under par. (b) for a new intrabasin
19transfer or an increase in or expansion of an intrabasin transfer to which par. (c) does
20not apply that would average more than 100,000 gallons per day in any 90-day
21period with a new water loss or an increase in water loss that would average less than
225,000,000 gallons per day in every 90-day period, if all of the following apply:
SB523,73,2523 a. The proposal meets the exception standard under par. (f), except that the
24water may be returned to a watershed within the Great Lakes basin other than the
25source watershed and par. (f) 3m. does not apply.
SB523,74,4
1b. The applicant demonstrates that there is no feasible, cost-effective, and
2environmentally sound water supply alternative within the watershed to which the
3water will be transferred, including conservation of existing water supplies as
4determined under par. (g).
SB523,74,75 c. If the water will be used for public water supply purposes, the proposal is
6consistent with an approved water supply service area plan under s. 281.348 that
7covers the public water supply system.
SB523,74,118 3. The department may approve a proposal under par. (b) for a new intrabasin
9transfer or an increase in an intrabasin transfer to which par. (c) does not apply with
10a new water loss or an increase in water loss that would average 5,000,000 gallons
11per day or more in any 90-day period, if all of the following apply:
SB523,74,1212 a. The proposal meets the exception standard under par. (f).
SB523,74,1613 b. The applicant demonstrates that there is no feasible, cost-effective, and
14environmentally sound water supply alternative within the watershed to which the
15water will be transferred, including conservation of existing water supplies as
16determined under par. (g).
SB523,74,1917 c. If the water will be used for public water supply purposes, the proposal is
18consistent with an approved water supply service area plan under s. 281.348 that
19covers the public water supply system.
SB523,74,2320 (e) Straddling counties. 1. The department may approve a proposal under par.
21(b) for a new interbasin transfer or an increase in an interbasin transfer if the water
22transferred will be used solely for public water supply purposes in a community
23within a straddling county and all of the following apply:
SB523,75,224 a. The community does not have a water supply that is economically and
25environmentally sustainable in the long term to meet reasonable demands for a

1water supply, based on considerations of public health, economic feasibility, and
2direct and avoided environmental impacts.
SB523,75,33 b. The proposal meets the exception standard under par. (f).
SB523,75,74 c. The proposal maximizes the amount of water withdrawn from the Great
5Lakes basin that will be returned to the source watershed and minimizes the amount
6of water from outside the Great Lakes basin that will be returned to the source
7watershed.
SB523,75,108 d. There is no reasonable water supply alternative within the watershed in
9which the community is located, including conservation of existing water supplies
10as determined under par. (g).
SB523,75,1311 e. The proposal will not endanger the integrity of the Great Lakes basin
12ecosystem based upon a determination that the proposal will have no significant
13adverse impact on the Great Lakes basin ecosystem.
SB523,75,1514 em. The proposal is consistent with an approved water supply service area plan
15under s. 281.348 that covers the public water supply system.
SB523,75,2016 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.
SB523,75,2221 (f) Exception standard. A proposal meets the exception standard if all of the
22following apply:
SB523,75,2523 1. The need for the proposed interbasin transfer cannot reasonably be avoided
24through the efficient use and conservation of existing water supplies as determined
25under par. (g).
SB523,76,2
12. The interbasin transfer is limited to quantities that are reasonable for the
2purposes for which the interbasin transfer is proposed.
SB523,76,53 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.
SB523,76,86 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:
SB523,76,99 a. Not economically feasible.
SB523,76,1010 b. Not environmentally sound.
SB523,76,1111 c. Not in the interest of public health.
SB523,76,1312 4. No water from outside the Great Lakes basin will be returned to the source
13watershed unless all of the following apply:
SB523,76,1514 a. The returned water is from a water supply or wastewater treatment system
15that combines water from inside and outside the Great Lakes basin.
SB523,76,1816 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.
SB523,76,2119 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.
SB523,77,222 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.
SB523,77,93 5. The interbasin transfer will result in no significant adverse individual
4impacts or cumulative impacts to the quantity or quality of the waters of the Great
5Lakes basin or to water dependent natural resources, including cumulative impacts
6that might result due to any precedent-setting aspects of the proposed interbasin
7transfer, based upon a determination that the proposed interbasin transfer will not
8have any significant adverse impacts on the sustainable management of the waters
9of the Great Lakes basin.
SB523,77,1210 6. The applicant commits to implementing the applicable water conservation
11measures under sub. (8) (d) that are environmentally sound and economically
12feasible for the applicant.
SB523,77,1513 7. The interbasin transfer will be in compliance with all applicable local, state,
14and federal laws and interstate and international agreements, including the
15Boundary Waters Treaty of 1909.
SB523,77,2116 (g) Conservation and efficient use of existing water supplies. The department
17shall promulgate rules specifying the requirements for an applicant for a new,
18increased, or expanded interbasin transfer subject to par. (f) to demonstrate the
19efficient use and conservation of existing water supplies for the purposes of pars. (d)
202. b. and 3. b., (e) 1. d., and (f) 1., including requiring the applicant to quantify the
21amount of water conserved through efficiency and conservation measures.
SB523,78,222 (i) Interbasin transfer amount. In an approval issued under this subsection or
23a modification granted under this subsection to increase the amount of an interbasin
24transfer, the department shall specify an interbasin transfer amount equal to the

