Chapter NR 854

NR 854.05(6)(e)4. 4. An analysis of how the projected water demand is consistent with the public water supply system’s past 10 years of water use provided under sub. (5) or a description of how the demand estimate is reasonable based on the purposes for which the demand is forecasted.

NR 854.05(6)(e)5. 5. The projected water use reductions related to the implementation of any of the applicable public water supply system’s water conservation alternatives identified under s. NR 854.06 (1) and, if applicable, implementation of the water conservation plan under ch. NR 852.

NR 854.05(7) (7) Inventory and identification of the sources and quantities of water supplies in the region. A plan shall identify possible water supply alternatives available to the public water supply system, including all of the following:

NR 854.05(7)(a) (a) An inventory of alternative existing groundwater and surface water sources available in the region.

NR 854.05(7)(b) (b) Identification of alternative options for supplying water within the planning area that are approvable under other applicable statutes and rules, and a discussion of the viability and limitations of those options.

NR 854.05(8) (8) Plan recommendations. The plan shall include recommendations on how to meet the projected water demand of the public water supply system over the planning period, including all of the following:

NR 854.05(8)(a) (a) An analysis of whether to use existing sources, enlargement of existing sources, development of new sources, or the purchase of new or increased water supply to meet projected water demand described under sub. (6).

NR 854.05(8)(b) (b) A demonstration that the plan effectively utilizes the existing public water supply system, wastewater infrastructure, and water storage, treatment, and distribution facilities, to the extent practicable.

NR 854.05(8)(c) (c) If the plan recommendations include the developments of new sources, enlargement of existing sources, or the purchase of new or increased water supply, the plan shall include all of the following as applicable:

NR 854.05(8)(c)1. 1. A description of the potential water withdrawal facilities, including the number of wells and surface water intakes and general locations and capacity.

NR 854.05(8)(c)2. 2. A description or schematic of any potential public water supply system facilities including the general locations of transmission mains, and any water pressure booster stations, water pressure reducing stations, metering stations, and storage reservoirs needed as a result of new or enlarged water withdrawal facilities.

NR 854.05(8)(c)3. 3. Documentation of a consecutive water system’s ability to purchase new or increased water supply over the planning period. Documentation may include a copy of letters or resolutions that provide evidence of support from the public water supply system that will provide water to the consecutive water system.

NR 854.05(8)(c)4. 4. An assessment of potential environmental impacts of carrying out the recommendations of the plan. Factors to consider in evaluating potential environmental impacts may include the following, as applicable:

NR 854.05(8)(c)4.a. a. Geologic setting, including regional hydrogeology and any unique geologic formations or conditions.

NR 854.05(8)(c)4.b. b. General groundwater or surface water quantity and quality conditions.

NR 854.05(8)(c)4.c. c. Analysis of available area aquifer drawdown data.

NR 854.05(8)(c)4.d. d. Identification and description of surface water resources.

NR 854.05(8)(c)4.e. e. Aquifer drawdown and groundwater quantity and quality conditions as a result of projected groundwater withdrawals.

NR 854.05(8)(c)4.f. f. Analysis and summary of any regional hydrogeological studies or assessments and other regional water supply information.

NR 854.05(8)(c)4.g. g. Relevant information in other plans listed under sub. (9).

NR 854.05(8)(c)4.h. h. Land use trends.

NR 854.05(8)(c)4.i. i. Impacts to wetlands.

NR 854.05(8)(c)4.j. j. Floodplains.

NR 854.05(8)(c)4.k. k. Impacts to environmentally sensitive areas.

NR 854.05(8)(c)5. 5. An assessment of anticipated economic impacts and costs associated with carrying out the recommendations in the plan.

NR 854.05(9) (9) Analysis of consistency with other plans and agreements. The plan shall include a description and analysis of the plan’s consistency with all of the following, as applicable:

NR 854.05(9)(a) (a) Approved comprehensive plans, as defined under s. 66.1001 (1) (a), Stats.

NR 854.05(9)(b) (b) Approved areawide water quality management plans under s. 283.83, Stats., and ch. NR 121.

NR 854.05(9)(c) (c) Existing land use agreements between the person who owns or operates the public water supply system and any city, village, or town included within the projected growth area.

NR 854.05(9)(d) (d) Existing wholesale or retail customer sales agreements between the person who owns or operates the public water supply system and any city, village, or town included within the projected growth area.

