NR 851.23(1)(a)
(a) If the proposal expands the diversion area, the expanded area is within the municipal boundaries of the city, village, or town to where the water is diverted and is within the sewer service area.
NR 851.23(1)(b)
(b) The proposal does not exceed the total volume of the existing diversion approval.
NR 851.23(1)(c)
(c) The proposal does not result in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period.
NR 851.23(2)(a)(a) The person requesting an amendment to a straddling community diversion approval shall provide the department all of the following information and documentation to support and describe the proposed amendment:
NR 851.23(2)(a)2.
2. A statement confirming that the total diversion will not exceed the diversion volume in the existing approval.
NR 851.23(2)(a)3.
3. A statement confirming that the area served diverted water will be within the municipal boundaries of the straddling community.
NR 851.23(2)(a)4.
4. A statement confirming that the proposed transfer of water for the amended diversion will not result in a total consumptive use that averages 5,000,000 gallons or more per day in any 90-day period.
NR 851.23(2)(a)5.
5. Documentation that the diversion will be used for public water supply purposes.
NR 851.23(2)(a)6.
6. A statement of whether the diversion will be continuous, temporary, or seasonal.
NR 851.23(2)(a)7.
7. A statement confirming that the requested diversion area is within 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 851.23(2)(a)8.
8. An updated Tier 3 water conservation plan developed in compliance with ch.
NR 852, if applicable.
NR 851.23(2)(a)9.
9. A statement confirming that any water supply customers within the diversion area will be connected to the sewer system simultaneously to water supply to ensure water is returned to the Great Lakes basin.
NR 851.23(2)(a)10.
10. 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 851.23(2)(b)
(b) In addition to the information required under par.
(a), the department may request additional information or documentation necessary to review the proposed amendment.
NR 851.23(3)
(3)
Department review. The department may amend a straddling community diversion approval if it finds all of the following:
NR 851.23(3)(a)
(a) The owner or operator of the public water system continues to use the diverted water for public water supply purposes within the straddling community.
NR 851.23(3)(b)
(b) The total water diverted does not exceed the existing approved volume in the diversion approval.
NR 851.23(3)(c)
(c) The amended diversion does not result in a total consumptive use that averages 5,000,000 gallons or more per day in any 90-day period.
NR 851.23(3)(d)
(d) The amended diversion is consistent with an approved water supply service area plan under s.
281.348, Stats., and ch.
NR 854.
NR 851.23(3)(e)
(e) The amended diversion area is entirely within the sewer service area.
NR 851.23(3)(f)
(f) The water will be returned to the Great Lakes basin, less an amount for consumptive use.
NR 851.23 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.30
NR 851.30 Applicability. This subchapter applies to any person proposing a new or increased intrabasin transfer. No person may begin a new or increased intrabasin transfer until the person applies for and obtains approval from the department.
NR 851.30 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.31
NR 851.31 Intrabasin transfer application. NR 851.31(1)(1)
A person seeking to begin a new or increased intrabasin transfer shall contact the department prior to applying for an intrabasin transfer.
NR 851.31(2)
(2) A person seeking to begin a new or increased intrabasin transfer shall submit an application to the department including all of the following information:
NR 851.31(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 851.31(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 851.31(2)(c)
(c) A description of the intrabasin transfer and map of the area where water will be withdrawn and transferred.
NR 851.31(2)(d)
(d) The purpose of the intrabasin transfer and whether the transfer will be continuous, temporary, or seasonal. If the intrabasin transfer is for multiple purposes, indicate the percentage for each water use sector.
NR 851.31(2)(e)
(e) The source watershed and the waterbody from which the water will be transferred, specifying if the source is surface water, including the name of the waterbody, or groundwater, including the aquifer name.
NR 851.31(2)(f)
(f) The expected daily average volume of the intrabasin transfer and, if temporary in use, the total volume of the intrabasin transfer.
NR 851.31(2)(g)
(g) The maximum intrabasin transfer volume over any 90-day period and associated water loss expressed in millions of gallons per day.
NR 851.31(2)(h)
(h) Documentation that the proposed intrabasin transfer quantity is reasonable for the purpose for which the interbasin transfer is proposed.
NR 851.31(2)(i)
(i) The location of the point of measurement and the technical method that will be used for measuring the intrabasin transfer.
NR 851.31(2)(j)
(j) If the intrabasin transfer will be used for public water supply purposes, documentation that the intrabasin transfer will be used for public water supply purposes and a water supply service area plan has been approved under ch.
