Chapter NR 820

NR 820.29(1) (1) High capacity wells in groundwater protection areas. Unless another time period is specified by law, the department shall complete its review and make a determination on all applications for approval of proposed high capacity wells in groundwater protection areas within 65 business days after receipt of a complete application unless the department notifies the applicant under s. NR 820.30 (4) (a) or (b) that additional information is needed in order for the department to prepare an environmental analysis for the proposed high capacity well.

NR 820.29(2) (2) High capacity wells near springs. Unless another time period is specified by law, the department shall complete its review and make a determination on all applications for approval of proposed high capacity wells near springs within 65 business days after receipt of a complete application unless the department notifies the applicant under s. NR 820.31 (4) (a) or (b) that additional information is needed in order for the department to prepare an environmental analysis for the proposed high capacity well.

NR 820.29 History History: CR 06-121: cr. Register August 2007 No. 620, eff. 9-1-2007; CR 13-022: am. (1), (2) Register March 2014 No. 699, eff. 4-1-14.

NR 820.30 NR 820.30 High capacity wells in groundwater protection areas.

NR 820.30(1) (1) Except as provided in sub. (2), an application for approval of a high capacity well within a groundwater protection area shall be supplemented to include all of the following information:

NR 820.30(1)(a) (a) The name of each class 1, 2 or 3 trout stream, outstanding resource water or exceptional resource water that is located within 1,200 feet of the proposed well location.

NR 820.30 Note Note: Outstanding resource waters and exceptional resource waters are identified in ss. NR 102.10 and 102.11. Chapter NR 102 is available for viewing and printing on the Internet at: http://www.legis.state.wi.us/rsb/code/nr/nr102.pdf. Paper copies of ch. NR 102 may be obtained from the Department of Natural Resources, Bureau of Watershed Management, 101 South Webster Street, Natural Resources Building, PO Box 7921, Madison, Wisconsin 53707-7921.

NR 820.30(1)(b) (b) The distance from each proposed high capacity well to the class 1, 2 or 3 trout stream, outstanding resource water or exceptional resource water.

NR 820.30(1)(c) (c) If the potentially affected water body is a stream, a description of the stream channel at the point nearest to the proposed well location including stream width, depth of water, publicly available information regarding seasonal flow and nature of the substrate.

NR 820.30(1)(d) (d) If the potentially affected water body is a lake or flowage, a description of the lake or flowage including identification and approximate flows of major inlets and outlets, surface area of the lake or flowage, approximate elevation of the current lake or flowage level, analysis of publicly available information pertaining to historic lake level fluctuations, and nature of the lake bed.

NR 820.30(1)(e) (e) A description of all other wells on the high capacity property including location relative to the class 1, 2 or 3 trout stream, or outstanding or exceptional resource water, maximum pumping capacity, estimated actual annual pumpage for each well and frequency of pumping for each well.

NR 820.30(1)(f) (f) A description of the hydrogeologic conditions in the vicinity of the proposed well including flow direction, groundwater elevation, depth to groundwater, and a description of the aquifer characteristics including approximate thickness of each aquifer.

NR 820.30(1)(g) (g) A discussion and analysis of alternative well locations and feasibility of siting the high capacity well outside of the groundwater protection area.

NR 820.30(1)(h) (h) A determination by a registered professional engineer, registered professional geologist or registered professional hydrologist of the 80% exceedance flow for the stream and associated water level at the location closest to the proposed well location.

NR 820.30(1)(i) (i) If the affected water body is a lake, a determination by a registered professional engineer, registered professional geologist or registered professional hydrologist of the 80% exceedance flow and associated water level for the primary surface water outlet and the invert elevation of the primary surface water outlet.

NR 820.30(1)(j) (j) The appropriate consumptive use coefficient.

