NR 852.03 Note
Note: Section
PSC 185.12 (11) defines “meter" to mean “an instrument installed to measure the volume and/or rate of flow of water delivered through it."
NR 852.03(17)
(17) “New diversion" means a diversion that started on or after December 8, 2008.
NR 852.03(18)
(18) “New withdrawal" means a withdrawal that started on or after December 8, 2008, and averages 100,000 gallons per day or more in any 30-day period, and a withdrawal that was occurring before December 8, 2008 but was not eligible for a baseline, and that has increased the rate of withdrawal so that it averages 100,000 gallons per day or more in any 30-day period.
NR 852.03 Note
Note: Withdrawals not eligible for a baseline include those that were less than the minimum regulated amount of an average of 100,000 gallons per day in any 30-day period.
NR 852.03(19)
(19) “Other water use sector" means water users that supply their own water and that are not a public water supply water use sector, commercial and institutional water use sector, irrigation water use sector, livestock water use sector, industrial water use sector, or power production water use sector. Water use in the other water use sector includes water used for fish or wildlife, environmental, navigation and water quality purposes.
NR 852.03(20)
(20) “Power production water use sector" means water users that supply their own water for use in generating electricity or power. Water use in the power production water use sector includes water used for thermoelectric once-through cooling, thermoelectric re-circulated cooling, and hydroelectric.
NR 852.03(21)
(21) “Public water supply water use sector" means public water supply systems that distribute water to the public through a physically connected system of treatment, storage and distribution facilities serving a group of largely residential customers that may also serve industrial, commercial and other institutional customers.
NR 852.03 Note
Note: Section
NR 809.04 (67) defines “public water system" to mean “a system for the provision to the public of piped water for human consumption through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system is either a “community water system" or a “non-community water system". A public water system:
NR 852.03 Note
(a) Includes any collection, treatment, storage and distribution facilities under control of the water supplier for the public water system and used primarily in connection with the system.
NR 852.03 Note
(b) Includes any collection or pretreatment storage facilities not under the control of the water supplier for the public water system, which are used primarily in connection with the system.
NR 852.03 Note
(c) Does not include any “special irrigation district."
NR 852.03 Note
Note: The definition of public water system in this chapter is broader and includes more water systems than those governed by the public service commission under its definition of a public utility in ch.
196, Stats.
NR 852.03(23)
(23) “Retrofit or retrofitting" means to modify or replace existing fixtures, appliances or equipment that is already in service.
NR 852.03(24)
(24) “System losses" means the difference between the volume of water entering the distribution system and the volume of water that is sold or otherwise authorized for system uses.
NR 852.03(25)
(25) “Water conservation and efficiency measures" or “CEMs" means structural or non-structural measures, practices, techniques or devices employed to reduce water use, or increase water reuse or water use efficiency.
NR 852.03 Note
Note: Section
281.346 (1) (wm), Stats., defines “water loss" to mean “the amount of water that is withheld from or not returned to the basin from which it is withdrawn as a result of a diversion or consumptive use or both."
NR 852.03(27)
(27) “Water reuse" means the collection and adequate treatment of clear water, storm water or other wastewater for subsequent use in toilet flushing, irrigation, or other processes that do not require water to meet drinking water quality standards.
NR 852.03(28)
(28) “Water use audit" means an examination of water use and reuse data that tracks the flow of water in the system from the point of withdrawal or, if the water is provided to the water supply system through a third party, the point of entry into the system, through any treatment and distribution to the end use. The water use audit assesses the quantitative efficiency of a water supply system, and evaluates impacts to water resources and operational and financial aspects of the system, and identifies and quantifies system losses.
NR 852.03 Note
Note: The water use audit for a public water supply water use sector includes tracking the water up to the customer service connection.
NR 852.03(29)
(29) “Water use intensity" means a measure of water use per unit production, sales unit, or customer served.
NR 852.03(30)
(30) “Water use sector" means one of the following types of water use sectors: commercial and institutional, industrial, irrigation, livestock, other, power production, or public water supply.
NR 852.03 Note
Note: Section
281.346 (1) (y), Stats., defines “withdraw" to mean “to take water from surface water or groundwater."
NR 852.03 Note
Note: Section
281.346 (1) (z), Stats., defines “withdrawal" to mean “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 852.03 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11; correction in (22) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660. NR 852.04
NR 852.04
Required elements — all. All persons identified in Tier 1, Tier 2 or Tier 3 shall submit with the application for a new or increased withdrawal, diversion, or water loss approval all of the following:
NR 852.04(2)
(2) Written documentation showing that the person has implemented or completed the CEMs in Table 1 that do not require retrofitting, as applicable for each water use sector.
Table 1
NR 852.04 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.05
NR 852.05 Required elements — Tier 2 and Tier 3. NR 852.05(1)(1) Persons identified in Tier 2 and Tier 3 shall complete the elements specified in
s. NR 852.04 and the elements specified under either
sub. (2) or
(3).
NR 852.05(2)
(2) A person identified in Tier 2 or Tier 3 shall implement all CEMs identified in Table 2 for the applicable water use sector that do not require retrofitting, except those CEMs that are not cost-effective or environmentally sound and economically feasible, as determined by an analysis conducted by the applicant pursuant to
s. NR 852.09 or
852.10, and approved by the department.
NR 852.05(3)
(3) A person identified in Tier 2 or Tier 3 shall implement CEMs selected from Table 2, the Optional CEM list in
s. NR 852.08 (2), or other CEMs as proposed by the applicant and approved by the department, which can be shown to reduce water use or increase water reuse or efficiency by 10 percent, in accordance with all of the following:
NR 852.05(3)(a)
(a) The percent reduction in water use or increase in water reuse or efficiency in this subsection shall be based upon a comparison of the water use or water use intensity from the most recent complete year. Water use and water use intensity shall be adjusted to account for unique facility, economic, or weather variability.
NR 852.05(3)(b)
(b) The calculation of the 10 percent reduction in water use or increase in water reuse or efficiency shall be in addition to any reduction in water use or increase in water reuse or efficiency achieved through implementation of the CEMs set forth in
s. NR 852.04 (2) and shall not be included in the calculated percent reduction.
NR 852.05(4)
(4) For persons other than persons applying for a new or increased diversion, the person shall implement the CEMs identified under
sub. (1) within 2 years of the date of the department approval under
s. NR 852.11.
NR 852.05(5)
(5) For persons applying for a new or increased diversion, the person shall implement the CEMs identified under
sub. (1) prior to submitting an application.
Table 2
NR 852.05 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11; correction in (3) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660. NR 852.06
NR 852.06
Required elements — Tier 3 only. NR 852.06(1)
(1) In addition to the required elements specified in
ss. NR 852.04 and
852.05, persons identified in Tier 3 shall conduct the appropriate analysis pursuant to
s. NR 852.09 or
852.10 to identify additional CEMs that are cost-effective or environmentally sound and economically feasible and implement the identified CEMs following the applicable timeframes under
s. NR 852.05 (2) and
(3).
NR 852.06(2)
(2) Persons applying for a new or increased diversion shall also document the efficient use and conservation of existing water supplies by providing an analysis of community water use over the past 5 years, at a minimum. The analysis shall quantitatively describe water use through time and how it has changed with the implementation of CEMs. The analysis shall include quantitative calculations of water use including but not limited to, the ratio of peak daily demand to average daily demand and per capita residential water use.
NR 852.06 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.07
NR 852.07
Water conservation plans. NR 852.07(1)
(1) A person who is required to submit a water conservation plan under
s. NR 852.04 (1) shall submit a plan in a form provided by the department and shall provide all of the information requested on the form and accompanying instructions.
NR 852.07(2)
(2) A water conservation plan required by this chapter shall, at a minimum, contain all of the following:
NR 852.07(2)(a)
(a) A description and quantification of current water use and reuse as identified by a water use audit, including a calculation of water use intensity appropriate to the water use sector. Those public water systems regulated by the public service commission shall follow applicable procedures to account for water use as provided in
ch. PSC 185 and the calculations shall be included in the water use audit.
NR 852.07(2)(b)
(b) A description of the water conservation and water use efficiency goals, including quantifiable goals.
NR 852.07(2)(c)
(c) Documentation of the implementation of the CEMs set forth in
s. NR 852.04 (2) and a description of any other existing conservation, efficiency, and reuse measures, including when they were implemented.
NR 852.07(2)(d)
(d) A monitoring plan to assess the impact of the implemented CEMs.
NR 852.07(3)
(3) Persons identified in Tier 2 shall submit all of the following information in the water conservation plan, in addition to the information required under
sub. (2):
NR 852.07(3)(a)
(a) An implementation timeline for implementing the CEMs or documentation of the implementation of the CEMs in
s. NR 852.05, as appropriate.
NR 852.07(3)(b)
(b) If applicable, the results of an analysis conducted under
s. NR 852.09 to determine if a CEM required in Table 2 is cost-effective.
NR 852.07(3)(c)
(c) If applicable, the results of an analysis conducted under
s. NR 852.10 to determine if a CEM required in Table 2 is environmentally sound and economically feasible.
NR 852.07(4)
(4) Persons identified in Tier 3 shall submit all of the following information in the water conservation plan, in addition to the information required under
sub. (2):
NR 852.07(4)(a)
(a) An implementation timeline for implementing the CEMs or documentation of the implementation of the CEMs in
s. NR 852.05, as appropriate.
NR 852.07(4)(b)
(b) If applicable, the results of an analysis conducted under
s. NR 852.09 to determine if a CEM required in Table 2 is cost-effective.
NR 852.07(4)(c)
(c) If applicable, the results of an analysis conducted under
s. NR 852.10 to determine if a CEM required in Table 2 is environmentally sound and economically feasible.
NR 852.07(4)(e)
(e) An implementation timeline for implementing the CEMs or documentation of the implementation of the CEMs identified in
s. NR 852.06 (1), as appropriate.
NR 852.07 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.08
NR 852.08
Water conservation and efficiency measures. NR 852.08(1)(1) Persons subject to this chapter shall implement CEMs in compliance with the CEM required elements in Table 1, Table 2, the optional list in
sub. (2), or additional CEM required elements as identified by the department.
NR 852.08(2)
(2) The department shall maintain a list of optional CEMs by water use sector that have been determined to be adequate and effective to reduce water use or increase water reuse or efficiency. The optional list may be used to meet the requirements in
ss. NR 852.05 (3) and
852.06 (1) and the optional list may include retrofitting options.
NR 852.08 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11; corrections made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660. NR 852.09
NR 852.09
Cost-effectiveness analysis. NR 852.09(1)
(1) Persons identified in Tier 2 or Tier 3 applying for a new or increased withdrawal not subject to the Compact decision-making standard under s.
281.346 (6), Stats., and persons applying for a water loss approval under s.
281.35, Stats., may conduct a cost-effectiveness analysis to determine if a CEM in
s. NR 852.05 or
852.06 is cost-effective, considering direct and avoided economic and environmental costs over a 5-year planning period. The cost effectiveness analysis shall at a minimum include all of the following and be reflective of the costs to the withdrawer:
NR 852.09(1)(a)
(a) Actual energy and operational costs to pump, treat, transmit water, and treat and dispose of wastewater.
NR 852.09(1)(b)
(b) Estimated avoided economic and environmental costs resulting from pumping less water and using less energy.
NR 852.09(1)(c)
(c) Estimated capital and operating costs associated with developing new sources of water for this specific new or increased withdrawal.
NR 852.09(1)(d)
(d) Estimated capital and operating costs associated with implementing required CEMs.
NR 852.09(1)(e)
(e) All other estimated costs or fees associated with obtaining or disposing of the water.
NR 852.09(2)
(2) The department may require an independent review of the analysis submitted under
sub. (1).
NR 852.09 Note
Note: The Compact decision-making standard under s.
281.346 (6), Stats., applies to new or increased withdrawals that will equal at least 10,000,000 gallons per day for any 30 consecutive days, unless the water loss associated with the new or increased withdrawal will average less than 5,000,000 gallons per day in every 90-day period.
NR 852.09 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.10
NR 852.10
Environmental soundness and economic feasibility analysis. Persons identified in Tier 2 or Tier 3 applying for a new or increased withdrawal subject to the Compact decision-making standard under s.
281.346 (6), Stats., or a diversion, may conduct an analysis to determine if a CEM in
s. NR 852.05 or
852.06 is environmentally sound and economically feasible. The analysis shall make a determination as to whether the CEM is all of the following:
NR 852.10(2)
(2) Reflective of best practices applicable to the water use sector.
NR 852.10 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.
