Chapter NR 142

Chapter NR 142

WISCONSIN WATER MANAGEMENT AND CONSERVATION

NR 142.01   Applicability; purpose.

NR 142.02   Definitions.

NR 142.04   Determining consumptive use.

NR 142.05   Determining water loss.

NR 142.06   Water loss approval.

NR 142.07   Great Lakes basin water loss.

NR 142.09   Department investigations.

NR 142.01 NR 142.01 Applicability; purpose.

NR 142.01(1) (1) Applicability. This chapter applies to any person withdrawing water from any waters of the state.

NR 142.01(2) (2) Purpose. The purpose of this chapter is to protect and promote the conservation of the waters of the state; to provide for the management of the waters of the state through the development of a statewide water quantity resources plan; to register major withdrawals from the waters of the state; and to require departmental approval for major interbasin diversions and consumptive uses of water in order to protect public and private water rights in the state when the level, flow, use or quality of the waters of the state is threatened.

NR 142.01 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88.

NR 142.02 NR 142.02 Definitions. The following definitions apply to the terms used in this chapter:

NR 142.02(1) (1) “Approval” means a permit issued under s. 30.18, Stats., or an approval under s. 281.41, Stats.

NR 142.02(2) (2) “Authorized base level of water loss” means any of the following:

NR 142.02(2)(a) (a) The maximum 30-day average water loss authorized as a condition of a permit or approval.

NR 142.02(2)(b) (b) If par. (a) does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under s. 30.18 (6) (c), 281.35, or 281.41, Stats.

NR 142.02(2)(c) (c) If there is no water loss from an existing withdrawal, zero gallons per day.

NR 142.02(3) (3) “Consumptive use” has the meaning designated in s. 281.35 (1) (c), Stats.

NR 142.02 Note Note: Consumptive uses are determined under s. NR 142.04.

NR 142.02(4) (4) “Consumptive use coefficient” means a constant numerical measure, as determined under s. NR 142.04 (1) to (4), which is used to determine the consumptive use portion of a facility’s withdrawal.

NR 142.02(5) (5) “Department” means the department of natural resources.

NR 142.02(6) (6) “Existing withdrawal” means a lawful withdrawal from the waters of the state occurring on or before January 1, 1986.

NR 142.02(7) (7) “Facility” means an operating plant or establishment serving water or electricity to the public or carrying on any manufacturing activity, trade or business on a common site, including similar plants under common ownership or control located on contiguous properties. Plants or establishments under common ownership or control located on separate sites shall be considered separate and individual facilities.

NR 142.02(8) (8) “Great Lakes basin” means the watershed of the Great Lakes and the St. Lawrence river upstream from Trois Rivieres, Quebec, Canada.

NR 142.02(9) (9) “Great Lakes region” means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin, the commonwealth of Pennsylvania and the provinces of Ontario and Quebec, Canada.

NR 142.02(10) (10) “Interbasin diversion” means a transfer of waters of the state from either the Great Lakes basin or the upper Mississippi river basin to any other basin.

NR 142.02(11) (11) “International joint commission” means the commission established by the boundary waters treaty of 1909 between the United States and Canada.

NR 142.02(12) (12) “Person” means an individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency, federal agency and also includes special purpose districts established under s. 66.0827, Stats., other states and provinces and their political subdivisions.

NR 142.02(13) (13) “Public water system” means a water system for the provision to the public of piped water for human consumption, 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.

NR 142.02(14) (14) “Registrant” means any person who registers a withdrawal.

NR 142.02(15) (15) “Upper Mississippi river basin” means the watershed of the Mississippi river upstream from Cairo, Illinois.

NR 142.02(16) (16) “Water loss” means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.

NR 142.02(17) (17) “Water loss approval application fee” means the fee collected from each person who submits a water loss approval application to the department pursuant to s. 281.35 (5), Stats.

NR 142.02(18) (18) “Water loss approval annual fee” means the fee collected from each person whose application is approved pursuant to s. 281.35 (6), Stats.

NR 142.02(19) (19) “Waters of the state” has the meaning designated in s. 281.01 (18), Stats.

NR 142.02(20) (20) “Withdrawal” means the removal or taking of water from the waters of the state. For the purposes of this chapter, the following are not considered to be a withdrawal:

NR 142.02(20)(a) (a) The passage of water through, or storage of water for, a hydroelectric generating facility, plant or structure.

NR 142.02(20)(b) (b) The diversion of surface water from any source for the purposes of cultivating or harvesting cranberries.

NR 142.02(21) (21) “Withdrawal fee” means a fee assessed to persons making a withdrawal averaging more than 100,000 gallons per day in any 30-day period from the waters of the state.

NR 142.02 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; corrections in (1), (2) (b), (3), (17) to (19) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2000, No. 531; corrections in (1), (2) (b), (12) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660, correction in (14) made under s. 13.92 (4) (b) 7., Stats., November, 2018, No. 755.

NR 142.04 NR 142.04 Determining consumptive use.

NR 142.04(1) (1) Persons required to provide volumes and rates of consumptive use to the department under s. NR 142.06 (2) (g) shall do so in the following manner:

NR 142.04(1)(a) (a) If a person is making a withdrawal for the purpose of irrigating agricultural crops, a golf course, or for any other nondomestic irrigation purposes; a coefficient of 70% of the total amount withdrawn shall be used to estimate consumptive use.

NR 142.04(1)(b) (b) If a person is making a withdrawal for the purpose of a nonirrigation agricultural activity, such as the watering and washing of livestock, or for any other agricultural purpose, a coefficient of 90% of the total amount withdrawn shall be used to estimate consumptive use.

