NR 851.42(2)(a)(a) The proposal is properly characterized as a community within a straddling county diversion based on the boundaries of the county and the city, village, or town to which water will be diverted in relation to the Great Lakes basin.
NR 851.42(2)(b)(b) The applicant owns or operates a public water supply system.
NR 851.42(2)(c)(c) The diverted water is solely for public water supply purposes in the portion of a community that is within a straddling county based on the boundaries of the county, city, village, or town.
NR 851.42(2)(d)(d) The community is without adequate supplies of potable water.
NR 851.42(2)(e)(e) The proposal meets the exception standard under subch. V.
NR 851.42(2)(f)(f) There is no reasonable water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.
NR 851.42(2)(g)(g) If applicable and available, the department has considered scientifically based evidence regarding the interconnection between existing groundwater supplies and the waters of the Great Lakes basin.
NR 851.42(2)(h)(h) The diversion maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside of the Great Lakes basin that will be returned to the source watershed.
NR 851.42(2)(i)(i) The proposed diversion has no significant adverse impact on the Great Lakes basin ecosystem.
NR 851.42(2)(j)(j) The diversion area is entirely within a sewer service area or the applicant has another mechanism to return the water to the Great Lakes basin.
NR 851.42(2)(k)(k) The proposal is consistent with an approved water supply service area plan under ch. NR 854.
NR 851.42(2)(L)(L) The applicant has obtained all applicable permits or approvals for the withdrawal and discharge of Great Lakes water under s. 30.12, 30.18, 281.15, 281.34, 281.41, or 283.31, Stats.
NR 851.42(2)(m)(m) The department conducted a technical review.
NR 851.42(2)(n)(n) The proposal has undergone regional body review and the department considered the regional declaration of findings.
NR 851.42(2)(o)(o) The Great Lakes council has approved the proposal.
NR 851.42 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
NR 851.43NR 851.43Amendment to a community within a straddling county diversion approval.
NR 851.43(1)(1)A person seeking to amend an approval for a community within a straddling county diversion shall contact the department to discuss the scope of the request. A person seeking an amendment shall submit to the department the amendment request and documentation to support all relevant application requirements under s. NR 851.41. Upon receipt of the request and at any time during its review, the department may request additional information, documentation, and materials necessary to review the request.
NR 851.43(2)(2)The department shall work with the applicant to follow regional body and Great Lakes council procedures to amend a community within a straddling county diversion approval.
NR 851.43(3)(3)The department may amend a community within a straddling county diversion approval if it is consistent with the regional body and Great Lakes council approval and findings.
NR 851.43 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register June 2024 No. 822.
subch. V of ch. NR 851Subchapter V — The Exception Standard
NR 851.50NR 851.50Exception standard applicability. The exception standard implements the criteria established under s. 281.346 (4) (f), Stats. The exception standard applies to all of the following:
NR 851.50(1)(1)A new or increased straddling community diversion proposal that results from a new withdrawal or an increase in a withdrawal that would average 100,000 gallons or more per day in any 90-day period.
NR 851.50(2)(2)An intrabasin transfer proposal that results from a new withdrawal or an increase in a withdrawal that would average more than 100,000 gallons per day in any 90-day period.
NR 851.50(3)(3)An intrabasin transfer proposal that results in a new or increased water loss that would average 5,000,000 gallons per day or more in any 90-day period.
NR 851.50(4)(4)A new or increased community within a straddling county diversion proposal.
NR 851.50 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
NR 851.51NR 851.51Exception standard application requirements. In addition to the applicable application requirements under subch. II, III, or IV, the applicant shall provide all of the following information with any application submitted under subch. II, III, or IV: