281.346(3)(cm)
(cm) The department may consider domestic security concerns when determining whether information regarding locations of withdrawals and diversions contained in the registry under
par. (c) may be released to the public.
281.346(3)(e)1.1. Each person who makes a withdrawal from the waters of the state that averages 100,000 gallons per day or more in any 30-day period or diverts any amount and who has registered the withdrawal or diversion under
par. (a) or
s. 281.344 (3) (a) shall annually report to the department the monthly volumes of withdrawal, whether the person withdraws at least 1,000,000 gallons per day for 30 consecutive days, and, if applicable, the volumes of diversion and, subject to
par. (em), water loss from consumptive use.
281.346(3)(e)2.
2. In addition to the information required under
subd. 1., the department may, by rule, create different reporting frequencies or require additional information from a person who registers a withdrawal, or diversion under
par. (a) or
s. 281.344 (3) (a) based upon the type or category of water use.
281.346(3)(em)
(em) If a person to whom
par. (e) 1. applies provides any of the water that the person withdraws to a public water supply system, the person who operates the public water supply system, rather than the person who withdraws the water, shall annually report to the department the volume of water loss from the consumptive use of the water provided to the public water supply system.
281.346(3)(f)
(f) The department may require additional information under
par. (b) 10. or
(e) 2. only if the information is related to the purposes of the compact.
281.346(4)(a)(a)
Prohibition. Beginning on the compact's effective date, no person may begin a diversion, except as authorized under
par. (c),
(d), or
(e) or an approval issued under
s. 281.344 (4), and no person may increase the amount of a diversion over the diversion amount specified in an approval under this subsection or over the interbasin transfer amount specified in an approval issued under
s. 281.344 (3m) or
(4), except as authorized under
par. (c),
(d), or
(e).
281.346(4)(b)1.1. A person who proposes to begin a diversion or to increase the amount of a diversion under
par. (c),
(d), or
(e) shall apply to the department for approval.
281.346(4)(b)2.
2. A person may apply under
subd. 1. for approval of a new or increased diversion under
par. (c) or
(e) only if the person operates a public water supply system that receives or would receive water from the new or increased diversion.
281.346(4)(b)3.
3. Operators of 2 or more public water supply systems may submit a joint application under
subd. 1. for a new or increased diversion under
par. (c) or
(e).
281.346(4)(b)4.
4. A person who applies under
subd. 1. shall provide information about the potential impacts of the diversion on the waters of the Great Lakes basin and water dependent natural resources and any other information required by the department by rule.
281.346(4)(b)4m.
4m. If a person who applies under
subd. 1. will not directly withdraw the water proposed to be diverted, the person shall identify any entities that may withdraw the water and provide evidence of support from each of those entities in the form of a letter or resolution.
281.346(4)(b)4p.
4p. If the person who applies under
subd. 1. will not directly return the water to the Great Lakes basin, the person shall identify any entities that may return the water and provide evidence of support from each of those entities in the form of a letter or resolution.
281.346(4)(b)4s.
4s. If the proposal for which a person applies under
subd. 1. is subject to the exception standard under
par. (f), the person shall provide documentation of how the physical, chemical, and biological integrity of the receiving water under
par. (f) 3. will be protected and sustained as required under
ss. 30.12,
281.15, and
283.31, considering the state of the receiving water before the proposal is implemented and considering potential adverse impacts due to changes in temperature and nutrient loadings. If the receiving water is a surface water body that is tributary to one of the Great Lakes, the person shall include a description of the flow of the receiving water before the proposal is implemented, considering both low and high flow conditions.
281.346(4)(b)5.
5. If the proposal for which a person applies under
subd. 1. is subject to the exception standard under
par. (f), the person shall provide an assessment of the individual impacts of the proposal for the purposes of
par. (f) 5. The person may also include a cumulative impact assessment.
281.346(4)(bg)1.1. The department shall determine whether a proposal under
par. (b) is subject to
par. (c) or
(e) as follows:
281.346(4)(bg)1.a.
a. If the proposal is to provide a public water supply within a single city, village, or town, the proposal is subject to
par. (c) or
(e) based on the boundaries of that city, village, or town.
281.346(4)(bg)1.b.
b. If the proposal is to provide a public water supply within more than one city, village, or town, any portion of the proposal that provides a public water supply within a straddling community is subject to
par. (c) and any portion of the proposal that provides a public water supply within a community described in
par. (e) 1. (intro.) is subject to
par. (e).
