reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.05 - Required elements - Tier 2 and Tier 3

Current through June 24, 2024
(1) Persons identified in Tier 2 and Tier 3
				shall complete the elements specified in s.
				NR 852.04
				and the elements specified under either sub. (2) or (3).
(2) A person identified in Tier 2 or Tier 3
				shall implement all CEMs identified in Table 2 for the applicable water use
				sector that do not require retrofitting, except those CEMs that are not
				cost-effective or environmentally sound and economically feasible, as
				determined by an analysis conducted by the applicant pursuant to s.
				NR
				852.09 or
				852.10, and approved by the
				department.
(3) A person identified
				in Tier 2 or Tier 3 shall implement CEMs selected from Table 2, the Optional
				CEM list in s.
				NR
				852.08(2), or other CEMs as proposed
				by the applicant and approved by the department, which can be shown to reduce
				water use or increase water reuse or efficiency by 10 percent, in accordance
				with all of the following:
(a) The percent
				reduction in water use or increase in water reuse or efficiency in this
				subsection shall be based upon a comparison of the water use or water use
				intensity from the most recent complete year. Water use and water use intensity
				shall be adjusted to account for unique facility, economic, or weather
				variability.
(b) The calculation of
				the 10 percent reduction in water use or increase in water reuse or efficiency
				shall be in addition to any reduction in water use or increase in water reuse
				or efficiency achieved through implementation of the CEMs set forth in s.
				NR
				852.04(2) and shall not be included
				in the calculated percent reduction.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.06 - Required elements - Tier 3 only

Current through June 24, 2024
(1) In addition to
				the required elements specified in ss.
				NR 852.04
				and
				852.05, persons identified in Tier 3
				shall conduct the appropriate analysis pursuant to s.
				NR
				852.09 or
				852.10 to identify additional CEMs
				that are cost-effective or environmentally sound and economically feasible and
				implement the identified CEMs following the applicable timeframes under s.
				NR 852.05(2)
				and (3).
(2) Persons applying for a new or increased
				diversion shall also document the efficient use and conservation of existing
				water supplies by providing an analysis of community water use over the past 5
				years, at a minimum. The analysis shall quantitatively describe water use
				through time and how it has changed with the implementation of CEMs. The
				analysis shall include quantitative calculations of water use including but not
				limited to, the ratio of peak daily demand to average daily demand and per
				capita residential water use.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.07 - Water conservation plans

Current through June 24, 2024
(1) A person who is
				required to submit a water conservation plan under s.
				NR
				852.04(1) shall submit a plan in a
				form provided by the department and shall provide all of the information
				requested on the form and accompanying instructions.
(2) A water conservation plan required by
				this chapter shall, at a minimum, contain all of the following:
(a) A description and quantification of
				current water use and reuse as identified by a water use audit, including a
				calculation of water use intensity appropriate to the water use sector. Those
				public water systems regulated by the public service commission shall follow
				applicable procedures to account for water use as provided in ch. PSC 185 and
				the calculations shall be included in the water use audit.
(b) A description of the water conservation
				and water use efficiency goals, including quantifiable goals.
(c) Documentation of the implementation of
				the CEMs set forth in s.
				NR
				852.04(2) and a description of any
				other existing conservation, efficiency, and reuse measures, including when
				they were implemented.
(d) A
				monitoring plan to assess the impact of the implemented CEMs.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.08 - Water conservation and efficiency measures

Current through June 24, 2024
(1) Persons subject
				to this chapter shall implement CEMs in compliance with the CEM required
				elements in Table 1, Table 2, the optional list in sub. (2), or additional CEM
				required elements as identified by the department.
(2) The department shall maintain a list of
				optional CEMs by water use sector that have been determined to be adequate and
				effective to reduce water use or increase water reuse or efficiency. The
				optional list may be used to meet the requirements in ss.
				NR
				852.05(3) and
				852.06(1) and the
				optional list may include retrofitting options.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.09 - Cost-effectiveness analysis

Current through June 24, 2024
(1) Persons
				identified in Tier 2 or Tier 3 applying for a new or increased withdrawal not
				subject to the Compact decision-making standard under s.
				281.346(6),
				Stats., and persons applying for a water loss approval under s.
				281.35,
				Stats., may conduct a cost-effectiveness analysis to determine if a CEM in s.
				NR
				852.05 or is cost 852.06-effective, considering direct
				and avoided economic and environmental costs over a 5-year planning period. The
				cost effectiveness analysis shall at a minimum include all of the following and
				be reflective of the costs to the withdrawer:
(a) Actual energy and operational costs to
				pump, treat, transmit water, and treat and dispose of wastewater.
(b) Estimated avoided economic and
				environmental costs resulting from pumping less water and using less
				energy.
(c) Estimated capital and
				operating costs associated with developing new sources of water for this
				specific new or increased withdrawal.
(d) Estimated capital and operating costs
				associated with implementing required CEMs.
(e) All other estimated costs or fees
				associated with obtaining or disposing of the water.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.10 - Environmental soundness and economic feasibility analysis

