Chapter NR 820

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.