281.346(4)(bg)2.
2. For the purposes of applying the requirements in
pars. (c),
(e), and
(f) to a proposal under
par. (b), the department shall use, as appropriate, the current or planned service area of the public water supply system receiving water under the proposal. The planned service area is the service area of the system at the end of any planning period authorized by the department in the approved water supply service area plan under
s. 281.348 that covers the public water supply system.
281.346(4)(c)
(c)
Straddling communities. The department may approve a proposal under
par. (b) to begin a diversion, or to increase the amount of a diversion, to an area within a straddling community but outside the Great Lakes basin or outside the source watershed if the water diverted will be used solely for public water supply purposes in the straddling community and all of the following apply:
281.346(4)(c)1.
1. An amount of water equal to the amount of water withdrawn from the Great Lakes basin, less an allowance for consumptive use, will be returned to the source watershed.
281.346(4)(c)2.
2. No surface water or groundwater from outside the source watershed will be returned to the source watershed unless all of the following apply:
281.346(4)(c)2.a.
a. The returned water will be from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.
281.346(4)(c)2.b.
b. The returned water will be treated to meet applicable permit requirements under
s. 283.31 and to prevent the introduction of invasive species into the Great Lakes basin.
281.346(4)(c)2.c.
c. The proposal maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside the Great Lakes basin that will be returned to the source watershed.
281.346(4)(c)2m.
2m. The proposal is consistent with an approved water supply service area plan under
s. 281.348 that covers the public water supply system.
281.346(4)(c)3.
3. If the proposal would result from a new withdrawal or an increase in a withdrawal that would average 100,000 gallons or more per day in any 90-day period, the proposal meets the exception standard under
par. (f).
281.346(4)(c)4.
4. If the proposal would result in a new water loss or an increase in a water loss from consumptive use that would average 5,000,000 gallons or more per day in any 90-day period, all of the following apply:
281.346(4)(c)4.d.
d. The department considers the regional declaration of finding in determining whether to approve the proposal.
281.346(4)(d)1.1. The department may approve a proposal under
par. (b) for a new intrabasin transfer or an increase in an intrabasin transfer to which
par. (c) does not apply that would average less than 100,000 gallons per day in every 90-day period, if the proposal meets the applicable requirements under
s. 30.18,
281.34, or
281.41 or, if those sections do not apply, any requirements specified by the department by rule and, if the water will be used for public water supply purposes, the proposal is consistent with an approved water supply service area plan under
s. 281.348 that covers the public water supply system.
281.346(4)(d)2.
2. The department may approve a proposal under
par. (b) for a new intrabasin transfer or an increase in an intrabasin transfer to which
par. (c) does not apply that would average more than 100,000 gallons per day in any 90-day period with a new water loss or an increase in water loss that would average less than 5,000,000 gallons per day in every 90-day period, if all of the following apply:
281.346(4)(d)2.a.
a. The proposal meets the exception standard under
par. (f), except that the water may be returned to a watershed within the Great Lakes basin other than the source watershed and
par. (f) 3m. does not apply.
281.346(4)(d)2.b.
b. The applicant demonstrates that there is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies as determined under
par. (g).
281.346(4)(d)2.c.
c. If the water will be used for public water supply purposes, the proposal is consistent with an approved water supply service area plan under
s. 281.348 that covers the public water supply system.
281.346(4)(d)2.d.
d. The department provides notice of the proposal to the other parties.
281.346(4)(d)3.
3. The department may approve a proposal under
par. (b) for a new intrabasin transfer or an increase in an intrabasin transfer to which
par. (c) does not apply with a new water loss or an increase in water loss that would average 5,000,000 gallons per day or more in any 90-day period, if all of the following apply:
281.346(4)(d)3.b.
b. The applicant demonstrates that there is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies as determined under
par. (g).
281.346(4)(d)3.c.
c. If the water will be used for public water supply purposes, the proposal is consistent with an approved water supply service area plan under
s. 281.348 that covers the public water supply system.
281.346(4)(d)3.g.
g. The department considers the regional declaration of finding in determining whether to approve the proposal.
