NR 142.04(1)(e)2. 2. By 120 days after receipt of notification under subd. 1., each person shall either:

NR 142.04(1)(e)2.a. a. Provide written acceptance of the consumptive use coefficient documented by the department; or

NR 142.04(1)(e)2.b. b. Provide written documentation, supported by a flow diagram or other water use information, or a consumptive use coefficient appropriate for the facility in question.

NR 142.04(1)(f) (f) If a person is making a withdrawal for the purpose of mining, a coefficient to be determined by each person operating a mine shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.

NR 142.04(1)(g) (g) If a person is making a withdrawal for the purpose of operating a public water system, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.

NR 142.04(2) (2) No consumptive use coefficient determined under sub. (1) (c), (d), (e), (f) or (g) may be used without prior written approval by the department. Any approval or denial of approval of a consumptive use coefficient under sub. (1) (c), (d), (e), (f) or (g) is a final decision of the department.

NR 142.04(3) (3) If any person fails to provide a consumptive use coefficient in the time specified under sub. (1) (d), (e), (f) or (g), the department shall determine a consumptive use coefficient for that person. The department shall notify the person in writing of the department’s decision and the reason for that decision.

NR 142.04(4) (4) Any person requesting a variance from the consumptive use coefficients established under sub. (1) (a) or (b) or modification of a consumptive use coefficient approved by the department under sub. (2). A person requesting a variance or modification shall submit a statement specifying the consumptive use coefficient currently in effect, the new consumptive use coefficient desired and documentation supporting the need for the change. Decisions by the department on variances or modifications requested under this section shall be final decisions of the department.

NR 142.04 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; correction in (1) (e) 1., made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2000, No. 531; correction in (1) made under s. 13.92 (4) (b) 7., Stats., November, 2018, No. 755.

NR 142.05 NR 142.05 Determining water loss. In calculating the total amount of water loss from a withdrawal a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use, facility or irrigated property under common ownership or control located on contiguous properties.

NR 142.05 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88.

NR 142.06 NR 142.06 Water loss approval.

NR 142.06(1) (1) Approval required. Before a person may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18 or 281.41, Stats., for a new approval or a modification of an existing approval if either of the following apply:

NR 142.06(1)(a) (a) The person proposes to begin a withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.

NR 142.06(1)(b) (b) The person proposes to increase a withdrawal by an amount that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the person’s authorized base level of water loss.

NR 142.06(2) (2) Application information. A water loss approval application shall contain a statement of and documentation for the following:

NR 142.06(2)(a) (a) The current operating capacity of the withdrawal system, if the proposed increase requires the expansion of an existing system;

NR 142.06(2)(b) (b) The total proposed operating capacity of the withdrawal system;

NR 142.06(2)(c) (c) The location and source of the proposed withdrawal;

NR 142.06(2)(d) (d) The location of the proposed discharge or return flow;

NR 142.06(2)(e) (e) The location and nature of the proposed water use;

NR 142.06(2)(f) (f) The estimated average annual and monthly volumes and rates of the proposed withdrawal;

NR 142.06(2)(g) (g) The estimated average annual and monthly volumes and rates of the proposed water loss;

NR 142.06(2)(h) (h) The anticipated effects, if any, the proposed withdrawal will have on existing uses of water resources and related land uses both within and outside of the Great Lakes basin or the upper Mississippi river basin, including effects on:

NR 142.06(2)(h)1. 1. Public and private potable water supplies.

NR 142.06(2)(h)2. 2. Agricultural water use such as irrigation and livestock watering and washing.

NR 142.06(2)(h)3. 3. Industrial and commercial water use.

NR 142.06(2)(h)4. 4. Commercial navigation use, including the impact on the need for dredging of harbors and channels.

NR 142.06(2)(h)5. 5. Hydroelectric and thermoelectric power production.