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 851.31 - Intrabasin transfer application

Current through June 24, 2024
(1) A
				  person seeking to begin a new or increased intrabasin transfer shall contact
				  the department prior to applying for an intrabasin transfer.
(2) A person seeking to begin a new or
				  increased intrabasin transfer 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 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) A
				  description of the intrabasin transfer and map of the area where water will be
				  withdrawn and transferred.
(d) The
				  purpose of the intrabasin transfer and whether the transfer will be continuous,
				  temporary, or seasonal. If the intrabasin transfer is for multiple purposes,
				  indicate the percentage for each water use sector.
(e) The source watershed and the waterbody
				  from which the water will be transferred, specifying if the source is surface
				  water, including the name of the waterbody, or groundwater, including the
				  aquifer name.
(f) The expected
				  daily average volume of the intrabasin transfer and, if temporary in use, the
				  total volume of the intrabasin transfer.
(g) The maximum intrabasin transfer volume
				  over any 90-day period and associated water loss expressed in millions of
				  gallons per day.
(h) Documentation
				  that the proposed intrabasin transfer quantity is reasonable for the purpose
				  for which the interbasin transfer is proposed.
(i) The location of the point of measurement
				  and the technical method that will be used for measuring the intrabasin
				  transfer.
(j) If the intrabasin
				  transfer will be used for public water supply purposes, documentation that the
				  intrabasin transfer will be used for public water supply purposes and a water
				  supply service area plan has been approved under ch. NR 854 or a water supply
				  service area plan is being submitted simultaneously with the application under
				  this section for review and approval under ch. NR 854.
(k) The location and watershed where the
				  water will be returned to the Great Lakes basin.
(l) A description of how and when the water
				  will be returned to the Great Lakes basin and the amount of water to be
				  returned in gallons per day.
(m)
				  Information about the potential impacts of the intrabasin transfer on the
				  waters of the Great Lakes basin and water-dependent natural resources,
				  including the ratio of the amount diverted to the total volume of the waterbody
				  from which the water is being diverted as a percentage.
(n) A list of all required department
				  approvals or permits related to the diversion, including any applicable
				  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 regarding any other
				  intrabasin transfer applications or approvals the applicant has submitted or
				  received.
(q) If the applicant
				  proposes a new or increased intrabasin transfer that would average more than
				  100,000 gallons per day in any 90-day period, the applicant shall submit all of
				  the following:
1. Materials related to the
				  exception standard under subch. V.
2. An analysis of the feasibility of water
				  supply alternatives within the watershed, including costs and environmental
				  impacts.
(r) If the
				  applicant proposes a new or increased intrabasin transfer with a new water loss
				  or increase in water loss that averages 5,000,000 gallons per day or more in
				  any 90-day period, the applicant shall submit all of the following:
1. Materials related to the exception
				  standard under subch. V.
2. An
				  analysis of the feasibility of water supply alternatives within the watershed,
				  including costs and environmental impacts.
3. The anticipated effects, if any, of the
				  proposed intrabasin transfer and related construction on existing uses of water
				  resources and related land uses in the Great Lakes basin, including effects on
				  all of the following:
a. Public and potable
				  water supplies.
b. Water use
				  sectors including industrial or commercial water use, commercial navigation
				  use, thermoelectric power production, and agricultural water use.
c. Fish and wildlife, including impacts on
				  wetlands, fish spawning areas, and threatened and endangered species.
d. Recreation, tourism, and scenic
				  beauty.
4. A description
				  of any land acquisitions, equipment, or the relocation or re-siting of any
				  water supply or wastewater facility, right-of-way, or structure that will be
				  required.
5. A statement, with
				  supporting materials, as to whether the diversion complies with any applicable
				  plans developed under ch. 281 and s. 283.83, Stats.