Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter II - Straddling Community Diversions › Section NR 851.21 - Straddling community diversion application

Current through June 24, 2024
(1) A
				  person seeking to begin a new or increased straddling community diversion shall
				  contact the department prior to applying for a diversion.
(2) A person seeking to begin a new or
				  increased straddling community diversion shall submit an application to the
				  department, including all of the following information:
(a) The name, mailing address, telephone
				  number, and email address of the applicant, and the name, mailing address,
				  telephone number, and email address of the primary point of contact, if it
				  differs from the applicant.
(b) The
				  name, mailing address, telephone number, and email address of any person, other
				  than the applicant, that is involved in withdrawing water from or returning
				  water to the Great Lakes basin. The person shall provide evidence in the form
				  of a letter or resolution that the person supports the proposal, has the
				  capacity to withdraw or return the water for the applicant, and is willing to
				  negotiate a contract with the applicant.
(c) Documentation that the proposed diversion
				  will be used solely for public water supply purposes.
(d) Information on valid contracts and border
				  agreements related to water supply or wastewater, if applicable.
(e) The source watershed and the waterbody
				  from which the water will be diverted. The applicant shall specify if the
				  source is surface water, including the name of the waterbody, or groundwater
				  including the aquifer name.
(f) The
				  requested diversion volume expressed in millions of gallons per day, averaged
				  over each calendar year.
(g) The
				  requested diversion volume for the projected peak 30-day period, and projected
				  peak 90-day period, during a calendar year.
(h) The estimated consumptive use associated
				  with the proposal, in any 90-day period.
(i) Documentation that the proposed diversion
				  quantity is reasonable for the purpose for which the diversion is
				  proposed.
(j) A statement of
				  whether the proposed diversion will be continuous, temporary, or
				  seasonal.
(k) The location of the
				  point of measurement and the technical method that will be used for measuring
				  the diversion volume.
(l) An
				  approved water supply service area plan developed and approved under ch. NR
				  854, or a water supply service area plan that is being submitted simultaneously
				  with the diversion application for department review and approval under ch. NR
				  854, unless the proposal is to provide water to a straddling community that
				  includes an electronics and information technology manufacturing zone
				  designated under s. 238.396 (1m), Stats.
(m) Maps of the area that include the
				  approved or proposed water supply service area, the proposed area to be served
				  diverted water, the sewer service area, and the location where the water will
				  be returned to the Great Lakes basin.
(n) A list of all required department
				  approvals or permits related to the diversion, including any approval or
				  permits issued under s. 30.12, 30.18, 281.15, 281.34, 281.41, or 283.31,
				  Stats., and the status of each application for the approval or permit at the
				  time the list is submitted to the department.
(o) A Tier 3 water conservation plan
				  developed in compliance with ch. NR 852.
(p) Information to demonstrate all of the
				  following related to return flow:
1. The
				  amount of water to be returned to the source watershed in gallons per
				  day.
2. If surface water or
				  groundwater from outside the basin will be returned to the source basin, that
				  the returned water will be from a water supply or wastewater treatment system
				  that combines water from inside and outside the Great Lakes basin.
3. If surface water or groundwater from
				  outside the basin will be returned to the source basin, that the returned water
				  will be treated to meet applicable permit requirements under s. 283.31, Stats.,
				  and to prevent the introduction of invasive species into the Great Lakes
				  basin.
4. If surface water or
				  groundwater from outside the basin will be returned to the source basin,
				  strategies to reduce or minimize Mississippi River basin water in return flow
				  to the Great Lakes basin.
(q) Information about the potential impacts
				  of the diversion on the waters of the Great Lakes basin and water-dependent
				  natural resources. This information shall include the ratio of the amount
				  diverted to the total volume of the waterbody from which the water is being
				  diverted as a percentage.
(r)
				  Information regarding any other diversion applications or existing approved
				  diversions the applicant has submitted or received.