2022 Wisconsin Statutes & Annotations
Chapter 281 - Water and sewage.
281.348 - Water supply service area plans for public water supply systems.

281.348 Water supply service area plans for public water supply systems.

(1) Definitions. In this section:

(a) “Compact's effective date" means the effective date of the Great Lakes — St. Lawrence River Basin Water Resources Compact under s. 281.343 (9) (d).

(b) “Cost-effectiveness analysis" means a systematic comparison of alternative means of providing a water supply in order to identify alternatives that will minimize total resources costs and maximize environmental benefits over a planning period.

(c) “Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec.

(cm) “Great Lakes council” means the Great Lakes — St. Lawrence River Basin Water Resources Council, created under s. 281.343 (2) (a).

(d) “Public water supply" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities that serve a group of largely residential customers and that may also serve industrial, commercial, and other institutional customers.

(e) “Total resources costs" includes monetary costs and direct and indirect environmental as well as other nonmonetary costs.

(f) “Withdraw" means to take water from surface water or groundwater.

(g) “Withdrawal" means the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water.

(2) Determinations concerning applicability of requirements.

(a) For the purposes of this section, the surface water divide is used to determine whether a withdrawal of surface water or groundwater is from the Great Lakes basin.

(b) For the purposes of this section, the withdrawal of water from more than one source within the Great Lakes basin to supply a common distribution system is considered one withdrawal.

(3) Requirements.

(a)

1. The department shall establish, by rule, and administer a continuing water supply planning process for the preparation of water supply plans for persons operating public water supply systems. The period covered by a plan under this subsection may not exceed 20 years. A regional planning commission may prepare plans for persons operating public water supply systems.

2. A person operating a public water supply system that serves a population of 10,000 or more and that withdraws water from the waters of the state shall prepare a plan under this section no later than December 31, 2025.

3. A person operating a public water supply system shall obtain department approval of a water supply service area plan that provides for a new or increased diversion that requires approval under s. 281.346 (4) or a new or increased withdrawal that requires approval under s. 281.346 (4s) or (5).

4. Except as provided in subd. 3., a person operating a public water supply system is not required to obtain department approval of a water supply service area plan.

(b) The department shall include in the process under par. (a) procedures and requirements for all of the following:

1. Public review and comment on a proposed plan. For a plan prepared after the compact's effective date covering a public water supply system that withdraws water from the Great Lakes basin, the procedures and requirements under this subdivision shall be consistent with s. 281.343 (6) (b).

2. Submission of the plan to the governing body of each city, village, and town whose public water supply is addressed by the plan.

2e. Submission of the plan to the department if department approval is required under par. (a) 3.

2m. Approval of the plan by the department if department approval is required under par. (a) 3.

3. Ensuring that plans remain current.

5. Reopening or reconsideration by the department of a previously approved plan.

(bm) A person preparing a plan under par. (a) shall consider existing regional water needs assessments and other regional water supply planning information.

(c) A person preparing a plan under par. (a) shall include all of the following in the plan:

1. Delineation of the area for which the plan is being prepared.

1m. If department approval is required, delineation of proposed water supply service areas for each public water supply system making a withdrawal covered by the plan, except as provided in par. (cr).

2. An inventory of the sources and quantities of the current water supplies in the area.

3. A forecast of the demand for water in the area over the period covered by the plan.

3m. Identification of the existing population and population density of the area for which the plan is prepared and forecasts of the expected population of the area during the period covered by the plan based on growth projections for the area and municipally planned population densities.

4. Identification of options for supplying water in the area for the period covered by the plan that are approvable under other applicable statutes and rules.

4m. A cost-effectiveness analysis of regional and individual water supply and water conservation alternatives if the plan provides for a new or increased diversion requiring approval under s. 281.346 (4) or a new or increased withdrawal requiring approval under s. 281.346 (4s) or (5).

5. An assessment of the environmental and economic impacts of carrying out specific significant recommendations of the plan.

6. A demonstration that the plan will effectively utilize existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

7. Identification of the procedures for implementing and updating the plan.

8. An analysis of how the plan supports and is consistent with applicable comprehensive plans, as defined in s. 66.1001 (1) (a), and applicable approved areawide water quality management plans under s. 283.83.

9. Other information specified by the department.

(cm) For the purposes of plans under par. (a), an areawide water quality planning agency designated by the governor under ch. NR 121, Wis. Adm. Code, may provide regional water needs assessments and other regional water supply planning information.

(cr) For the purposes of plans under par. (a), if the Great Lakes council approves a diversion area for a public water supply system proposing to make a diversion from the Great Lakes basin under s. 281.346 (4) (e), that diversion area shall be the delineated water supply service area for purposes of this section and does not need to be consistent with the approved areawide water quality management plan under s. 283.83 for the planning area.

(d) If department approval of a plan is required, the department may not approve a plan unless all of the following apply:

1. The plan provides for a water supply system that is approvable under this section and other applicable statutes and rules based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

2. The plan will effectively utilize existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

3. The plan is consistent with applicable comprehensive plans, as defined in s. 66.1001 (1) (a).

5. Beginning on December 8, 2011, if the plan covers a public water supply system that withdraws water from the Great Lakes basin, the plan complies with any applicable requirements in s. 281.346 (5e).

(e) The department shall specify in its approval of a plan under this section a water supply service area for each public water supply system making a withdrawal covered by the plan. The department may not limit water supply service areas based on jurisdictional boundaries, except as necessary to prevent waters of the Great Lakes basin from being transferred from a county that lies completely or partly within the Great Lakes basin into a county that lies entirely outside the Great Lakes basin, or except where the water supply service area is delineated by a diversion area approved by the Great Lakes council under par. (cr).

(f) A person applying for an approval under s. 281.344 (4) or 281.346 (4) may use elements of an approved plan under this subsection to show compliance with requirements under s. 281.344 (4) or 281.346 (4) to which the plan is relevant.

(4) Withdrawal amount in certain plans. If a plan under this section that covers a public water supply system making a withdrawal from the Great Lakes basin requires department approval, the department shall specify a withdrawal amount for the public water supply system equal to the greatest of the following:

(a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.

(b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5) when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s) when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i) when the department approves the plan.

(5) Water supply service area. A water supply service area plan prepared under this section does not create, establish, or evidence an obligation for any water utility to provide service to the service area delineated or covered in the plan. The public service commission may not require a water utility to extend or provide service to an area on the basis of the provisions of a plan.

History: 2007 a. 227; 2009 a. 28; 2017 a. 38; 2021 a. 126.