1quantity of water that is reasonable for the purposes for which the interbasin
2transfer is proposed.
SB523,78,9 3(4e) Determining initial withdrawal amounts for withdrawals from the
4Great Lakes basin.
(a) Before issuing automatic notice of coverage under a general
5permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a
6withdrawal from the Great Lakes basin for which the department is required to issue
7automatic notice of coverage under a general permit or an automatic individual
8permit, the department shall determine the initial withdrawal amount for the
9withdrawal under this subsection.
SB523,78,1410 (b) 1. Except as provided in subd. 2. and par. (f), the department shall estimate
11the initial withdrawal amount for a withdrawal based on the maximum hydraulic
12capacity of the most restrictive component in the water supply system used for the
13withdrawal as of the date that the department makes the estimate, based on
14information available to the department.
SB523,78,1915 2. If the department has issued an approval under s. 30.12, 30.18, 281.34, or
16281.41, or s. 281.17, 2001 stats., that is required for a withdrawal and the approval
17contains a limit on the amount of water that may be withdrawn, the department
18shall provide an estimate of the initial withdrawal amount equal to the limit in the
19approval.
SB523,78,2120 (c) The department shall provide the estimate under par. (b) for a withdrawal
21to the person making the withdrawal.
SB523,78,2322 (d) After receiving an estimate under par. (c), a person making a withdrawal
23may provide the department with information relating to any of the following:
SB523,78,2424 1. The components of the water supply system used for the withdrawal.
SB523,79,2
12. Seasonal variations in the amount of water supplied by the water supply
2system.
SB523,79,53 3. Plans for expanding the capacity of the water supply system submitted to
4the department no later than 2 years after the effective date of this subdivision ....
5[revisor inserts date].
SB523,79,76 4. Amounts withdrawn during the 5 years before the year in which the person
7submits the information.
SB523,79,98 5. Successful water conservation efforts by persons using the water that is
9withdrawn.
SB523,79,1110 6. Water loss from consumptive uses of similar types of users compared to the
11water loss from consumptive use of persons using the water that is withdrawn.
SB523,79,1212 7. Other information that the department considers to be relevant.
SB523,79,1613 (e) Except as provided in par. (f), the department shall determine the initial
14withdrawal amount for a withdrawal based on the estimate under par. (b) and the
15department's evaluation of any information provided under par. (d). The department
16may not consider information provided by any other person.
SB523,80,217 (f) For a public water supply system that, on the effective date of this paragraph
18.... [revisor inserts date], has approval under s. 281.41 to provide water from the
19Great Lakes basin for public water supply purposes outside of the Great Lakes basin
20and approval under s. 283.31 to return the associated wastewater to the Great Lakes
21basin, the department shall determine the initial withdrawal amount to be the
22amount of water necessary to provide water for public water supply purposes in the
23service territory specified in the sewer service area provisions of the areawide water
24quality management plan under s. 283.83 approved by the department before

1December 31, 2007, based on the population and related service projections in those
2provisions.
Loading...
Loading...