SB523,96,1611 (i) "Environmentally sound and economically feasible water conservation
12measures" means those measures, methods, or technologies for efficient water use
13and for reducing water loss and waste or for reducing the amount of a withdrawal,
14consumptive use, or diversion that are, taking into account environmental impact,
15the age and nature of equipment and facilities involved, the processes employed, the
16energy impacts, and other appropriate factors, all of the following:
SB523,96,1717 1. Environmentally sound.
SB523,96,1818 2. Reflective of best practices applicable to the water use sector.
SB523,96,1919 3. Technically feasible and available.
SB523,96,2120 4. Economically feasible and cost-effective based on an analysis that considers
21direct and avoided economic and environmental costs.
SB523,96,2422 (je) "Great Lakes basin" means the watershed of the Great Lakes and the St.
23Lawrence River upstream from Trois—Rivieres, Quebec, within the jurisdiction of
24the parties.
SB523,97,2
1(ji) "Great Lakes basin ecosystem" means the interacting components of air,
2land, water, and living organisms, including humans, within the Great Lakes basin.
SB523,97,43 (jj) "Great Lakes council" means the Great Lakes—St. Lawrence River Basin
4Water Resources Council, created under s. 281.343 (2) (a).
SB523,97,65 (jm) "Intrabasin transfer" means the transfer of water from the watershed of
6one of the Great Lakes into the watershed of another of the Great Lakes.
SB523,97,77 (n) "Party" means a state that is a party to the compact.
SB523,97,118 (nm) Notwithstanding s. 281.01 (9), "person" means an individual or other
9entity, including a government or a nongovernmental organization, including any
10scientific, professional, business, nonprofit, or public interest organization or
11association that is neither affiliated with nor under the direction of a government.
SB523,97,1512 (o) "Product" means something produced by human or mechanical effort or
13through agricultural processes and used in manufacturing, commercial, or other
14processes or intended for intermediate or ultimate consumers, subject to all of the
15following:
SB523,97,1616 1. Water used as part of the packaging of a product is part of the product.
SB523,97,1917 2. Other than water used as part of the packaging of a product, water that is
18used primarily to transport materials in or out of the Great Lakes basin is not a
19product or part of a product.
SB523,97,2120 3. Except as provided in subd. 1., water that is transferred as part of a public
21or private supply is not a product or part of a product.
SB523,97,2322 4. Water in its natural state, such as in lakes, rivers, reservoirs, aquifers, or
23water basins, is not a product.
SB523,98,224 (pm) "Public water supply" means water distributed to the public through a
25physically connected system of treatment, storage, and distribution facilities that

1serve a group of largely residential customers and that may also serve industrial,
2commercial, and other institutional customers.
SB523,98,63 (q) "Regional body" means the body consisting of the governors of the parties
4and the premiers of Ontario and Quebec, Canada, or their designees as established
5by the Great Lakes—St. Lawrence River Basin Sustainable Water Resources
6Agreement.
SB523,98,87 (qd) "Regional declaration of finding" means a declaration of finding issued by
8the regional body under s. 281.343 (4h) (e).
SB523,98,109 (qm) "Regional review" means review by the regional body as described in s.
10281.343 (4h).
SB523,98,1711 (r) "Source watershed" means the watershed from which a withdrawal
12originates. If water is withdrawn directly from a Great Lake or from the St.
13Lawrence River, then the source watershed is the watershed of that Great Lake or
14the watershed of the St. Lawrence River, respectively. If water is withdrawn from
15the watershed of a stream that is a direct tributary to a Great Lake or a direct
16tributary to the St. Lawrence River, then the source watershed is the watershed of
17that Great Lake or the watershed of the St. Lawrence River, respectively.
SB523,98,2118 (t) "Straddling community" means any city, village, or town that, based on its
19boundary existing as of the compact's effective date, is partly within the Great Lakes
20basin or partly within the watersheds of 2 of the Great Lakes and that is wholly
21within any county that lies partly or completely within the Great Lakes basin.
SB523,98,2422 (u) "Technical review" means a thorough analysis and evaluation conducted to
23determine whether a proposal that is subject to regional review under this section
24meets the criteria for approval under sub. (4), (5), or (6).
SB523,99,2
1(w) "Water dependent natural resources" means the interacting components of
2land, water, and living organisms affected by the waters of the Great Lakes basin.