NR 142.04(1)(c) (c) If a person is making a withdrawal for the purpose of operating a thermoelectric power generating facility, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use rate, and the method, calculation, formula or device used in determining the coefficient. If the department does not receive a consumptive use coefficient within the time period specified for any facility to which this paragraph applies, then a coefficient of 1.2 acre feet per million kilowatt hours of electricity produced shall be used to estimate consumptive use for that facility.

NR 142.04(1)(d) (d) If a person is making a withdrawal for the purpose of operating a commercial facility, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.

NR 142.04(1)(e) (e)

NR 142.04(1)(e)1. 1. If a person is making a withdrawal for the purpose of operating an industrial facility, the department, where possible, shall determine a consumptive use coefficient based on available flow diagrams or other water use information submitted to the department by each facility pursuant to s. 283.31, Stats., or the federal water pollution control act as amended 33 USC 1251 to 1376. By December 31, 1988 the department shall either:

NR 142.04(1)(e)1.a. a. Notify each person by mail of the consumptive use coefficient documented from a flow diagram or other water use information; or

NR 142.04(1)(e)1.b. b. Notify each person by mail that insufficient flow diagram or other water use information was available.

NR 142.04(1)(e)2. 2. By 120 days after receipt of notification under subd. 1., each person shall either:

NR 142.04(1)(e)2.a. a. Provide written acceptance of the consumptive use coefficient documented by the department; or

NR 142.04(1)(e)2.b. b. Provide written documentation, supported by a flow diagram or other water use information, or a consumptive use coefficient appropriate for the facility in question.

NR 142.04(1)(f) (f) If a person is making a withdrawal for the purpose of mining, a coefficient to be determined by each person operating a mine shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.

NR 142.04(1)(g) (g) If a person is making a withdrawal for the purpose of operating a public water system, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.

NR 142.04(2) (2) No consumptive use coefficient determined under sub. (1) (c), (d), (e), (f) or (g) may be used without prior written approval by the department. Any approval or denial of approval of a consumptive use coefficient under sub. (1) (c), (d), (e), (f) or (g) is a final decision of the department.

NR 142.04(3) (3) If any person fails to provide a consumptive use coefficient in the time specified under sub. (1) (d), (e), (f) or (g), the department shall determine a consumptive use coefficient for that person. The department shall notify the person in writing of the department’s decision and the reason for that decision.

NR 142.04(4) (4) Any person requesting a variance from the consumptive use coefficients established under sub. (1) (a) or (b) or modification of a consumptive use coefficient approved by the department under sub. (2). A person requesting a variance or modification shall submit a statement specifying the consumptive use coefficient currently in effect, the new consumptive use coefficient desired and documentation supporting the need for the change. Decisions by the department on variances or modifications requested under this section shall be final decisions of the department.

NR 142.04 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; correction in (1) (e) 1., made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2000, No. 531; correction in (1) made under s. 13.92 (4) (b) 7., Stats., November, 2018, No. 755.

NR 142.05 NR 142.05 Determining water loss. In calculating the total amount of water loss from a withdrawal a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use, facility or irrigated property under common ownership or control located on contiguous properties.

NR 142.05 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88.

NR 142.06 NR 142.06 Water loss approval.

NR 142.06(1) (1) Approval required. Before a person may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18 or 281.41, Stats., for a new approval or a modification of an existing approval if either of the following apply:

NR 142.06(1)(a) (a) The person proposes to begin a withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.

NR 142.06(1)(b) (b) The person proposes to increase a withdrawal by an amount that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the person’s authorized base level of water loss.

NR 142.06(2) (2) Application information. A water loss approval application shall contain a statement of and documentation for the following:

NR 142.06(2)(a) (a) The current operating capacity of the withdrawal system, if the proposed increase requires the expansion of an existing system;

NR 142.06(2)(b) (b) The total proposed operating capacity of the withdrawal system;

NR 142.06(2)(c) (c) The location and source of the proposed withdrawal;

NR 142.06(2)(d) (d) The location of the proposed discharge or return flow;

NR 142.06(2)(e) (e) The location and nature of the proposed water use;

NR 142.06(2)(f) (f) The estimated average annual and monthly volumes and rates of the proposed withdrawal;

NR 142.06(2)(g) (g) The estimated average annual and monthly volumes and rates of the proposed water loss;

NR 142.06(2)(h) (h) The anticipated effects, if any, the proposed withdrawal will have on existing uses of water resources and related land uses both within and outside of the Great Lakes basin or the upper Mississippi river basin, including effects on:

NR 142.06(2)(h)1. 1. Public and private potable water supplies.

NR 142.06(2)(h)2. 2. Agricultural water use such as irrigation and livestock watering and washing.

NR 142.06(2)(h)3. 3. Industrial and commercial water use.

NR 142.06(2)(h)4. 4. Commercial navigation use, including the impact on the need for dredging of harbors and channels.

NR 142.06(2)(h)5. 5. Hydroelectric and thermoelectric power production.

NR 142.06(2)(h)6. 6. Fish and wildlife, including impacts on wetlands, fish spawning areas and threatened or endangered species.

NR 142.06(2)(h)7. 7. Recreation, tourism and scenic beauty.

NR 142.06(2)(i) (i) Any land acquisitions, equipment, energy consumption or the relocation or resiting of any existing community, facility, right-of-way or structure that will be required;

NR 142.06(2)(j) (j) The total anticipated costs of any proposed construction;

NR 142.06(2)(k) (k) A list of all federal, state, provincial and local approvals, permits, licenses and other authorizations required for any proposed construction;