NR 851.11 Note
Note: Section
281.346 (1) (z), Stats., reads as follows: “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.
NR 851.11 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; (3) renumbered to (3m) under s. 13.92 (4) (b) 1., Stats., and correction in (13) made under s. 35.17, Stats., Register June 2024 No. 822. NR 851.12
NR 851.12 Prohibitions. No person may begin a new diversion or increase the amount of a diversion or preexisting diversion over the amount specified in an approval, except as authorized under s.
281.346 (4) (c),
(d), or
(e), Stats., and this chapter.
NR 851.12 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.13(1)(1)
Persons responsible for obtaining, requesting amendment, and complying with the terms of a diversion approval are as follows:
NR 851.13(1)(a)
(a) For a diversion to a straddling community or a diversion to a community in a straddling county, the person who owns or operates the public water supply system that receives or would receive water diverted from the Great Lakes basin.
NR 851.13(1)(b)
(b) For intrabasin transfers, the person who transfers the Great Lakes water.
NR 851.13(1)(c)
(c) For preexisting diversion approvals, the person named on the preexisting approval, or the person the department has approved for a transfer of the preexisting approval.
NR 851.13(2)
(2) The department may issue a diversion approval for a straddling community or a community in a straddling county only to the person who owns and operates a public water supply system.
NR 851.13(3)
(3) Operators of 2 or more public water supply systems may submit a joint application under subch.
II or
IV.
NR 851.13(4)
(4) The department may provide and require the use of forms for purposes of applying for a diversion or for annual reporting purposes.
NR 851.13 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.14(1)(1)
An applicant shall pay to the department a review fee of $5,000 at the time the applicant submits the application.
NR 851.14(2)
(2) The department may not review an application under this chapter until the applicant submits the review fee.
NR 851.14(3)
(3) If the application requires review by the Great Lakes council or regional body, the applicant shall pay to the department an amount equal to any fees imposed on the state by the Great Lakes council or regional body.
NR 851.14 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.15
NR 851.15 Enforcement. A person violating this chapter or an approval under this chapter may be subject to penalties specified under s.
281.346 (14), Stats., including all of the following:
NR 851.15(5)
(5) Orders that the person take or refrain from taking any action necessary to eliminate or minimize any environmental damage caused by the violation.
NR 851.15 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.20
NR 851.20
Applicability.
This subchapter applies to any person proposing a new or increased straddling community diversion. No person may begin a new or increased straddling community diversion until the person applies for and obtains approval from the department.
NR 851.20 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.21
NR 851.21 Straddling community diversion application. NR 851.21(1)(1)
A person seeking to begin a new or increased straddling community diversion shall contact the department prior to applying for a diversion.
NR 851.21(2)
(2) A person seeking to begin a new or increased straddling community diversion shall submit an application to the department, including all of the following information:
NR 851.21(2)(a)
(a) The name, mailing address, telephone number, and email address of the applicant, and the name, mailing address, telephone number, and email address of the primary point of contact, if it differs from the applicant.
NR 851.21(2)(b)
(b) The name, mailing address, telephone number, and email address of any person, other than the applicant, that is involved in withdrawing water from or returning water to the Great Lakes basin. The person shall provide evidence in the form of a letter or resolution that the person supports the proposal, has the capacity to withdraw or return the water for the applicant, and is willing to negotiate a contract with the applicant.
NR 851.21(2)(c)
(c) Documentation that the proposed diversion will be used solely for public water supply purposes.
NR 851.21(2)(d)
(d) Information on valid contracts and border agreements related to water supply or wastewater, if applicable.
NR 851.21(2)(e)
(e) The source watershed and the waterbody from which the water will be diverted. The applicant shall specify if the source is surface water, including the name of the waterbody, or groundwater including the aquifer name.
NR 851.21(2)(f)
(f) The requested diversion volume expressed in millions of gallons per day, averaged over each calendar year.
NR 851.21(2)(g)
(g) The requested diversion volume for the projected peak 30-day period, and projected peak 90-day period, during a calendar year.
NR 851.21(2)(h)
(h) The estimated consumptive use associated with the proposal, in any 90-day period.
NR 851.21(2)(i)
(i) Documentation that the proposed diversion quantity is reasonable for the purpose for which the diversion is proposed.
NR 851.21(2)(j)
(j) A statement of whether the proposed diversion will be continuous, temporary, or seasonal.
NR 851.21(2)(k)
(k) The location of the point of measurement and the technical method that will be used for measuring the diversion volume.
NR 851.21(2)(L)
(L) An approved water supply service area plan developed and approved under ch.
NR 854, or a water supply service area plan that is being submitted simultaneously with the diversion application for department review and approval under ch.
NR 854, unless the proposal is to provide water to a straddling community that includes an electronics and information technology manufacturing zone designated under s.
238.396 (1m), Stats.
NR 851.21(2)(m)
(m) Maps of the area that include the approved or proposed water supply service area, the proposed area to be served diverted water, the sewer service area, and the location where the water will be returned to the Great Lakes basin.
NR 851.21(2)(n)
(n) A list of all required department approvals or permits related to the diversion, including any approval or permits issued under s.
30.12,
30.18,
281.15,
281.34,
281.41, or
283.31, Stats., and the status of each application for the approval or permit at the time the list is submitted to the department.
NR 851.21(2)(p)
(p) Information to demonstrate all of the following related to return flow:
NR 851.21(2)(p)1.
