CR 23-049 Rule Text

The statement of scope for this rule, SS 025-22, was approved by the Governor on March 24, 2022, published in Register No. 796A1 on April 4, 2022, and approved by the Natural Resources Board on June 22, 2022. This rule was approved by the Governor on February 1, 2024.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD CREATING RULES

The Wisconsin Natural Resources Board adopts an order to create NR 854 relating to statewide water supply service area planning for municipalities serving populations greater than 10,000 people.

DG-02-22

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Sections 281.346 and 281.348, Stats.

2. Statutory Authority: Sections 281.19(1) and 281.348, Stats.

3. Explanation of Agency Authority: Section 281.19(1), Stats., authorizes the department to adopt rules applicable throughout the state for the construction, installation, and use and operation of practicable and available systems, methods and means for preventing and abating pollution of the waters of the state.

Section 281.348, Stats., directs the department to promulgate and administer rules to develop a continuing water supply service area planning process for persons operating public water supply systems. Specifically, s. 281.348(3)(a)1., Stats., states: “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 systems.” Section 281.348(3)(b), Stats. directs the department to include certain specific procedures in the rulemaking explicitly authorized under s. 281.348(3)(a)(1). Section 281.348(3)(c)9. authorizes the department to require other information in a public water system’s water supply service area plan. Section 281.346(4), (4s), and (5), Stats., require department-approved water supply service area plans for purposes of completing certain applications for diversions and withdrawal permits.

4. Related Statutes or Rules: Section 281.346, Stats., governs the state’s implementation of the Great Lakes – St. Lawrence River Basin Water Resources Compact. Section 281.35, Stats., governs the state’s water resources conservation and management. Other related administrative rules include ch. NR 850, Wis. Adm. Code, Water Use Fees; ch. NR 852, Wis. Adm. Code, Water Conservation and Water Use Efficiency; ch. NR 856, Wis. Adm. Code, Water Use Registration and Reporting; and ch. NR 860, Wis. Adm. Code, Water Use Permitting.

In addition, board order DG-03-22 is currently under development to create ch. NR 851, Wis. Adm. Code, Management of Great Lakes Diversions.

5. Plain Language Analysis: Section 281.348, Stats. requires certain public water systems to prepare water supply service area plans by December 31, 2025. A water supply service area plan documents long-term planning to demonstrate that a public water supply system can supply an adequate and sustainable amount of water in a manner that meets the requirements of s. 281.348, Stats., and where applicable, the requirements of the Great Lakes – St. Lawrence River Basin Water Resources Compact.

The rule will establish a continuing water supply service area planning process for public water supply systems in Wisconsin that serve a population of 10,000 or more. In addition, submittal and department approval of a water supply service area plan is required by statute for the following:



Public water supply systems of any size proposing new or increased diversions of water from the Great Lakes basin under s. 281.346 (4), Stats.



Public water supply systems proposing new or increased withdrawals from the Great Lakes basin under s. 281.346 (4g), (4s), or (5), Stats.

The rule contains the same water supply service area plan requirements as the statute in s.

281.348(3), Stats.:



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



Inventory of the sources and quantity of water supply in the area.



Forecast of water demands, including population projections.



Identification of water supply options.



Assessment of environmental and economic impacts of carrying out significant recommendations of the plan.



Demonstration that the plan will utilize existing water supply and wastewater

infrastructure to the extent practicable.



Procedures for implementing and updating the plan.



Consistency with applicable comprehensive and areawide water quality management

plans.

In addition, water supply service area plans that require department approval need to include:



Delineation of the proposed water supply service areas for each public water supply

system making a withdrawal or receiving a diversion covered by the plan.



A cost-effective analysis of regional and individual water supply and water conservation

alternatives.

Section 281.348(3)(b), Stats., also requires that the rule include procedures for the

following:



Public review and comment on the proposed water supply service area plan.



Submission of the plan to governing body(s) of municipalities whose water supply is

addressed by the plan.



Submission and approval of the plan to the department, if required.



Revisions to a previously approved plan.

6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:

There are no comparable federal regulations pertaining to water supply service area planning for water withdrawal-related activities regulated under the Great Lakes – St. Lawrence River Basin Water Resource Compact.

7. If Held, Summary of Comments Received During Preliminary Comment Period and at Public Hearing on the Statement of Scope: The department held a preliminary public hearing on the statement of scope for this rule on June 3, 2022. One member of the public attended the preliminary hearing and did not provide comments. The department did not receive any written comments on the scope statement during the preliminary comment period.