281.346(4)(e)1.1. The department may approve a proposal under
par. (b) for a new diversion or an increase in a diversion if the water diverted will be used solely for public water supply purposes in a community within a straddling county or, if a community is partly within a straddling county and partly within a county that lies entirely outside the Great Lakes basin, the water diverted will be used solely for public water supply purposes in the portion of the community that is within the straddling county and all of the following apply:
281.346(4)(e)1.c.
c. The proposal maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside the Great Lakes basin that will be returned to the source watershed.
281.346(4)(e)1.d.
d. There is no reasonable water supply alternative within the watershed in which the community is located, including conservation of existing water supplies as determined under
par. (g).
281.346(4)(e)1.e.
e. The proposal will not endanger the integrity of the Great Lakes basin ecosystem based upon a determination that the proposal will have no significant adverse impact on the Great Lakes basin ecosystem.
281.346(4)(e)1.em.
em. The proposal is consistent with an approved water supply service area plan under
s. 281.348 that covers the public water supply system.
281.346(4)(e)1.i.
i. The department considers the regional declaration of finding in determining whether to approve the proposal.
281.346(4)(e)2.
2. In determining whether to approve a proposal under this paragraph, the department shall give substantive consideration to whether the applicant provides sufficient scientifically based evidence that the existing water supply is derived from groundwater that is hydrologically interconnected to waters of the Great Lakes basin. The department may not use a lack of hydrological connection to the waters of the Great Lakes basin as a reason to disapprove a proposal.
281.346(4)(f)
(f)
Exception standard. A proposal meets the exception standard if all of the following apply:
281.346(4)(f)1.
1. The need for the proposed diversion cannot reasonably be avoided through the efficient use and conservation of existing water supplies as determined under
par. (g).
281.346(4)(f)2.
2. The diversion is limited to quantities that are reasonable for the purposes for which the diversion is proposed.
281.346(4)(f)3.
3. An amount of water equal to the amount of water withdrawn from the Great Lakes basin will be returned to the source watershed, less an allowance for consumptive use.
281.346(4)(f)3m.
3m. The place at which the water is returned to the source watershed is as close as practicable to the place at which the water is withdrawn, unless the applicant demonstrates that returning the water at that place is one of the following:
281.346(4)(f)4.
4. No water from outside the Great Lakes basin will be returned to the source watershed unless all of the following apply:
281.346(4)(f)4.a.
a. The returned water is from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.
281.346(4)(f)4.b.
b. The returned water will be treated to meet applicable permit requirements under
s. 283.31 and to prevent the introduction of invasive species into the Great Lakes basin and the department has approved the permit under
s. 283.31.
281.346(4)(f)4.c.
c. If the water is returned through a structure on the bed of a navigable water, the structure is designed and will be operated to meet the applicable permit requirements under
s. 30.12 and the department has approved the permit under
s. 30.12.
281.346(4)(f)4m.
4m. If water will be returned to the source watershed through a stream tributary to one of the Great Lakes, the physical, chemical, and biological integrity of the receiving water under
subd. 3. will be protected and sustained as required under
ss. 30.12,
281.15, and
283.31, considering the state of the receiving water before the proposal is implemented and considering both low and high flow conditions and potential adverse impacts due to changes in temperature and nutrient loadings.
281.346(4)(f)5.
5. The diversion will result in no significant adverse individual impacts or cumulative impacts to the quantity or quality of the waters of the Great Lakes basin or to water dependent natural resources, including cumulative impacts that might result due to any precedent-setting aspects of the proposed diversion, based upon a determination that the proposed diversion will not have any significant adverse impacts on the sustainable management of the waters of the Great Lakes basin.
281.346(4)(f)6.
6. The applicant commits to implementing the applicable water conservation measures under
sub. (8) (d) that are environmentally sound and economically feasible for the applicant.
281.346(4)(f)7.
7. The diversion will be in compliance with all applicable local, state, and federal laws and interstate and international agreements, including the Boundary Waters Treaty of 1909.
281.346(4)(g)
(g)
Conservation and efficient use of existing water supplies. The department shall promulgate rules specifying the requirements for an applicant for a new or increased diversion subject to
par. (f) to demonstrate the efficient use and conservation of existing water supplies for the purposes of
pars. (d) 2. b. and
3. b.,
(e) 1. d., and
(f) 1., including requiring the applicant to document the water conservation planning and analysis used to identify the water conservation and efficiency measures that the applicant determined were feasible.