NR 820.30(2) (2) 

NR 820.30(2)(a) (a) The department may approve a high capacity well as described in pars. (b) to (e) within a groundwater protection area without preparing an environmental analysis if it determines that construction and operation of the proposed well will not result in significant adverse environmental impact. The information specified under sub. (1) (h) to (j) is not required for a proposed well if any of the conditions in pars. (b) to (e) apply. Based on information submitted by the applicant under sub. (1) and other available information, the department may determine that supplemental information and review is needed in order to issue or deny the necessary approval. The department shall include in any approval issued using the standards under s. 281.34, Stats., conditions to ensure that the high capacity well will not result in significant adverse environmental impacts to trout streams, outstanding resource waters and exceptional resource waters. The conditions may include but are not limited to conditions as to location, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, and conservation measures.

NR 820.30(2)(b) (b) The proposed high capacity well is a well that does not have a pump capacity of greater than 20 gallons per minute and the well is to be used solely for domestic purposes for a single residence.

NR 820.30(2)(c) (c) The proposed high capacity well is intended to be used for purposes such as fire suppression and similar non-commercial, non-industrial and non-agricultural irrigation purposes, and the well will only be used on a sporadic basis averaging less than 30 days each year and will generally operate for no more than 2 consecutive days.

NR 820.30(2)(d) (d) The high capacity well application is for reconstruction of an existing high capacity well and the application does not seek an increase in the approved pumping capacity of the well.

NR 820.30(2)(e) (e) The high capacity well application is for temporary dewatering of a single construction site in unconsolidated deposits and the duration of the project will not extend more than one construction season.

NR 820.30(3) (3) 

NR 820.30(3)(a) (a) The department may approve a proposed high capacity well without completing an environmental analysis under ch. NR 150 if the proposed well is not a well described in sub. (2) (b) to (e) and the department determines that construction and operation of the proposed well will not result in significant adverse environmental impacts to the stream or lake and at least one of the conditions in subds. 1. to 5. is satisfied. In making this determination, the department shall consider impacts caused by other wells on the high capacity property and take into account actual or current conditions of the Class 1, 2, or 3 trout stream, outstanding resource water, or exceptional resource water.

NR 820.30(3)(a)1. 1. The potentially affected water body is a trout stream and the proposed pumping capacity of the high capacity well is less than 10% of the value for the 80% exceedance flow for the stream.

NR 820.30(3)(a)2. 2. The potentially affected water body is an outstanding or exceptional resource water that is a stream and the proposed pumping capacity of the high capacity well is less than 10% of the value for the 80% exceedance flow for the stream.

NR 820.30(3)(a)3. 3. The potentially affected water body is an outstanding or exceptional resource water that is a lake with a surface outlet and the proposed pumping capacity of the high capacity well is less than 10% of the value for the 80% exceedance flow for the primary surface outlet from the lake.

NR 820.30(3)(a)4. 4. The potentially affected water body is an outstanding or exceptional resource water that is a lake with a surface water outlet and a surface area of at least 600 acres.

NR 820.30(3)(a)5. 5. The potentially affected water body is an outstanding or exceptional resource water that is a lake with a surface water outlet, a surface area of less than 600 acres and the volume of water that would be pumped from the well in 30 days of continuous pumping at maximum capacity is less than 5% of the volume of the lake.

NR 820.30(3)(b) (b) The department shall include in any approval issued using the standards under s. 281.34, Stats., conditions to ensure that the high capacity well will not result in significant adverse environmental impacts to trout streams, outstanding resource waters and exceptional resource waters. The conditions may include but are not limited to conditions as to location, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow and conservation measures. The department may also modify the approvals or place additional conditions on the approvals of other previously approved wells on the high capacity property to prevent significant adverse environmental impacts.

NR 820.30(4) (4) All of the following provisions shall apply to proposed high capacity wells that are not included under sub. (3) (a) 1. to 5. and proposed wells that satisfy the conditions under sub. (3) (a) 1. to 5. but for which the department has determined that the proposed well may have a significant adverse environmental impact on the trout stream, outstanding resource water or exceptional resource water:

NR 820.30(4)(a) (a) The department shall notify the applicant that the proposed high capacity well may have a significant impact on the stream or lake and may require additional information concerning flow characteristics of the affected stream or lake, site-specific geologic and hydrogeologic information and pertinent regional information.

NR 820.30(4)(b) (b) Within 65 business days of receipt of a complete application, the department shall identify additional informational requirements necessary to evaluate the proposed well and may determine that the applicant shall develop and submit an environmental impact report in accordance with ch. NR 150.

NR 820.30(4)(c) (c) Following receipt of the requested information, the department shall follow the environmental analysis procedures of ch. NR 150.

NR 820.30(4)(d) (d) If the department determines that operation of the proposed high capacity well will not result in significant adverse environmental impact on critical resources within the stream or lake and other uses of the stream or lake, the department shall approve the well and include in any approval issued using the standards under s. 281.34, Stats., conditions to ensure that operation of the proposed well will not cause significant adverse environmental impact to critical aquatic resources or other existing uses of the stream or lake. The conditions may include but are not limited to conditions as to location, depth of casing, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, ultimate use and conservation measures. In the case of Class 1, 2 and 3 trout streams and outstanding or exceptional resource waters that contain warm water sport fisheries, flow conditions in the stream shall be maintained such that the fish populations and critical habitat are not adversely affected.

NR 820.30(5) (5) As part of an approval issued using the standards under s. 281.34, Stats., the department may require the owner of the high capacity well to implement a monitoring plan to document stream flow or lake level conditions in the vicinity of any well located within a groundwater protection area and based on results of the monitoring program may revise the approval.

NR 820.30(6) (6) The department may not issue an approval using the standards under s. 281.34, Stats., for a high capacity well within a groundwater protection area unless it is able to include and includes conditions that ensure that the well does not cause significant adverse environmental impact.

NR 820.30(7) (7) The department may order the owner of a high capacity well constructed prior to May 7, 2004 that is located in a groundwater protection area to mitigate the effects of the well. Mitigation may include abandonment of the well, replacement of the well, if necessary, and management strategies. If mitigation is ordered, the department shall provide funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under ch. 280, Stats., to require the well to be abandoned because of issues regarding public health.

NR 820.30 History History: CR 06-121: cr. Register August 2007 No. 620, eff. 9-1-2007; CR 13-022: am. (2) (a), (3) (a), (4) (b), (c) Register March 2014 No. 699, eff. 4-1-14; corrections in (4) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699.

NR 820.31 NR 820.31 High capacity wells near springs.

NR 820.31(1) (1) For any application for approval of a high capacity well under s. 281.34, Stats., the department shall determine if there is a spring, as defined in this chapter, located in the vicinity of the proposed well.

NR 820.31(2) (2) If the department determines that a proposed high capacity well is located near a spring the department shall assess the proposed well to determine whether construction and operation of the well will result in substantially reduced flow from the spring and significant adverse environmental impact to the spring. The department shall consider the location of the well relative to the spring, well construction details, information regarding construction and operation of all other wells on the property, available information concerning the geology and hydrogeology of the area, historical flow data for the spring and other pertinent information.

NR 820.31(3) (3) If the department determines that construction and operation of the proposed high capacity well will not result in a substantial reduction in flow from the spring or result in significant adverse environmental impact to the spring, the department may approve the proposed well and shall include in any approval issued using the standards under s. 281.34, Stats., conditions to ensure that the well will not result in significant adverse environmental impact to the spring. The conditions may include but are not limited to conditions as to location, depth of casing, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, ultimate use and conservation measures.

NR 820.31(4) (4) All of the following provisions shall apply to proposed high capacity wells that are determined to reduce flow in a spring such that significant adverse environmental impact to the spring or related aquatic and terrestrial resources may result:

NR 820.31(4)(a) (a) The department shall notify the applicant that the proposed high capacity well may have a significant adverse environmental impact on a spring and may require additional information concerning flow characteristics of the affected spring, site-specific geologic and hydrogeologic information, a discussion and analysis of alternative well locations, and pertinent regional information.

NR 820.31(4)(b) (b) Within 65 business days of receipt of a complete application, the department shall identify additional informational requirements necessary to evaluate the proposed well and may determine that the applicant shall develop and submit an environmental impact report in accordance with ch. NR 150.

NR 820.31(4)(c) (c) Following receipt of the requested information, the department shall follow the environmental analysis procedures of ch. NR 150.

