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 An amount of water equal to the amount of water withdrawn from the Great Lakes basin, less an allowance for consumptive use, will be returned to the source watershed.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c. The proposal maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside the Great Lakes basin that will be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.
281.346(4)(i)
(i)
Diversion amount. In an approval issued under this subsection or a modification granted under this subsection to increase the amount of a diversion, the department shall specify a diversion amount equal to the quantity of water that is reasonable for the purposes for which the diversion is proposed.
281.346(4e)
(4e) Determining baselines for preexisting withdrawals. 281.346(4e)(a)(a) Before issuing automatic notice of coverage under a general permit under
sub. (4s) or an automatic individual permit under
sub. (5) (c) for a withdrawal from the Great Lakes basin for which the department is required to issue automatic notice of coverage or an automatic individual permit, the department shall determine a baseline for the withdrawal under this subsection.
281.346(4e)(b)1.1. Except as provided in
subds. 2. and
3e. and
par. (f), the department shall estimate the baseline for a withdrawal based on the maximum hydraulic capacity of the most restrictive component in the water supply system used for the withdrawal as of December 8, 2008, based on information available to the department.
281.346(4e)(b)2.
2. Except as provided in
subd. 3e., if the department has issued an approval under
s. 30.12,
30.18,
281.34, or
281.41, or s.
281.17, 2001 stats., that is required for a withdrawal and the approval contains a limit on the amount of water that may be withdrawn, the department shall provide an estimate of the baseline equal to the limit in the approval as of December 8, 2008.
281.346(4e)(b)3e.
3e. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the amount under
subd. 1. for each of the water supply systems to which
subd. 2. does not apply and shall determine the amount under
subd. 2. for each of the water supply systems to which
subd. 2. applies and shall provide an estimate of the baseline that is equal to the sum of the amounts determined for each of the water supply systems.
281.346(4e)(c)
(c) The department shall provide the estimate under
par. (b) for a withdrawal to the person making the withdrawal.
281.346(4e)(d)
(d) After receiving an estimate under
par. (c), a person making a withdrawal may provide the department with information relating to any of the following:
281.346(4e)(d)1.
1. The components of the water supply system used for the withdrawal as of December 8, 2008.
281.346(4e)(d)2.
2. Seasonal variations in the amount of water supplied by the water supply system.
281.346(4e)(d)3.
3. Plans for expanding the capacity of the water supply system submitted to the department before December 8, 2008.
281.346(4e)(d)4.
4. Amounts withdrawn during the 5 years before the year in which the person submits the information.
281.346(4e)(d)5.
5. Successful water conservation efforts by persons using the water that is withdrawn.
281.346(4e)(d)6.
6. Water loss from consumptive uses of similar types of users compared to the water loss from consumptive use of persons using the water that is withdrawn.
281.346(4e)(e)
(e) Except as provided in
par. (f), the department shall determine the baseline for a withdrawal based on the estimate under
par. (b) and the department's evaluation of any information provided under
par. (d). The department may not consider information provided by any other person.
281.346(4e)(f)
(f) For a public water supply system that, on June 11, 2008, has approval under
s. 281.41 to provide water from the Great Lakes basin for public water supply purposes outside of the Great Lakes basin and approval under
s. 283.31 to return the associated wastewater to the Great Lakes basin, the department shall determine the baseline to be the amount of water necessary to provide water for public water supply purposes in the service territory specified in the sewer service area provisions of the areawide water quality management plan under
s. 283.83 approved by the department before December 31, 2007, based on the population and related service projections in those provisions.
281.346(4e)(g)
(g) The department's determination of a baseline under
par. (e) or
(f) is not subject to administrative review under
ch. 227 except at the request of the person making the withdrawal.
281.346(4e)(h)
(h) If 2 or more public water supply systems merge after the department determines their baselines under
par. (e) and before the department issues the initial individual permits under
sub. (5) (c) for the systems, the baseline for the new system is the sum of the amounts determined under
par. (e) for the individual systems.
281.346(4g)
(4g) Determining withdrawal amounts for preexisting withdrawals. 281.346(4g)(a)(a) Before issuing automatic notice of coverage under a general permit under
sub. (4s) or an automatic individual permit under
sub. (5) (c) for a withdrawal from the Great Lakes basin for which the department is required to issue automatic notice of coverage or an automatic individual permit, the department shall determine a withdrawal amount for the withdrawal under this subsection.
281.346(4g)(b)
(b) Except as provided in
par. (c), the withdrawal amount for a withdrawal under this subsection is the same as the baseline determined under
sub. (4e).
281.346(4g)(c)1.1. Except as provided in
subd. 3., if a person making a withdrawal has increased the amount of the withdrawal over the baseline before the department issues an automatic notice of coverage under a general permit under
sub. (4s) or an automatic individual permit under
sub. (5) (c), the department shall specify a withdrawal amount that is, except as provided in
subd. 2., equal to the smallest of the following amounts:
281.346(4g)(c)1.a.
a. The maximum hydraulic capacity of the most restrictive component of the water supply system used for the withdrawal for which the person has approval under
s. 30.12,
30.18,
281.34, or
281.41 or s.
281.17, 2001 stats., or, if an approval under one of those provisions is not required for the most restrictive component of the water supply system, the maximum hydraulic capacity of the most restrictive component in the water supply system used for the withdrawal.
281.346(4g)(c)2.
2. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the smallest amount under
subd. 1. a. or
b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.