1. The amount of water to be returned to the source watershed in gallons per day.
NR 851.21(2)(p)2.
2. If surface water or groundwater from outside the basin will be returned to the source basin, that the returned water will be from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.
NR 851.21(2)(p)3.
3. If surface water or groundwater from outside the basin will be returned to the source basin, that the returned water will be treated to meet applicable permit requirements under s.
283.31, Stats., and to prevent the introduction of invasive species into the Great Lakes basin.
NR 851.21(2)(p)4.
4. If surface water or groundwater from outside the basin will be returned to the source basin, strategies to reduce or minimize Mississippi River basin water in return flow to the Great Lakes basin.
NR 851.21(2)(q)
(q) Information about the potential impacts of the diversion on the waters of the Great Lakes basin and water-dependent natural resources. This information shall include the ratio of the amount diverted to the total volume of the waterbody from which the water is being diverted as a percentage.
NR 851.21(2)(r)
(r) Information regarding any other diversion applications or existing approved diversions the applicant has submitted or received.
NR 851.21(3)
(3) If the proposed diversion would result from a new withdrawal or an increase in a withdrawal that would average 100,000 gallons or more per day in any 90-day period, in addition to sub.
(2), the applicant shall submit application materials related to the exception standard under subch.
V.
NR 851.21(4)
(4) If the proposed diversion results in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period, in addition to sub.
(2), the applicant shall submit all of the following:
NR 851.21(4)(a)
(a) A description of the anticipated effects, if any, the proposed diversion and the construction of pipelines for the purpose of diverting water or returning water will have on existing uses of water resources and related land uses in the Great Lakes basin, including effects on all of the following:
NR 851.21(4)(a)2.
2. Other use sectors including industrial or commercial water use, commercial navigation use, thermoelectric power production, and agricultural water use.
NR 851.21(4)(a)3.
3. Fish and wildlife, including impacts on wetlands, fish spawning areas, and threatened and endangered species.
NR 851.21(4)(b)
(b) An analysis of the hydrologic setting for the source waterbody and the waterbody receiving the return flow, including consideration of groundwater, surface water, the connection between groundwater and surface water, and the general characteristics of the water bodies such as water availability, water quality, and habitat.
NR 851.21(4)(c)
(c) A description of any land acquisitions, equipment, or the relocation or re-siting of any water supply or wastewater facility, right-of-way, or structure that will be required.
NR 851.21(4)(d)
(d) A statement, with supporting materials, as to whether the diversion complies with all applicable plans developed under ch.
281 or s.
283.83, Stats.
NR 851.21 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (2) (a) made under s. 35.17, Stats., Register June 2024 No. 822. NR 851.22
NR 851.22 Straddling community diversion review.
NR 851.22(1)(1)
Upon receipt of an application for a straddling community diversion, and at any time during its review, the department may request from the applicant additional information, documentation, and materials necessary to complete or review the application. When the department determines an application is complete, it shall follow the applicable public notice and participation requirements under subch.
VII.
NR 851.22(2)
(2) The department may issue a straddling community diversion approval if all of the following apply:
NR 851.22(2)(a)
(a) The proposal is properly characterized as a straddling community diversion based on the boundaries of the city, village, or town to which the water is being diverted in relation to the Great Lakes basin.
NR 851.22(2)(b)
(b) The applicant owns or operates a public water supply system.
NR 851.22(2)(c)
(c) The diverted water is solely for public water supply purposes in the straddling community.
NR 851.22(2)(d)
(d) The proposal is consistent with an approved water supply service area plan under ch.
NR 854, unless the proposal is to provide water to a straddling community that includes an electronics and information technology manufacturing zone designated under s.
238.396 (1m), Stats.
NR 851.22(2)(e)
(e) The amount of the diversion is reasonable for the purpose for which the diversion is proposed.
NR 851.22(2)(g)
(g) The diversion area is entirely within a sewer service area or the applicant has another mechanism to return the water to the Great Lakes basin.
NR 851.22(2)(h)
(h) An amount of water equal to the amount of water withdrawn will be treated and returned to the Great Lakes basin, less an allowance for consumptive use.
NR 851.22(2)(i)
(i) No surface water or groundwater from outside the source watershed will be returned to the source watershed unless all of the following apply:
NR 851.22(2)(i)1.
1. The returned water will be from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.
NR 851.22(2)(i)2.
2. The returned water will be treated to meet applicable permit requirements under s.
283.31, Stats., and to prevent the introduction of invasive species into the Great Lakes basin.
NR 851.22(2)(i)3.
3. The diversion will maximize the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and will minimize the amount of water from outside of the Great Lakes basin that will be returned to the source watershed.
NR 851.22(2)(k)
(k) If the applicant is relying on another entity to withdraw or return the water, the entity withdrawing or returning the water has the capacity to withdraw or return the volume needed and has demonstrated support for the proposal in the form of a letter or resolution.
NR 851.22(2)(L)
(L) If the proposal is for a new withdrawal or increased withdrawal that would average 100,000 gallons or more per day in any 90-day period, the proposal meets the exception standard under subch V.
NR 851.22(2)(m)
(m) If the proposal would result in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period, all of the following findings apply:
NR 851.22(2)(m)2.
2. The department submitted the proposal to the regional body for review.
NR 851.22(2)(n)
(n) If a majority of the regional body request regional review of a regionally significant or potentially precedent-setting proposal, all of the following apply:
NR 851.22(2)(n)2.
2. The department submitted the proposal to the regional body for review.