NR 854.05(9)(e) (e) Any other existing agreements or approvals obtained from a governing body related to the implementation of the projected growth area.

NR 854.05(10) (10) Public participation. The plan shall include a description of the public participation process implemented under s. NR 854.08, including a summary of the comments received.

NR 854.05(11) (11) Submission of plan to local governments. The plan shall include documentation that the plan has been submitted to the governing body of each city, village, and town whose public water supply is addressed by the plan.

NR 854.05(12) (12) Procedures for implementing and updating the plan. The plan shall identify procedures to be used to implement and update the plan and a commitment to using those procedures.

NR 854.05 Note Note: The department advises that the plan uses public service commission data when applicable throughout this section.

NR 854.05 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (5) (e), (8) (a) made under s. 35.17, Stats., and correction in (8) (c) 4. g. made under s. 13.92 (4) (b) 7., Stats., Register June 2024 No. 822.

NR 854.06 NR 854.06 Cost-effectiveness analyses of water supply alternatives for plans requiring department approval. If department approval is required under s. NR 854.04 (2) or (3), a plan shall include a cost-effectiveness analysis of identified water supply alternatives for meeting the water demand for the planning period. A cost-effectiveness analysis shall include all of the following:

NR 854.06(1) (1) Identification and analysis of potential water supply alternatives, which shall include the sources identified under s. NR 854.05 (7).

NR 854.06(2) (2) A summary of the expected water demand reduction associated with implementing water conservation and efficiency measures as identified in the public water supply system’s water conservation plan developed under s. NR 852.07, including a summary of the cost savings as determined under s. NR 852.09 or 852.10.

NR 854.06(3) (3) A description of the sustainability of each water supply alternative in consideration of existing regional water need assessments and the extent to which each alternative identified under s. NR 854.05 (7) is consistent with existing plans under s. NR 854.05 (8).

NR 854.06(4) (4) An evaluation of existing and anticipated costs associated with each water supply alternative identified under s. NR 854.05 (7). Factors to consider in evaluating costs include: construction; operation and maintenance of wells; surface water intakes; treatment plants; chemical feed equipment; pumping facilities; water mains; storage facilities; and purchase of water from a contract supplier.

NR 854.06(5) (5) Conclusions on the identified water supply alternatives and a comparative analysis of the alternatives based on the cost-effectiveness analysis.

NR 854.06 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (intro.) made under s. 35.17, Stats., Register June 2024 No. 822.

NR 854.07 NR 854.07 Department review and approval process for a water supply service area plan requiring department approval.

NR 854.07(1) (1) If department approval is required under s. NR 854.04 (2) or (3), the plan shall be submitted to the department for approval. The department shall issue a written decision on the plan prior to the issuance of any approvals required under s. 281.346 (4), Stats., or permits under s. 281.346 (4s) or (5), Stats.

NR 854.07(2) (2) The department may not approve a water supply service area plan unless all of the following apply:

NR 854.07(2)(a) (a) The diversion or withdrawal proposal that is submitted with the plan meets the requirements under s. 281.346 (4), (4g), (4s), or (5), Stats., or the department finds the plan complies with an existing approved diversion or withdrawal permit issued under s. 281.346 (4), (4g), (4s), or (5), Stats.

NR 854.07(2)(b) (b) The plan provides for a public water supply system that meets the requirements under this chapter based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives under s. NR 854.06.

NR 854.07(2)(c) (c) The plan effectively utilizes existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

NR 854.07(2)(d) (d) The plan is consistent with applicable comprehensive plans as defined under s. 66.1001 (1) (a), Stats.

NR 854.07(2)(e) (e) The projected water demand over the planning period is consistent with the public water supply system’s previous 10 years of water use or the department determines the projected water demand is reasonable based on the purposes and uses of the projected water demand.

NR 854.07(2)(f) (f) The plan has undergone the public participation process specified under ss. NR 854.08 and 854.09.

NR 854.07(2)(g) (g) The plan meets the requirements under this chapter.

NR 854.07(3) (3) If a plan includes a new or increased withdrawal from the Great Lakes basin, the department shall specify a withdrawal amount for the public water supply system that is equal to the greatest of the following:

NR 854.07(3)(a) (a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.

NR 854.07(3)(b) (b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5), Stats., when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s), Stats., when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i), Stats., when the department approves the plan.

NR 854.07(4) (4) If the department determines that a plan does not contain the information specified under ss. NR 854.05 and 854.06 or additional information is necessary for review or approval, the department shall provide the person submitting the plan with written notification of the additional information necessary and allow the applicant to submit additional information or revisions to the plan.