NR 854 or a water supply service area plan is being submitted simultaneously with the application under this section for review and approval under ch.
NR 854.
NR 851.31(2)(k)
(k) The location and watershed where the water will be returned to the Great Lakes basin.
NR 851.31(2)(L)
(L) A description of how and when the water will be returned to the Great Lakes basin and the amount of water to be returned in gallons per day.
NR 851.31(2)(m)
(m) Information about the potential impacts of the intrabasin transfer on the waters of the Great Lakes basin and water-dependent natural resources, including the ratio of the amount diverted to the total volume of the waterbody from which the water is being diverted as a percentage.
NR 851.31(2)(n)
(n) A list of all required department approvals or permits related to the diversion, including any applicable 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 851.31(2)(p)
(p) Information regarding any other intrabasin transfer applications or approvals the applicant has submitted or received.
NR 851.31(2)(q)
(q) If the applicant proposes a new or increased intrabasin transfer that would average more than 100,000 gallons per day in any 90-day period, the applicant shall submit all of the following:
NR 851.31(2)(q)2.
2. An analysis of the feasibility of water supply alternatives within the watershed, including costs and environmental impacts.
NR 851.31(2)(r)
(r) If the applicant proposes a new or increased intrabasin transfer with a new water loss or increase in water loss that averages 5,000,000 gallons per day or more in any 90-day period, the applicant shall submit all of the following:
NR 851.31(2)(r)2.
2. An analysis of the feasibility of water supply alternatives within the watershed, including costs and environmental impacts.
NR 851.31(2)(r)3.
3. The anticipated effects, if any, of the proposed intrabasin transfer and related construction on existing uses of water resources and related land uses in the Great Lakes basin, including effects on all of the following:
NR 851.31(2)(r)3.b.
b. Water use sectors including industrial or commercial water use, commercial navigation use, thermoelectric power production, and agricultural water use.
NR 851.31(2)(r)3.c.
c. Fish and wildlife, including impacts on wetlands, fish spawning areas, and threatened and endangered species.
NR 851.31(2)(r)4.
4. 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 851.31(2)(r)5.
5. A statement, with supporting materials, as to whether the diversion complies with any applicable plans developed under ch.
281 and s.
283.83, Stats.
NR 851.31 History
History: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24. NR 851.32
NR 851.32 Intrabasin transfer review.
NR 851.32(1)(1)
Upon receipt of an application for an intrabasin transfer 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 the application is complete, it shall follow the public notice and participation process under subch.
VII.
NR 851.32(2)
(2) The department may approve an intrabasin transfer if it finds all of the following apply:
NR 851.32(2)(a)
(a) The amount of the intrabasin transfer is reasonable for the purpose for which the intrabasin transfer is proposed.
NR 851.32(2)(d)
(d) If the water is for public water supply purposes, the intrabasin transfer is consistent with an approved water supply service area plan that covers the public water supply system under s.
281.348, Stats.
NR 851.32(2)(e)
(e) If the applicant is relying on another entity to withdraw or return the water, the entity withdrawing or returning the water has demonstrated support for the proposal in the form of a letter or resolution.
NR 851.32(2)(f)
(f) All water shall be treated to meet applicable standards under s.
283.31, Stats., before being discharged to a watershed in the Great Lakes basin. If the intrabasin transfer does not terminate in the state, then all water shall be treated to meet applicable standards under
40 CFR part 125 before being discharged to a watershed in the Great Lakes basin.
NR 851.32(2)(g)
(g) For intrabasin transfers that average more than 100,000 gallons per day in any 90-day period that result in a new water loss or an increase in water loss that would average less than 5,000,000 gallons per day in every 90-day period, all of the following apply:
NR 851.32(2)(g)1.
1. The intrabasin transfer meets the exception standard under subch.
V, except that the water may be returned to a watershed within the Great Lakes basin other than the source watershed and the applicant does not need to satisfy s.
NR 851.52 (4).
NR 851.32(2)(g)2.
2. There is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.
NR 851.32(2)(h)
(h) For intrabasin transfers that result in a water loss that would average 5,000,000 gallons per day or more in any 90-day period, all of the following apply:
NR 851.32(2)(h)2.
2. There is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.
NR 851.32(2)(h)3.
3. If the water is for public water supply purposes, the proposal is consistent with an approved water supply service area plan under ch.
NR 854.
NR 851.32(2)(h)5.
5. The proposal has undergone regional body review and the department considered the regional declaration of findings.
NR 851.32(2)(i)
(i) 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 851.32(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.
