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(a) All water withdrawn shall be returned, either naturally or after use, to the
20source watershed less an allowance for consumptive use;
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(b) The withdrawal or consumptive use will be implemented so as to ensure
22that the proposal will result in no significant individual or cumulative adverse
23impacts to the quantity or quality of the waters and water dependent natural
24resources and the applicable source watershed;
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1(c) The withdrawal or consumptive use will be implemented so as to incorporate
2environmentally sound and economically feasible water conservation measures;
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(d) The withdrawal or consumptive use will be implemented so as to ensure
4that it is in compliance with all applicable municipal, state, and federal laws as well
5as regional interstate and international agreements, including the Boundary Waters
6Treaty of 1909; and
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(e) The proposed use is reasonable, based upon a consideration of the following
8factors:
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1. Whether the proposed withdrawal or consumptive use is planned in a fashion
10that provides for efficient use of the water and will avoid or minimize the waste of
11water;
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2. If the proposal is for an increased withdrawal or consumptive use, whether
13efficient use is made of existing water supplies;
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3. The balance between economic development, social development, and
15environmental protection of the proposed withdrawal and use and other existing or
16planned withdrawals and water uses sharing the water source;
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4. The supply potential of the water source, considering quantity, quality, and
18reliability and safe yield of hydrologically interconnected water sources;
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5. The probable degree and duration of any adverse impacts caused or expected
20to be caused by the proposed withdrawal and use, under foreseeable conditions, to
21other lawful consumptive or nonconsumptive uses of water or to the quantity or
22quality of the waters and water dependent natural resources of the basin, and the
23proposed plans and arrangements for avoidance or mitigation of such impacts; and
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6. If a proposal includes restoration of hydrologic conditions and functions of
25the source watershed, the party may consider that.
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1(4t) Water management and regulation; applicability. (a)
Minimum
2standard. This standard of review and decision shall be used as a minimum
3standard. Parties may impose a more restrictive decision-making standard for
4withdrawals under their authority. It is also acknowledged that although a proposal
5meets the standard of review and decision it may not be approved under the laws of
6the originating party that has implemented more restrictive measures.
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(b)
Baseline. 1. To establish a baseline for determining a new or increased
8diversion, consumptive use, or withdrawal, each party shall develop either or both
9of the following lists for the party's jurisdiction:
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a. A list of existing withdrawal approvals as of the effective date of the compact.
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b. A list of the capacity of existing systems as of the effective date of this
12compact. The capacity of the existing systems should be presented in terms of
13withdrawal capacity, treatment capacity, distribution capacity, or other capacity
14limiting factors. The capacity of the existing systems must represent the state of the
15systems. Existing capacity determinations shall be based upon approval limits or
16the most restrictive capacity information.
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2. For all purposes of this compact, volumes of diversions, consumptive uses,
18or withdrawals of water set forth in the lists prepared by each party in accordance
19with this paragraph shall constitute the baseline volume.
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3. The lists shall be furnished to the regional body and the council within one
21year of the effective date of this compact.
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(c)
Timing of additional applications. Applications for new or increased
23withdrawals, consumptive uses, or exceptions shall be considered cumulatively
24within 10 years of any application.
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1(d)
Change of ownership. Unless a new owner proposes a project that shall
2result in a proposal for a new or increased diversion or consumptive use subject to
3regional review or council approval, the change of ownership in and of itself shall not
4require regional review or council approval.
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(e)
Groundwater. The basin surface water divide shall be used for the purpose
6of managing and regulating new or increased diversions, consumptive uses, or
7withdrawals of surface water and groundwater.
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(f)
Withdrawal systems. The total volume of surface water and groundwater
9resources that supply a common distribution system shall determine the volume of
10a withdrawal, consumptive use, or diversion.
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(g)
Connecting channels. The watershed of each Great Lake shall include its
12upstream and downstream connecting channels.
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(h)
Transmission in water lines. Transmission of water within a line that
14extends outside the basin as it conveys water from one point to another within the
15basin shall not be considered a diversion if none of the water is used outside the basin.
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(i)
Hydrologic units. The Lake Michigan and Lake Huron watersheds shall be
17considered to be a single hydrologic unit and watershed.
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(j)
Bulk water transfer. A proposal to withdraw water and to remove it from the
19basin in any container greater than 5.7 gallons shall be treated under this compact
20in the same manner as a proposal for a diversion. Each party shall have the
21discretion, within its jurisdiction, to determine the treatment of proposals to
22withdraw water and to remove it from the basin in any container of 5.7 gallons or less.
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23(4v) Water management and regulation; exemptions. Withdrawals from the
24basin for the following purposes are exempt from the requirements of subs. (4) to (4z):
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1(a) To supply vehicles, including vessels and aircraft, whether for the needs of
2the persons or animals being transported or for ballast or other needs related to the
3operation of the vehicles.
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(b) To use in a noncommercial project on a short-term basis for fire fighting,
5humanitarian, or emergency response purposes.
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6(4x) Water management and regulation; U.S. Supreme Court decree in
7Wisconsin et al. v. Illinois et al. (a) Notwithstanding any terms of this compact to
8the contrary, with the exception of par. (e), current, new, or increased withdrawals,
9consumptive uses, and diversions of basin water by the state of Illinois shall be
10governed by the terms of the United States Supreme Court decree in
Wisconsin et al.
11v. Illinois et al. and shall not be subject to the terms of this compact nor any rules or
12regulations promulgated pursuant to this compact. This means that, with the
13exception of par. (e), for purposes of this compact, current, new, or increased
14withdrawals, consumptive uses, and diversions of basin water within the state of
15Illinois shall be allowed unless prohibited by the terms of the United States Supreme
16Court decree in
Wisconsin et al. v. Illinois et al.