(1) Definitions. In this section:
(a) "Approval" means a permit issued under s. 30.18 or an approval under s. 281.17 (1) , 2001 stats., or s. 281.34 or 281.41 .
(b) "Authorized base level of water loss" means any of the following:
1. The maximum 30-day average water loss authorized as a condition of an approval.
2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 30.18 (6) (c) , 196.98 , 281.34 , or 281.41 or s. 281.17 (1) , 2001 stats.
3. If there is no water loss from an existing withdrawal, zero gallons per day.
(c) "Consumptive use" means a use of waters of the state, other than an interbasin diversion, that results in a failure to return any or all of the water to the basin from which it is withdrawn. "Consumptive uses" include, but are not limited to, evaporation and incorporation of water into a product or agricultural crop.
(d) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois Rivieres, Quebec.
(e) "Great Lakes charter" means the document establishing the principles for the cooperative management of Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985.
(f) "Great Lakes region" means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin, the commonwealth of Pennsylvania and the provinces of Ontario and Quebec, Canada.
(g) "Interbasin diversion" means a transfer of the waters of the state from either the Great Lakes basin or the upper Mississippi River basin to any other basin.
(h) "International joint commission" means the commission established by the boundary water agreement of 1909 between the United States and Canada.
(i) "Person" has the meaning given in s. 281.01 (9) and also includes special purpose districts established under s. 66.0827 , other states and provinces and political subdivisions of other states and provinces.
(j) "Upper Mississippi River basin" means the watershed of the Mississippi River upstream from Cairo, Illinois.
(k) "Upper Mississippi River region" means the geographic region composed of the states of Illinois, Iowa, Minnesota, Missouri and Wisconsin.
(L) "Water loss" means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.
(m) "Withdrawal" means the removal or taking of water from the waters of the state.
(2) Aggregation of multiple withdrawals.
(a) In calculating the total amount of an existing or proposed withdrawal for purposes of determining the applicability of sub. (3) , a person shall include all separate withdrawals which the person makes or proposes to make for a single use or for related uses.
(b) In calculating the total amount of an existing or proposed water loss for purposes of determining the applicability of sub. (4) , a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use or for related uses.
(3) Registration required.
(a)
1. Except as provided in par. (b) , any person who, on January 1, 1986, is making a withdrawal averaging more than 100,000 gallons per day in any 30-day period shall register the withdrawal with the department before July 1, 1987.
2. Except as provided in par. (b) , any person who, on or after January 1, 1986, proposes to begin a withdrawal that will average more than 100,000 gallons per day in any 30-day period shall register the proposed withdrawal with the department.
(am) A registration under par. (a) shall contain a statement of and supporting documentation for all of the following:
1. The source of the proposed or existing withdrawal.
2. The location of any discharge or return flow.
3. The location and nature of the proposed or existing water use.
4. The actual or estimated average annual and monthly volumes and rates of withdrawal.
5. The actual or estimated average annual and monthly volumes and rates of water loss from the withdrawal.
(b) Paragraph (a) does not apply to any of the following:
1. A person making a withdrawal who has been issued an approval and, as a condition of the approval, is reporting the volume and rate of withdrawal and, if applicable, the volume and rate of water loss from the withdrawal to the department or, if the person is a public utility, to the public service commission.
2. A person who is required to comply with sub. (4) before beginning the proposed withdrawal.
3. A person holding a permit under s. 283.31 or the federal water pollution control act, as amended, 33 USC 1251 to 1376 , for whom the department has established a water loss coefficient, based on flow diagrams and other water use information provided by the permittee, that the department uses to calculate the permittee's water loss.
(c) Each person who registers a withdrawal under par. (a) shall report the volume and rate of withdrawal and, if applicable, the volume and rate of water loss from the withdrawal to the department in the form and at the times required by the department.
(4) Water loss approval required.
(a) This subsection applies to all of the following:
1. A person to whom a permit has been issued under s. 30.18 or who is required to obtain a permit under that section before beginning or increasing a withdrawal.
2. A person who is operating a well under an approval issued under s. 281.17 (1) , 2001 stats.
2m. A person who is operating a well under an approval issued under s. 281.34 or who is required to obtain an approval under that section before constructing a well.
3. An owner who is operating a system or plant under plans approved under s. 281.41 or who is required to submit plans and obtain an approval under that section before construction or extension of a proposed system or plant.
(b) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18 , 281.34 , or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:
1. The person proposes to begin a new withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.
2. The person proposes to increase an existing withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.
(5) Application; approval; denial.
(a) Application. An application under sub. (4) (b) shall contain a statement of and documentation for all of the following:
1. The current operating capacity of the withdrawal system, if the proposed increase requires the expansion of an existing system.
2. The total new or increased operating capacity of the withdrawal system.
3. The place and source of the proposed withdrawal.
4. The place of the proposed discharge or return flow.
5. The place and nature of the proposed water use.
6. The estimated average annual and monthly volumes and rates of withdrawal.
7. The estimated average annual and monthly volumes and rates of water loss.
8. The anticipated effects, if any, that the withdrawal will have on existing uses of water resources and related land uses both within and outside of the Great Lakes basin or the upper Mississippi River basin.
9. Any land acquisition, equipment, energy consumption or the relocation or resiting of any existing community, facility, right-of-way or structure that will be required.
10. The total anticipated costs of any proposed construction.
11. A list of all federal, state, provincial and local approvals, permits, licenses and other authorizations required for any proposed construction.
13. A statement as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under ss. 281.12 (1) and 283.83 and the requirements specified in any water quantity resources plan under sub. (8) .
14. A description of other ways the applicant's need for water may be satisfied if the application is denied or modified.