NR 854.07(5) (5) The department shall specify a water supply service area in its approval of a plan. The department may not limit water supply service areas based on jurisdictional boundaries, except as necessary to prevent waters of the Great Lakes basin from being transferred from a county that lies completely or partly within the Great Lakes basin into a county that lies entirely outside the Great Lakes basin, or except where the water supply service area is delineated by a diversion area approved by the Great Lakes council under s. 281.348 (3) (cr), Stats.

NR 854.07(6) (6) The department’s approval of a water supply service area plan shall not constitute department approval of the final design of new or enlarged water withdrawal facilities, water supply treatment facilities, or water transmission facilities, including any water pressure booster stations, water pressure reducing stations, or storage reservoirs identified or discussed in the plan. Department approval of new or enlarged facilities shall be obtained in accordance with other applicable statutes and rules.

NR 854.07 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (3) (b), (5) made under s. 35.17, Stats., Register June 2024.

NR 854.08 NR 854.08 Public participation process for persons developing a water supply service area plan.

NR 854.08(1) (1) A person developing a plan, including a plan requiring department approval, shall undertake a public participation process including public notice of the proposed plan, a minimum of one public hearing on the proposed plan, and an opportunity to provide written comment on the proposed plan.

NR 854.08(2) (2) A person who owns or operates the public water supply system shall make the water supply service area plan, any public comments received on the plan, and any approval of the plan available for public inspection.

NR 854.08 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.

NR 854.09 NR 854.09 Public notice and comment for plans submitted to the department for approval.

NR 854.09(1) (1) The department shall satisfy public notice and comment requirements under s. NR 851.72 in its review of a water supply service area plan submitted to the department for approval under s. NR 854.04 (3).

NR 854.09(2) (2) The department shall satisfy public notice and comment requirements under subch. IV of ch. NR 860 in its review of a water supply service area plan submitted to the department for approval under s. NR 854.04 (2).

NR 854.09 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.

NR 854.10 NR 854.10 Revisions and department reconsideration of an approved water supply service area plan.

NR 854.10(1) (1) A person who owns or operates a public water supply system with an approved plan shall submit revisions of the plan to the department for review and approval. The department shall review the revised water supply service area plan and issue a decision on the plan using the process under s. NR 854.07. Proposed plan revisions are subject to the public participation process under ss. NR 854.08 and 854.09. Revisions that require department approval include any of the following:

NR 854.10(1)(a) (a) Expansion of an approved water supply service area.

NR 854.10(1)(b) (b) Changes to source.

NR 854.10(1)(c) (c) Increased projected demand for the water supply area.

NR 854.10(2) (2) A person seeking to revise an approved water supply service area plan that includes a diversion that was approved by the Great Lakes council shall contact the department to discuss the scope of the revision. The person seeking a revision to the plan shall submit to the department the proposed revision. The department shall work with the applicant to follow regional body and Great Lake council procedures where necessary for review and approval of the revised water supply service area plan.

NR 854.10(3) (3) The department may reconsider an approval of a water supply service area plan or a portion of a water supply service area plan in any of the following situations:

NR 854.10(3)(a) (a) When necessary to reflect state law or administrative rules or changes to state law or administrative rules.

NR 854.10(3)(b) (b) When the department finds the plan or portion of the plan conflicts with the department’s responsibility to protect, maintain, and improve the quality and management of the waters of the state, ground or surface, public and private.

NR 854.10(3)(c) (c) When the plan or a portion of the plan is not in the public interest.

NR 854.10 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.

NR 854.11 NR 854.11 Open records requests. The department may consider domestic security concerns when determining whether public records provided to or obtained by the department under this chapter warrant confidential treatment, as allowed under s. 281.346 (3) (cm) and (9) (e), Stats.

NR 854.11 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction made under s. 35.17, Stats., Register June 2024 No. 822.

NR 854.12 NR 854.12 Enforcement.

NR 854.12(1) (1) Violations of this chapter are enforceable under ch. 281, Stats., and may result in penalties, forfeitures, costs of investigation and prosecution, or orders to abate any nuisance, restore a natural resource, or take or refrain from taking any other action necessary to eliminate or minimize any environmental damage.

NR 854.12(2) (2) The department may withdraw its approval of a plan based on substantial noncompliance with the plan or the requirements under this chapter.

NR 854.12 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.