NR 851.32(2)(i)2.
2. The department submitted the proposal to the regional body for review.
NR 851.32 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (2) (f) made under s. 35.17, Stats., Register June 2024 No. 822. NR 851.40
NR 851.40 Applicability. This subchapter applies to any person proposing a new or increased diversion of Great Lakes basin water to a community within a straddling county or a community partly within a straddling county and partly within a county that lies entirely outside the Great Lakes basin as long as the water will be used solely for public water supply purposes in the portion of the community within the straddling county. No person may begin a new or increased diversion to a community within a straddling county until the person applies for and obtains approval from the department.
NR 851.40 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.41
NR 851.41 Community within a straddling county diversion application. NR 851.41(1)(1)
A person seeking to begin a new or increased diversion to a community within a straddling county shall contact the department prior to applying for a diversion.
NR 851.41(2)
(2) A person seeking to begin a new or increased diversion for a community within a straddling county shall submit an application to the department, including all of the following information:
NR 851.41(2)(a)
(a) The name, mailing address, telephone number, and email address of the applicant, and the name, mailing address, telephone number, and email of the primary point of contact, if it differs from the applicant.
NR 851.41(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 851.41(2)(c)
(c) Documentation that the proposed diversion will be used solely for public water supply purposes.
NR 851.41(2)(d)
(d) Information on valid contracts and border agreements related to water supply or wastewater, if applicable.
NR 851.41(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 851.41(2)(f)
(f) The requested diversion volume expressed in millions of gallons per day, averaged over each calendar year.
NR 851.41(2)(g)
(g) Documentation that the proposed diversion quantity is reasonable for the purpose for which the diversion is proposed.
NR 851.41(2)(h)
(h) The requested diversion volume for the projected peak 30-day period, and projected peak 90-day period, during a calendar year.
NR 851.41(2)(i)
(i) The estimated consumptive use associated with the diversion in any 90-day period.
NR 851.41(2)(j)
(j) A statement of whether the proposed diversion will be continuous, temporary, or seasonal.
NR 851.41(2)(k)
(k) The location of the point of measurement, and the technical method that will be used for measuring the diversion.
NR 851.41(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.
NR 851.41(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 851.41(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 approval or permit at the time the list is submitted to the department.
NR 851.41(2)(p)
(p) Strategies to reduce or minimize Mississippi River basin water in return flow to the Great Lakes basin.
NR 851.41(2)(q)
(q) Supporting documentation and evidence that the community is without adequate current water supply in either quantity or quality of water.
NR 851.41(2)(r)
(r) Supporting documentation that there are no reasonable water supply alternatives, including that the volume needed cannot be obtained by conservation of the existing water supply. Documentation shall include an analysis of water supply alternatives and quantitative evidence, which may include hydrogeologic modeling, relative costs, environmental sustainability, and public health impacts of the water supply alternatives, and if applicable and available, scientifically based evidence that the existing groundwater supply is hydrologically interconnected to waters of the Great Lakes basin.
NR 851.41(2)(t)
(t) Information regarding any other diversion applications or existing approved diversions the applicant has submitted or received.
NR 851.41 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.42
NR 851.42
Department review for a community within a straddling county diversion. NR 851.42(1)(1)
Upon receipt of an application for a community within a straddling county 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 851.42(2)
(2) The department may approve a proposal for a community within a straddling county for a new or increased diversion, if the department finds all of the following apply:
NR 851.42(2)(a)
(a) The proposal is properly characterized as a community within a straddling county diversion based on the boundaries of the county and the city, village, or town to which water will be diverted in relation to the Great Lakes basin.
NR 851.42(2)(b)
(b) The applicant owns or operates a public water supply system.
NR 851.42(2)(c)
(c) The diverted water is solely for public water supply purposes in the portion of a community that is within a straddling county based on the boundaries of the county, city, village, or town.
NR 851.42(2)(d)
(d) The community is without adequate supplies of potable water.
NR 851.42(2)(f)
(f) There is no reasonable water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.
NR 851.42(2)(g)
(g) If applicable and available, the department has considered scientifically based evidence regarding the interconnection between existing groundwater supplies and the waters of the Great Lakes basin.
NR 851.42(2)(h)
(h) The diversion maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside of the Great Lakes basin that will be returned to the source watershed.
NR 851.42(2)(i)
(i) The proposed diversion has no significant adverse impact on the Great Lakes basin ecosystem.
NR 851.42(2)(j)
(j) 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 851.42(2)(k)
(k) The proposal is consistent with an approved water supply service area plan under ch.
NR 854.
NR 851.42(2)(n)
(n) The proposal has undergone regional body review and the department considered the regional declaration of findings.
NR 851.42 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.43
NR 851.43 Amendment to a community within a straddling county diversion approval. NR 851.43(1)(1)
A person seeking to amend an approval for a community within a straddling county diversion shall contact the department to discuss the scope of the request. A person seeking an amendment shall submit to the department the amendment request and documentation to support all relevant application requirements under s.
