Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter III - Intrabasin Transfers › Section NR 851.32 - Intrabasin transfer review

Current through June 24, 2024
(1) Upon
				  receipt of an application for an intrabasin transfer and at any time during its
				  review, the department may request from the applicant additional information,
				  documentation, and materials necessary to complete or review the application.
				  When the department determines the application is complete, it shall follow the
				  public notice and participation process under subch. VII.
(2) The department may approve an intrabasin
				  transfer if it finds all of the following apply:
(a) The amount of the intrabasin transfer is
				  reasonable for the purpose for which the intrabasin transfer is
				  proposed.
(b) The Tier 3 water
				  conservation plan meets the requirements under ch. NR 852.
(c) 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.
(d) If the water is for public water supply
				  purposes, the intrabasin transfer is consistent with an approved water supply
				  service area plan that covers the public water supply system under s. 281.348,
				  Stats.
(e) If the applicant is
				  relying on another entity to withdraw or return the water, the entity
				  withdrawing or returning the water has demonstrated support for the proposal in
				  the form of a letter or resolution.
(f) All water shall be treated to meet
				  applicable standards under s. 283.31, Stats., before being discharged to a
				  watershed in the Great Lakes basin. If the intrabasin transfer does not
				  terminate in the state, then all water shall be treated to meet applicable
				  standards under  40 CFR part 125  before being discharged to a watershed in the
				  Great Lakes basin.
(g) For
				  intrabasin transfers that average more than 100,000 gallons per day in any
				  90-day period that result in a new water loss or an increase in water loss that
				  would average less than 5,000,000 gallons per day in every 90-day period, all
				  of the following apply:
1. The intrabasin
				  transfer meets the exception standard under subch. V, except that the water may
				  be returned to a watershed within the Great Lakes basin other than the source
				  watershed and the applicant does not need to satisfy s. NR 851.52
				  (4).
2. There is no feasible,
				  cost-effective, and environmentally sound water supply alternative within the
				  watershed to which the water will be transferred, including conservation of
				  existing water supplies.
(h) For intrabasin transfers that result in a
				  water loss that would average 5,000,000 gallons per day or more in any 90-day
				  period, all of the following apply:
1. The
				  proposal meets the exception standard under subch. V.
2. There is no feasible, cost-effective, and
				  environmentally sound water supply alternative within the watershed to which
				  the water will be transferred, including conservation of existing water
				  supplies.
3. If the water is for
				  public water supply purposes, the proposal is consistent with an approved water
				  supply service area plan under ch. NR 854.
4. The department conducted a technical
				  review.
5. The proposal has
				  undergone regional body review and the department considered the regional
				  declaration of findings.
6. The
				  Great Lakes council has approved the proposal.
(i) If a majority of the regional body
				  request regional review of a regionally significant or potentially precedent
				  setting proposal, all of the following apply:
1. The department conducted a technical
				  review.
2. The department submitted
				  the proposal to the regional body for review.
3. The department considered the regional
				  declaration of findings.