NR 860.33 Note Note: Department review of a proposed modification may require compliance with the state decision-making standard under s. 281.346 (5m), Stats., or the compact decision-making standard under s. 281.346 (6), Stats.

NR 860.33(3) (3) If the department determines that the requested modification does not meet the requirements of s. NR 860.32 (1), the department shall disapprove the application in writing and state the reasons for the disapproval.

NR 860.33(4) (4) The department shall keep records in a database of all approved modifications to withdrawal amounts.

NR 860.33 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

NR 860.34 NR 860.34 Individual Water Use Permit Reissuance.

NR 860.34(1) (1) Individual water use permits expire 10 years from the date of department issuance.

NR 860.34(2) (2) The department shall send notification to owners at least 365 days prior to the expiration of the permit that the individual permit will expire and that reissuance of the permit is required. The department shall send notification to owners using the most economical communication tool available and the most recent contact information submitted by the owner.

NR 860.34 Note Note: The most economical communication tool used by the department on October 1, 2011 is email.

NR 860.34(3) (3) Permittees that intend to continue to withdraw at least 1,000,000 gallons of water per day for any 30 consecutive days shall apply to the department using the method prescribed by the department for reissuance of a permit at least 180 days before the expiration of the permit. The application shall include an update to the information originally submitted to the department for a permit. The failure of an owner to apply for reissuance at least 180 days prior to the expiration of the individual permit shall not result in the loss of an established baseline or specified withdrawal amount.

NR 860.34 Note Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.

NR 860.34(4) (4) If the permittee applying for a reissuance is in substantial compliance with the current permit, the department has completed the applicable public participation requirements under subch. IV, and the withdrawal meets the requirements under s. NR 860.32 (1) and s. 281.346 (5) (j), Stats., the department shall issue a new permit.

NR 860.34(5) (5) The department shall follow the requirements of s. NR 860.31 (3), when reviewing the reissuance request.

NR 860.34 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

subch. IV of ch. NR 860 Subchapter IV — Public Participation

NR 860.40 NR 860.40 Applicability.

NR 860.40(1) (1) The public participation requirements outlined in this subchapter apply to all of the following:

NR 860.40(1)(a) (a) Individual water use permits under s. 281.346 (5), Stats., that require the applicant to meet the state decision-making standard under s. 281.346 (5m), Stats., or compact decision-making standard under s. 281.346 (6), Stats., except for a public water supply that has an approved water supply service area plan under s. 281.348, Stats.

NR 860.40(1)(b) (b) General water use permits under s. 281.346 (4s), Stats.

NR 860.40 Note Note: Public participation is only required for the department issuance of the general permit itself. The issuance of notice of coverage under a general permit to a withdrawer does not require public participation.

NR 860.40(2) (2) The department shall not issue a decision regarding a permit covered under sub. (1) until the requirements of this subchapter have been met.

NR 860.40 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

NR 860.41 NR 860.41 Public Notice and Comment.

NR 860.41(1) (1) The department shall draft and provide a public notice regarding each general permit proposed by the department and each individual permit application under s. NR 860.40 (1). The public notice shall allow 30 days for public comment. For individual water use permit applications specified in s. NR 860.40 (1), the notice shall be provided within 90 days of the department receiving a complete application. For general permits, the department shall provide, publish, and deliver the public notice when a draft general permit has been completed.

NR 860.41(2) (2) The public notice shall comply with all of the following:

NR 860.41(2)(a) (a) Be published by the applicant as a class 1 notice under ch. 985, Stats., in the counties where water from the withdrawal will be used and in counties within five miles of the location of the withdrawal. For actions involving individual water use permits, the applicant shall provide proof of publication of the notice in the form of an affidavit from the newspaper certifying publication and documenting the date of publication.

NR 860.41 Note Note: The department is responsible for publishing the required notice for general permits.

NR 860.41(2)(b) (b) Be delivered by the department or applicant to any person, group, local governmental unit, or state agency upon request. The applicant for an individual water use permit shall provide proof of delivery in the form of an affidavit or documentation from the delivery method or person.

NR 860.41(2)(c) (c) Be delivered by the department or applicant to persons or groups on a formal department water use permit application mailing list. The applicant for an individual water use permit shall provide proof of delivery in the form of an affidavit or documentation from the delivery method or person.

NR 860.41(3) (3) The public notice shall include all of the following information: