Register June 2024 No. 822
Chapter NR 854
WATER SUPPLY SERVICE AREA PLANS
NR 854.04 Persons required to prepare a plan.
NR 854.05 Content of a water supply service area plan.
NR 854.06 Cost-effectiveness analyses of water supply alternatives for plans requiring department approval.
NR 854.07 Department review and approval process for a water supply service area plan requiring department approval.
NR 854.08 Public participation process for persons developing a water supply service area plan.
NR 854.09 Public notice and comment for plans submitted to the department for approval.
NR 854.10 Revisions and department reconsideration of an approved water supply service area plan.
NR 854.11 Open records requests.
NR 854.01
NR 854.01 Purpose. The purpose of this chapter is to establish procedures and requirements for the preparation of water supply service area plans in compliance with the requirements under s.
281.348, Stats., and to establish additional procedures and requirements to ensure that the requirements under ss.
281.343 and
281.346, Stats., are met when department approval of a water supply service area plan is required.
NR 854.01 History
History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24. NR 854.02
NR 854.02
Applicability. This chapter applies to any person who owns or operates a public water supply system that is required to prepare a water supply service area plan under s.
NR 854.04.
NR 854.02 History
History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24. NR 854.03
NR 854.03
Definitions. In this chapter:
NR 854.03(1)
(1) “
Areawide water quality planning agency” means an agency designated by the governor to prepare an areawide water quality management plan under ch.
NR 121.
NR 854.03(4)
(4) “
Department” means the department of natural resources.
NR 854.03(6)
(6)
“
Great Lakes basin” means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec, within the jurisdiction of the parties. The boundary of the Great Lakes basin is derived from the subbasin (8-digit) 4th level hydrologic units from the digital Watershed Boundary Dataset for the State of Wisconsin, consisting of geo-referenced digital data and associated attributes created in accordance with the “FGDC Proposal, Version 1.0 - Federal Standards for Delineation of Hydrologic Unit Boundaries 3/01/02.”
NR 854.03 Note
Note: A copy of the Great Lakes basin boundary dataset is available as the “Major Basins” layer in the Wisconsin Department of Natural Resources GIS Open Data Portal, available at
https://data-wi-dnr.opendata.arcgis.com.
NR 854.03(8)
(8) “
New or increased withdrawal” means a proposal for a new withdrawal or a proposal to increase the amount of a withdrawal over the permitted withdrawal amount that requires department approval under s.
281.346 (4g),
(4s), or
(5), Stats., for a water use general permit or individual permit.
NR 854.03(10)
(10) “Peak daily withdrawal” means a public water supply system's highest daily water withdrawal in a year.
NR 854.03(12)
(12) “Planning period” means the period covered by the water supply service area plan.
NR 854.03(13)
(13) “Population” means the population of a specified area as shown by the last federal census or by any subsequent population estimate under s.
16.96, Stats.
NR 854.03(14)
(14) “Projected growth area” means the area in which the public water supply system anticipates providing water to the public during the period covered by the water supply service area plan.
NR 854.03(15)
(15) “Projected water demand” means the total water demand forecasted in the public water supply system's existing service area, the public water supply system's projected growth area over the planning period, and any water sold to consecutive water systems.
NR 854.03(17)
(17) “Public water supply system” means a physically connected system of treatment, storage, and distribution facilities that distributes public water supply that is treated for human consumption and that is owned by a city, village, county, town, town sanitary district, utility district, public inland lake and rehabilitation district, or municipal water district, joint local water authorities, or a privately owned water utility serving any of these entities.
NR 854.03(18)
(18) “Retail customer” means a person who purchases water directly from a public water supply system, except a consecutive water system.
NR 854.03(19)
(19) “Schematic” means a diagram that represents the elements of a public water supply system using general locations and graphic symbols rather than scaled maps.
NR 854.03(20)(a)(a) “Source” means an individual location where water is withdrawn from groundwater or surface water.
NR 854.03(23)
(23) “Water supply service area” means an area in which the public water supply system provides water or may provide water to the public during the planning period covered by the water supply service area plan.
NR 854.03(24)
(24) “Water supply service area plan” or “plan” means a document developed in compliance with this chapter.
NR 854.03 History
History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (17) made under s. 35.17, Stats., Register June 2024. NR 854.04
NR 854.04
Persons required to prepare a plan. NR 854.04(1)(1)
A person owning or operating a public water supply system that serves a population of 10,000 or more, and that withdraws water from the waters of the state, shall prepare a water supply service area plan on or before December 31, 2025.
