Section 142.07. Great Lakes basin water loss.

 

(1)   Consultation required. If the department receives an application that, if approved, will result in a new water loss to the Great Lakes basin averaging more than 5,000,000 gallons per day in any 30-day period, or an increase in a withdrawal by an amount that will result in a water loss averaging 5,000,000 gallons per day in any 30-day period above the applicant's authorized base level of water loss, the department shall notify the office of the governor or premier and the agency responsible for management of water resources in each state and province of the Great Lakes region and, if required under the boundary waters treaty of 1909, the international joint commission. The department shall also request each state and province in the Great Lakes region to comment on the application.

(2)   Department response.

(a) In making its determination on an application reviewed under this section, the department shall consider any comments that are received within 45 days after each state and province of the Great Lakes region has been notified of the proposed diversion.

(b) If a written request is received from a governor or premier, or designated representative of a state or province of the Great Lakes region, the department shall convene a consultation meeting of these states and provinces to discuss the application. The department shall provide at least 30 days notice of this consultation meeting to the governors or premiers, or their designated representatives.

(c) If a consultation meeting is convened, the department shall provide the states and provinces of the Great Lakes region a draft decision memorandum which shall include findings of fact and its proposed decision to deny, approve, or conditionally approve the application.

(d) Prior to issuing a final decision on the application, the department shall allow 30 days for the states and provinces of the Great Lakes region to provide written comments on the draft decision memorandum.

(e) The department's final notice of decision shall be distributed to the states and provinces of the Great Lakes region within 15 days after permit issuance or denial.

History: Cr. Register, October, 1988, No. 394 , eff. 11-1-88.