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.

NR 142.06(2)(h)6. 6. Fish and wildlife, including impacts on wetlands, fish spawning areas and threatened or endangered species.

NR 142.06(2)(h)7. 7. Recreation, tourism and scenic beauty.

NR 142.06(2)(i) (i) Any land acquisitions, equipment, energy consumption or the relocation or resiting of any existing community, facility, right-of-way or structure that will be required;

NR 142.06(2)(j) (j) The total anticipated costs of any proposed construction;

NR 142.06(2)(k) (k) A list of all federal, state, provincial and local approvals, permits, licenses and other authorizations required for any proposed construction;

NR 142.06(2)(L) (L) A statement, with supporting materials, as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under ss. 281.12 (1) and 283.83, Stats., and the requirements specified in any water quantity resources plan under s. 281.35 (8), Stats.;

NR 142.06(2)(m) (m) A description of alternatives which may satisfy the applicant’s needs for water if the application is denied or modified;