NR 820.31(4)(d) (d) If the department determines that operation of the proposed high capacity well will not result in significant adverse environmental impact to the spring and related resources, the department shall approve the well and include in any approval issued under s. 281.34, Stats., conditions to ensure that operation of the proposed well will not cause significant adverse environmental impacts to the spring or critical resources related to the spring. The conditions may include but are not limited to conditions as to location, depth of casing, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, ultimate use and conservation measures. The department may approve a proposed high capacity well that is predicted to result in a reduction of flow in a spring only if the predicted reduction would not cause permanent and irreversible impacts to the spring and related resources. The department may not approve a proposed high capacity well that is predicted to result in a reduction in flow from a spring such that the spring does not flow at one cubic foot per second or greater at least 80% of the time or that will reduce the average annual flow from a spring by greater than 20%.

NR 820.31(5) (5) As part of an approval issued using the standards under s. 281.34, Stats., the department may require the owner of the high capacity well to implement a monitoring plan to document conditions of the spring and related resources and based on results of the monitoring program may revise the approval.

NR 820.31 History History: CR 06-121: cr. Register August 2007 No. 620, eff. 9-1-2007; CR 13-022: am. (4) (b), (c) Register March 2014 No. 699, eff. 4-1-14; correction in (4) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699.

NR 820.32 NR 820.32 Projects with high water loss.

NR 820.32(1) (1) For any application for approval of a high capacity well under s. 281.34, Stats., the applicant shall identify and the department shall verify whether the proposed use of the well will result in an annual water loss of greater than 95%. The department may require submittal of a detailed water balance as part of the application in order to determine the approximate water loss.

NR 820.32(2) (2) If the department determines that a proposed high capacity well will result in an annual water loss of greater than 95%, the department shall notify the applicant that the proposed well may result in a water loss of greater than 95%. Within 65 business days of receipt of a complete application, the department shall identify additional informational requirements necessary to evaluate the proposed well and may determine that the applicant shall develop and submit an environmental impact report in accordance with ch. NR 150.

NR 820.32(3) (3) Following receipt of all requested information, the department shall follow the environmental analysis procedures of ch. NR 150.

NR 820.32(4) (4) If the department determines that construction and operation of the proposed high capacity well will not result in significant environmental impact to surface and groundwater resources, the department shall approve the well and include in any approval issued using the standards under s. 281.34, Stats., conditions to ensure that operation of the proposed well will not cause significant adverse environmental impact to surface water or groundwater resources. The conditions may include but are not limited to conditions as to location, depth of casing, depth of lower drillhole, depth interval of well screen, pumping capacity, pumpage schedule, months of operation, rate of flow, ultimate use, and conservation measures.

NR 820.32(5) (5) As part of an approval issued using the standards under s. 281.34, Stats., the department may require the owner of the high capacity well to develop and implement a water conservation and management plan that minimizes, to the extent technically and economically feasible, the degree of water loss related to operation of the high capacity well system.

NR 820.32(6) (6) As part of an approval issued using the standards under s. 281.34, Stats., the department may require the owner of the high capacity well system to implement a monitoring plan to evaluate environmental impacts caused by operation of the high capacity well system and based on results of the monitoring program may revise the approval.

NR 820.32 History History: CR 06-121: cr. Register August 2007 No. 620, eff. 9-1-2007; CR 13-022: am. (2), (3) Register March 2014 No. 699, eff. 4-1-14; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699, eff. 4-1-14.

NR 820.33 NR 820.33 Public utility wells. Sections NR 820.30 to 820.32 do not apply to proposed high capacity wells that are water supplies for public water systems operated by a public utility, as defined by s. 196.01, Stats., engaged in supplying water to or for the public, if the department determines that there is no other reasonable alternative location for the well and includes in the approval conditions that ensure that the environmental impact of the well is balanced by the public benefit of the well related to public health and safety. Conditions of the approval for the well may include, but are not limited to, conditions as to location, depth, pumping capacity, rate of flow, and ultimate use.

NR 820.33 History History: CR 06-121: cr. Register August 2007 No. 620, eff. 9-1-2007.