SB523,99,53 (wm) "Water loss" means the amount of water that is withheld from or not
4returned to the basin from which it is withdrawn as a result of a diversion or
5consumptive use or both.
SB523,99,76 (wr) "Water utility" means a public utility, as defined in s. 196.01 (5), that
7furnishes water.
SB523,99,108 (x) "Waters of the Great Lakes basin" means the Great Lakes and all streams,
9rivers, lakes, connecting channels, and other bodies of water, including tributary
10groundwater, within the Great Lakes basin.
SB523,99,1111 (y) "Withdraw" means to take water from surface water or groundwater.
SB523,99,1412 (z) "Withdrawal" means the taking of water from surface water or groundwater,
13including the taking of surface water or groundwater for the purpose of bottling the
14water.
SB523,99,16 15(1m) Applicability. This section does not apply before the compact's effective
16date.
SB523,99,20 17(2) Determinations concerning applicability of requirements. (a) Use of
18surface water divide.
For the purposes of this section, the surface water divide is used
19to determine whether a withdrawal or transfer of surface water or groundwater is
20from the Great Lakes basin.
SB523,99,2421 (b) Diversions and withdrawals from more than one source. For the purposes
22of this section, the diversion or withdrawal of water from more than one source
23within the Great Lakes basin to supply a common distribution system is considered
24one diversion or withdrawal.
SB523,100,2
1(c) Water loss. The department shall promulgate rules for determining the
2amount of water loss from consumptive uses.
SB523,100,53 (d) County boundaries. For the purposes of sub. (1) (d) and (t), a county's
4boundaries as of December 13, 2005, shall be used to determine whether a county lies
5partly within the Great Lakes basin.
SB523,100,126 (e) Baseline. 1. The baseline for a withdrawal that is covered by a general
7permit issued under s. 281.344 (4s) on the compact's effective date is the withdrawal
8amount specified for the withdrawal in the database under s. 281.344 (4s) (i) on the
9compact's effective date. The baseline for a withdrawal for which the department has
10issued an individual permit under s. 281.344 (5) before the compact's effective date
11is the withdrawal amount specified in the permit on the compact's effective date.
12There is no baseline for any other withdrawal.
SB523,100,1613 2. The baseline water loss for a consumptive use for which the department has
14specified an authorized base level of water loss under s. 281.35 (6) (a) 2. is the amount
15of that authorized base level on the compact's effective date. There is no baseline
16water loss for any other consumptive use.
SB523,100,2017 4. The baseline volume for a diversion for which the department has issued an
18approval under s. 281.344 (3m) or (4) before the compact's effective date is the
19interbasin transfer amount specified in the approval on the compact's effective date.
20There is no baseline for any other diversion.
SB523,100,2321 6. The department shall provide a list of the baseline volumes determined
22under this paragraph to the Great Lakes council and the regional body no later than
2312 months after the compact's effective date.
SB523,101,324 (e) Change of ownership. Regional review or Great Lakes council approval is
25not required when there is a change of ownership of a water supply system that

1withdraws, diverts, or consumptively uses waters of the Great Lakes basin unless
2the new owner proposes a change that is otherwise subject to regional review or
3Great Lakes council approval.
SB523,101,54 (f) Hydrologic units. The Lake Michigan and Lake Huron watershed shall be
5considered to be a single hydrologic unit and watershed.
SB523,101,12 6(3) Statewide registration and reporting. (a) Any person who proposes to
7begin a withdrawal from the waters of the state using a water supply system that will
8have the capacity to withdraw an average of 100,000 gallons per day or more in any
930-day period, to increase the capacity of a water supply system so that it will have
10the capacity to withdraw an average of 100,000 gallons per day or more in any 30-day
11period, or to begin a diversion shall register the withdrawal or diversion with the
12department.
SB523,101,1413 (b) A person to whom par. (a) applies shall register on a form prescribed by the
14department and provide all of the following information:
SB523,101,1515 1. The name and address of the registrant and the date of registration.
SB523,101,1616 2. The locations and sources of the withdrawal or diversion.
SB523,101,1817 3. The daily capacity of the withdrawal or diversion and the daily capacity to
18withdraw or divert from each source.
SB523,101,2019 4. An estimate of the volume of the withdrawal or diversion in terms of gallons
20per day average in any 30-day period.
SB523,101,2121 5. The uses made of the water.
SB523,101,2222 6. The places at which the water is used.
SB523,101,2323 7. The places at which any of the water is discharged.
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).
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