NR 854.04(2)
(2) A person owning or operating a public water supply system that serves or is expected to serve a population of 10,000 or more shall prepare and obtain department approval of a water supply service area plan before the department may issue a general or individual permit under s.
281.346 (4s) and
(5), Stats.
NR 854.04(3)
(3) A person owning or operating a public water supply system that requests a new or increased diversion of Great Lakes water under s.
281.346 (4), Stats., shall prepare and obtain department approval for a water supply service area plan before the department may grant approval of any new or increased diversion, regardless of the size of the population served by the public water supply system, unless the diversion proposal includes providing water to a straddling community that includes an electronics and information technology manufacturing zone designated under s.
238.396 (1m), Stats.
NR 854.04(4)
(4) After December 31, 2025, any person owning or operating a public water supply system that serves a population of less than 10,000 but is expected to serve a population of 10,000 or more in the future shall prepare a water supply service area plan before the date when the public water supply system begins to serve a population of 10,000 or more.
NR 854.04(5)
(5) A person owning or operating a public water supply system with a plan that does not require department approval shall review the plan every 5 years and update the plan as needed. A new plan shall be prepared on or before the expiration date of the plan.
NR 854.04(6)
(6) A person owning or operating a public water supply system that has an approved water supply service area plan shall submit a new water supply service area plan to the department for approval at least 180 calendar days before the expiration of an approved water supply service area plan.
NR 854.04 History
History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24. NR 854.05
NR 854.05
Content of a water supply service area plan. A person required to prepare a plan under s.
NR 854.04 shall prepare a plan that includes all of the following:
NR 854.05(1)
(1)
Establishment of planning period. The plan shall identify the planning period covered by the plan. The planning period shall be at least 10 years and no more than 20 years. The plan shall include an expiration date that coincides with the end of the planning period.
NR 854.05(2)(a)
(a) The plan shall delineate the area for which the plan is being prepared, including all areas to which the public water supply system currently serves retail customers and the projected growth area for the system within the planning period under sub.
(1). Identifying an area as a projected growth area for planning purposes does not obligate the public water supply system to provide water to the projected growth area.
NR 854.05(2)(c)1.
1. An areawide water quality planning agency may delineate the water supply service area for the public water supply systems within its designated planning area.
NR 854.05(2)(c)3.
3. If the Great Lakes council approves a diversion area for a public water supply system proposing to make a diversion from the Great Lakes basin under s.
281.346 (4) (e), Stats., that diversion area shall be the delineated water supply service area for the plan.
NR 854.05(3)
(3)
Description of the public water supply system. A plan shall include a description of the public water supply system using schematics, as appropriate. The description shall include all of the following, as applicable:
NR 854.05(3)(a)
(a) A description of the existing sources serving the system, including all wells, surface water intakes, and any water purchased from any other water system.
NR 854.05(3)(b)
(b) A description of any identified or documented water quality issues relative to existing sources.
NR 854.05(3)(c)
(c) An identification of all consecutive water systems currently purchasing water from the public water supply system and all consecutive water systems anticipated to purchase water from the public water supply system during the planning period.
NR 854.05(3)(d)
(d) A plan requiring department approval under s.
NR 854.04 (2) or
(3) shall also include in the description of the public water supply system all of the following, as applicable:
NR 854.05(3)(d)1.
1. A description or schematic identifying the general location of existing water treatment facilities including a description of the type and size of the treatment facilities and related equipment. The description shall also indicate the final disposition of the wastewater and sludge from the treatment processes.
NR 854.05(3)(d)2.
2. A description and schematic of the existing water storage and distribution facilities including, as applicable: the location of water mains; water pressure booster stations; water pressure reducing stations; metering stations; storage reservoirs; and any connections with other water utilities.
NR 854.05(3)(d)3.
3. A map showing the location of the Great Lakes basin in relation to its public water supply facilities.
NR 854.05(4)
(4)
Description of existing sources and withdrawals. NR 854.05(4)(a)
(a) The plan shall describe the public water supply system's sources and withdrawals including all of the following:
NR 854.05(4)(a)1.
1. A statement identifying the withdrawals used to supply water to the system.
NR 854.05(4)(a)2.
2. The average daily withdrawal amount for each source in each of the last 10 years preceding the planning period.
