281.343(4n)(b)3.
3. If the proposal results in a new or increased consumptive use of 5,000,000 gallons per day or greater average over any 90-day period:
281.343(4n)(b)3.a.
a. The proposal shall be subject to management and regulation by the originating party and shall meet the exception standard, ensuring that water withdrawn shall be returned to the source watershed;
281.343(4n)(b)3.b.
b. The applicant shall demonstrate that there is no feasible, cost-effective, and environmentally sound water supply alternative within the Great Lake watershed to which the water will be transferred, including conservation of existing water supplies;
281.343(4n)(b)3.d.
d. The proposal is approved by the council. Council approval shall be given unless one or more council members vote to disapprove.
281.343(4n)(c)1.1. A proposal to transfer water to a community within a straddling county that would be considered a diversion under this compact shall be excepted from the prohibition against diversions, provided that it satisfies all of the following conditions:
281.343(4n)(c)1.a.
a. The water shall be used solely for the public water supply purposes of the community within a straddling county that is without adequate supplies of potable water;
281.343(4n)(c)1.b.
b. The proposal meets the exception standard, maximizing the portion of water returned to the source watershed as basin water and minimizing the surface water or groundwater from outside the basin;
281.343(4n)(c)1.c.
c. The proposal shall be subject to management and regulation by the originating party, regardless of its size;
281.343(4n)(c)1.d.
d. There is no reasonable water supply alternative within the basin in which the community is located, including conservation of existing water supplies;
281.343(4n)(c)1.e.
e. Caution shall be used in determining whether or not the proposal meets the conditions for this exception. This exception should not be authorized unless it can be shown that it will not endanger the integrity of the basin ecosystem;
281.343(4n)(c)1.g.
g. The proposal is approved by the council. Council approval shall be given unless one or more council members vote to disapprove.
281.343(4n)(c)2.
2. A proposal must satisfy all of the conditions listed above. Further, substantive consideration will also be given to whether or not the proposal can provide sufficient scientifically based evidence that the existing water supply is derived from groundwater that is hydrologically interconnected to waters of the basin.
281.343(4n)(d)
(d)
Exception standard. Proposals subject to management and regulation in this subsection shall be declared to meet this exception standard and may be approved as appropriate only when the following criteria are met:
281.343(4n)(d)1.
1. The need for all or part of the proposed exception cannot be reasonably avoided through the efficient use and conservation of existing water supplies;
281.343(4n)(d)2.
2. The exception will be limited to quantities that are considered reasonable for the purposes for which it is proposed;
281.343(4n)(d)3.
3. All water withdrawn shall be returned, either naturally or after use, to the source watershed less an allowance for consumptive use. No surface water or groundwater from outside the basin may be used to satisfy any portion of this criterion except if it:
281.343(4n)(d)3.a.
a. Is part of a water supply or wastewater treatment system that combines water from inside and outside of the basin; and
281.343(4n)(d)3.b.
b. Is treated to meet applicable water quality discharge standards and to prevent the introduction of invasive species into the basin;
281.343(4n)(d)4.
4. The exception will be implemented so as to ensure that it will result in no significant individual or cumulative adverse impacts to the quantity or quality of the waters and water dependent natural resources of the basin with consideration given to the potential cumulative impacts of any precedent-setting consequences associated with the proposal;
281.343(4n)(d)5.
5. The exception will be implemented so as to incorporate environmentally sound and economically feasible water conservation measures to minimize water withdrawals or consumptive use;
281.343(4n)(d)6.
6. The exception will be implemented so as to ensure that it is in compliance with all applicable municipal, state, and federal laws as well as regional interstate and international agreements, including the Boundary Waters Treaty of 1909; and
281.343(4n)(d)7.
7. All other applicable criteria in this subsection have also been met.
281.343(4p)
(4p) Water management and regulation; management and regulation of new or increased withdrawals and consumptive uses. 281.343(4p)(a)(a) Within 5 years of the effective date of this compact, each party shall create a program for the management and regulation of new or increased withdrawals and consumptive uses by adopting and implementing measures consistent with the decision-making standard. Each party, through a considered process, shall set and may modify threshold levels for the regulation of new or increased withdrawals in order to assure an effective and efficient water management program that will ensure that uses overall are reasonable, that withdrawals overall will not result in significant impacts to the waters and water dependent natural resources of the basin, determined on the basis of significant impacts to the physical, chemical, and biological integrity of source watersheds, and that all other objectives of the compact are achieved. Each party may determine the scope and thresholds of its program, including which new or increased withdrawals and consumptive uses will be subject to the program.
281.343(4p)(b)
(b) Any party that fails to set threshold levels that comply with
par. (a) any time before 10 years after the effective date of this compact shall apply a threshold level for management and regulation of all new or increased withdrawals of 100,000 gallons per day or greater average in any 90-day period.
281.343(4p)(c)
(c) The parties intend programs for new or increased withdrawals and consumptive uses to evolve as may be necessary to protect basin waters. Pursuant to
sub. (3) (d), the council, in cooperation with the provinces, shall periodically assess the water management programs of the parties. Such assessments may produce recommendations for the strengthening of the programs, including, without limitation, establishing lower thresholds for management and regulation in accordance with the decision-making standard.