SB1,121,3 f. The department conducts a technical review.

SB1,121,5 g. The department notifies the regional body as required in s. 281.343 (4h) (b) 1.

SB1,121,6 h. The proposal undergoes regional review.

SB1,121,8 i. The department considers the regional declaration of finding in determining whether to approve the proposal.

SB1,121,9 j. The proposal is approved by the Great Lakes council.

SB1,121,15 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.

SB1,121,17 (f) Exception standard. A proposal meets the exception standard if all of the following apply:

SB1,121,20 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).

SB1,121,22 2. The diversion is limited to quantities that are reasonable for the purposes for which the diversion is proposed.

SB1,121,25 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 An amount of water equal to the amount of water withdrawn from the Great Lakes basin will be returned to the source watershed, less an allowance for consumptive use.

SB1,122,3 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at which the water is returned to the source watershed is as close as practicable to the place at which the water is withdrawn, unless the applicant demonstrates that returning the water at that place is one of the following:

SB1,122,4 a. Not economically feasible.

SB1,122,5 b. Not environmentally sound.

SB1,122,6 c. Not in the interest of public health.

SB1,122,8 4. No water from outside the Great Lakes basin will be returned to the source watershed unless all of the following apply:

SB1,122,10 a. The returned water is from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.

SB1,122,13 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.

SB1,122,17 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.

SB1,122,24 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.

SB1,123,6 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.

SB1,123,9 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.

SB1,123,12 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.

SB1,123,19 (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.

SB1,123,23 (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.

SB1,124,4 (4e) Determining withdrawal amounts for withdrawals with interim approvals. (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 that is covered by an interim approval under s. 281.344 (5m), the department shall determine a withdrawal amount for the withdrawal under this subsection.

SB1,124,9 (b) 1. Except as provided in subds. 2. and 3e. and par. (f), the department shall estimate the withdrawal amount 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 the compact's effective date, based on information available to the department.

SB1,124,14 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 withdrawal amount equal to the limit in the approval.

SB1,124,20 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 withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.

SB1,124,22 (c) The department shall provide the estimate under par. (b) for a withdrawal to the person making the withdrawal.