NR 851.41. Upon receipt of the request and at any time during its review, the department may request additional information, documentation, and materials necessary to review the request.
NR 851.43(2)
(2) The department shall work with the applicant to follow regional body and Great Lakes council procedures to amend a community within a straddling county diversion approval.
NR 851.43(3)
(3) The department may amend a community within a straddling county diversion approval if it is consistent with the regional body and Great Lakes council approval and findings.
NR 851.43 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register June 2024 No. 822. NR 851.50
NR 851.50 Exception standard applicability. The exception standard implements the criteria established under s.
281.346 (4) (f), Stats. The exception standard applies to all of the following:
NR 851.50(1)
(1) A new or increased straddling community diversion proposal that results 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.
NR 851.50(2)
(2) An intrabasin transfer proposal that results from a new withdrawal or an increase in a withdrawal that would average more than 100,000 gallons per day in any 90-day period.
NR 851.50(3)
(3) An intrabasin transfer proposal that results in a new or increased water loss that would average 5,000,000 gallons per day or more in any 90-day period.
NR 851.50(4)
(4) A new or increased community within a straddling county diversion proposal.
NR 851.50 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.51
NR 851.51 Exception standard application requirements. In addition to the applicable application requirements under subch.
II,
III, or
IV, the applicant shall provide all of the following information with any application submitted under subch.
II,
III, or
IV:
NR 851.51(1)
(1) Documentation demonstrating that the proposal cannot be reasonably avoided through the efficient use and conservation of existing water supplies.
NR 851.51(2)
(2) Information to demonstrate all of the following related to return flow:
NR 851.51(2)(a)
(a) The amount of water that will be returned to the Great Lakes basin.
NR 851.51(2)(b)
(b) If surface water or groundwater from outside the Great Lakes 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 851.51(2)(c)
(c) If surface water or groundwater from outside the Great Lakes 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 851.51(2)(d)
(d) If surface water or groundwater from outside the Great Lakes basin will be returned to the source basin and if the water is returned through a structure on the bed of a navigable water, the structure is designed and will be operated to meet the applicable permit requirements under s.
30.12, Stats.
NR 851.51(3)
(3) The distance between where the water will be withdrawn for the proposal and where the water will be returned to the Great Lakes. The applicant shall provide information on the economics, environmental impacts, and public health impacts considered in determining the return flow location. Except for applicants described under s.
NR 851.50 (2), if the place at which the water is to be returned is not as close as practicable to the place at which the water is withdrawn, the applicant shall provide documentation that returning water to a closer location is one of the following:
NR 851.51(4)
(4) An analysis of the hydrologic setting for the source waterbody and the waterbody receiving the returned water, 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 851.51(5)
(5) Documentation of how the physical, chemical, and biological integrity of the waterbody receiving the returned water will be protected and sustained as required under ss.
30.12,
281.15, and
283.31, Stats. The applicant shall provide scientific information and data statistics on the state of the receiving water before the proposal is implemented, low and high flow conditions if the receiving water is a stream tributary, and potential adverse impacts due to changes in temperature and nutrient loadings.
NR 851.51(6)
(6) A cumulative impacts analysis that determines the percentage of water that will be withdrawn, diverted, and returned to the Great Lakes basin, including the ratio of the amount that will be diverted to the total volume of the waterbody from which the water is being diverted as a percentage.
NR 851.51(7)
(7) An analysis of the potential for significant adverse individual impacts or cumulative impacts to the quantity or quality of the waters of the Great Lakes basin or to water-dependent natural resources.
NR 851.51(8)
(8) A statement that the applicant will continue to implement its Tier 3 water conservation plan developed in compliance with ch.
NR 852.
NR 851.51 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (4) made under s. 35.17, Stats., Register June 2024 No. 822. NR 851.52
NR 851.52 Exception standard department review. The department may determine that a proposal meets the exception standard if all of the following apply:
NR 851.52(1)
(1) The need for the proposed diversion cannot reasonably be avoided through the efficient use and conservation of existing water supplies as determined by the applicant's Tier 3 water conservation plan developed in compliance with ch.
NR 852.
NR 851.52(2)
(2) The diversion is limited to quantities that are reasonable for the purposes for which the diversion is proposed.
NR 851.52(3)
(3) An amount of water equal to the amount of water withdrawn from the Great Lakes basin will be treated and returned to the source watershed, less an allowance for consumptive use.
NR 851.52(4)
(4) For applications described under s.
NR 851.50 (1),
(3), and
(4), the place at which the water is returned to the source watershed is as close as practicable to the place at which the water is withdrawn, including consideration of the following:
NR 851.52(4)(b)
(b) Environmental impact such as impacts of the withdrawal on rivers or streams.
NR 851.52(5)
(5) No water from outside the Great Lakes basin will be returned to the source watershed unless all of the following apply:
NR 851.52(5)(a)
(a) The returned water is from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.
