NR 851.11 NoteNote: Section 281.346 (1) (z), Stats., reads as follows: “Withdrawal” means the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water.
NR 851.11 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; (3) renumbered to (3m) under s. 13.92 (4) (b) 1., Stats., and correction in (13) made under s. 35.17, Stats., Register June 2024 No. 822.
NR 851.12NR 851.12Prohibitions. No person may begin a new diversion or increase the amount of a diversion or preexisting diversion over the amount specified in an approval, except as authorized under s. 281.346 (4) (c), (d), or (e), Stats., and this chapter.
NR 851.12 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
NR 851.13NR 851.13Responsible persons.
NR 851.13(1)(1)Persons responsible for obtaining, requesting amendment, and complying with the terms of a diversion approval are as follows:
NR 851.13(1)(a)(a) For a diversion to a straddling community or a diversion to a community in a straddling county, the person who owns or operates the public water supply system that receives or would receive water diverted from the Great Lakes basin.
NR 851.13(1)(b)(b) For intrabasin transfers, the person who transfers the Great Lakes water.
NR 851.13(1)(c)(c) For preexisting diversion approvals, the person named on the preexisting approval, or the person the department has approved for a transfer of the preexisting approval.
NR 851.13(2)(2)The department may issue a diversion approval for a straddling community or a community in a straddling county only to the person who owns and operates a public water supply system.
NR 851.13(3)(3)Operators of 2 or more public water supply systems may submit a joint application under subch. II or IV.
NR 851.13(4)(4)The department may provide and require the use of forms for purposes of applying for a diversion or for annual reporting purposes.
NR 851.13 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
NR 851.14NR 851.14Fees.
NR 851.14(1)(1)An applicant shall pay to the department a review fee of $5,000 at the time the applicant submits the application.
NR 851.14(2)(2)The department may not review an application under this chapter until the applicant submits the review fee.
NR 851.14(3)(3)If the application requires review by the Great Lakes council or regional body, the applicant shall pay to the department an amount equal to any fees imposed on the state by the Great Lakes council or regional body.
NR 851.14 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
NR 851.15NR 851.15Enforcement. A person violating this chapter or an approval under this chapter may be subject to penalties specified under s. 281.346 (14), Stats., including all of the following:
NR 851.15(1)(1)Forfeitures.
NR 851.15(2)(2)Costs of investigation and prosecution.
NR 851.15(3)(3)Abatement of nuisance.
NR 851.15(4)(4)Restoration of a natural resource.
NR 851.15(5)(5)Orders that the person take or refrain from taking any action necessary to eliminate or minimize any environmental damage caused by the violation.
NR 851.15 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
subch. II of ch. NR 851Subchapter II — Straddling Community Diversions
NR 851.20NR 851.20Applicability. This subchapter applies to any person proposing a new or increased straddling community diversion. No person may begin a new or increased straddling community diversion until the person applies for and obtains approval from the department.
NR 851.20 HistoryHistory: CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24.
NR 851.21NR 851.21Straddling community diversion application.