Current through June 24, 2024
Persons identified in Tier 2 or Tier 3 applying for a new or
				  increased withdrawal subject to the Compact decision-making standard under s.
				  281.346(6),
				  Stats., or a diversion, may conduct an analysis to determine if a CEM in s.
				  NR
				  852.05 or is environmentally 852.06 sound and
				  economically feasible. The analysis shall make a determination as to whether
				  the CEM is all of the following:
(1)
				Environmentally sound.
(2)
				Reflective of best practices applicable to the water use sector.
(3) Technically feasible and
				available.
(4) Economically
				feasible.
(5) Cost-effective, based
				on an analysis under s.
				NR
				852.09.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.11 - Approval and reporting process

Current through June 24, 2024
(1) The
				department's review of an application for a new or increased withdrawal,
				diversion, or water loss approval shall include a review of the water
				conservation plan required under s.
				NR
				852.04(1).
(2) The department may not issue an approval
				for an application for a new or increased withdrawal, diversion, or water loss
				approval unless the water conservation plan meets the applicable requirements
				under this chapter.
(3) A water use
				permit, diversion approval, or water loss approval may include conditions or
				requirements to ensure the implementation of the water conservation plan. The
				water conservation plan approval will be in the form of a finding of fact in a
				permit, or a statement in an approval.
(4) The department shall follow the review
				timelines set forth in the associated department permit or approval process
				applicable to an activity that requires compliance with this chapter.
(5) An application for new or increased
				withdrawal, diversion, or water loss approval shall not be considered complete
				until information required by this chapter has been submitted and all
				applicable requirements of the Wisconsin environmental policy act, s.
				1.11,
				Stats., have been met.
(6) Persons
				with an approved water conservation plan shall report all of the following
				annually in the manner prescribed by the department:
(a) A summary of the impact of the
				implemented CEMs, including quantifiable impacts to water use
				intensity.
(b) A description of any
				additional CEMs implemented.
(c)
				For Tier 2, in addition to the information required under pars. (a) and (b),
				documentation of the implementation of CEMs required under s.
				NR
				852.05, if applicable.
(d) For Tier 3, in addition to the
				information required under pars. (a) and (b), documentation of the
				implementation of CEMs required under ss.
				NR
				852.05 and
				852.06, if applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.12 - Enforcement

Current through June 24, 2024
(1) Violations of this chapter may be
				prosecuted by the department under ch. 281, Stats., and other applicable
				department authorities.
(2) Any
				violation of this chapter shall be treated as a violation of the statutes they
				interpret or under which they are promulgated.
(3) Violations may result in forfeitures,
				abatement of nuisance, and restoration.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish procedures and
				  requirements for the preparation of water supply service area plans in
				  compliance with the requirements under s. 281.348, Stats., and to establish
				  additional procedures and requirements to ensure that the requirements under
				  ss. 281.343 and 281.346, Stats., are met when department approval of a water
				  supply service area plan is required.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.04 - Persons required to prepare a plan

Current through June 24, 2024
(1) A person
				owning or operating a public water supply system that serves a population of
				10,000 or more, and that withdraws water from the waters of the state, shall
				prepare a water supply service area plan on or before December 31,
				2025.
(2) A person owning or
				operating a public water supply system that serves or is expected to serve a
				population of 10,000 or more shall prepare and obtain department approval of a
				water supply service area plan before the department may issue a general or
				individual permit under s. 281.346 (4s) and (5), Stats.
(3) A person owning or operating a public
				water supply system that requests a new or increased diversion of Great Lakes
				water under s. 281.346 (4), Stats., shall prepare and obtain department
				approval for a water supply service area plan before the department may grant
				approval of any new or increased diversion, regardless of the size of the
				population served by the public water supply system, unless the diversion
				proposal includes providing water to a straddling community that includes an
				electronics and information technology manufacturing zone designated under s.
				238.396 (1m), Stats.
(4) After
				December 31, 2025, any person owning or operating a public water supply system
				that serves a population of less than 10,000 but is expected to serve a
				population of 10,000 or more in the future shall prepare a water supply service
				area plan before the date when the public water supply system begins to serve a
				population of 10,000 or more.
(5) A
				person owning or operating a public water supply system with a plan that does
				not require department approval shall review the plan every 5 years and update
				the plan as needed. A new plan shall be prepared on or before the expiration
				date of the plan.
(6) A person
				owning or operating a public water supply system that has an approved water
				supply service area plan shall submit a new water supply service area plan to
				the department for approval at least 180 calendar days before the expiration of
				an approved water supply service area plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.05 - Content of a water supply service area plan

Current through June 24, 2024
A person required to prepare a plan under s. NR 854.04 shall
				  prepare a plan that includes all of the following:
(1) ESTABLISHMENT OF PLANNING PERIOD. The
				plan shall identify the planning period covered by the plan. The planning
				period shall be at least 10 years and no more than 20 years. The plan shall
				include an expiration date that coincides with the end of the planning
				period.
(2) DELINEATION OF THE
				AREA.
(a) The plan shall delineate the area
				for which the plan is being prepared, including all areas to which the public
				water supply system currently serves retail customers and the projected growth
				area for the system within the planning period under sub. (1). Identifying an
				area as a projected growth area for planning purposes does not obligate the
				public water supply system to provide water to the projected growth
				area.
(b) The water supply service
				area may be limited as provided under s. 66.0813 (3) (a), Stats.
(c) A plan submitted to the department for
				approval under s. NR 854.04 (2) or (3) is subject to all of the following
				requirements:
1. An areawide water quality
				planning agency may delineate the water supply service area for the public
				water supply systems within its designated planning area.
2. The plan shall include a map of the water
				supply service area.
3. If the
				Great Lakes council approves a diversion area for a public water supply system
				proposing to make a diversion from the Great Lakes basin under s. 281.346 (4) (e), Stats., that diversion area shall be the delineated water supply service
				area for the plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.06 - Cost-effectiveness analyses of water supply alternatives for plans requiring department approval

Current through June 24, 2024
If department approval is required under s. NR 854.04 (2) or
				  (3), a plan shall include a cost-effectiveness analysis of identified water
				  supply alternatives for meeting the water demand for the planning period. A
				  cost-effectiveness analysis shall include all of the following:
(1) Identification and analysis of potential
				water supply alternatives, which shall include the sources identified under s.
				NR 854.05 (7).
(2) A summary of the
				expected water demand reduction associated with implementing water conservation
				and efficiency measures as identified in the public water supply system's water
				conservation plan developed under s.  NR 852.07, including a summary of the cost
				savings as determined under s.  NR 852.09  or 852.10.
(3) A description of the sustainability of
				each water supply alternative in consideration of existing regional water need
				assessments and the extent to which each alternative identified under s. NR
				854.05 (7) is consistent with existing plans under s. NR 854.05 (8).
(4) An evaluation of existing and anticipated
				costs associated with each water supply alternative identified under s. NR
				854.05 (7). Factors to consider in evaluating costs include: construction;
				operation and maintenance of wells; surface water intakes; treatment plants;
				chemical feed equipment; pumping facilities; water mains; storage facilities;
				and purchase of water from a contract supplier.
(5) Conclusions on the identified water
				supply alternatives and a comparative analysis of the alternatives based on the
				cost-effectiveness analysis.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.07 - Department review and approval process for a water supply service area plan requiring department approval

Current through June 24, 2024
(1) If
				department approval is required under s. NR 854.04 (2) or (3), the plan shall
				be submitted to the department for approval. The department shall issue a
				written decision on the plan prior to the issuance of any approvals required
				under s. 281.346 (4), Stats., or permits under s. 281.346 (4s) or (5),
				Stats.
(2) The department may not
				approve a water supply service area plan unless all of the following apply:
(a) The diversion or withdrawal proposal that
				is submitted with the plan meets the requirements under s. 281.346 (4), (4g), (4s), or (5), Stats., or the department finds the plan complies with an
				existing approved diversion or withdrawal permit issued under s. 281.346 (4), (4g), (4s), or (5), Stats.
(b) The
				plan provides for a public water supply system that meets the requirements
				under this chapter based on a cost-effectiveness analysis of regional and
				individual water supply and water conservation alternatives under s. NR
				854.06.
(c) The plan effectively
				utilizes existing water supply storage and distribution facilities and
				wastewater infrastructure to the extent practicable.
(d) The plan is consistent with applicable
				comprehensive plans as defined under s. 66.1001 (1) (a), Stats.
(e) The projected water demand over the
				planning period is consistent with the public water supply system's previous 10
				years of water use or the department determines the projected water demand is
				reasonable based on the purposes and uses of the projected water
				demand.
(f) The plan has undergone
				the public participation process specified under ss. NR 854.08 and
				854.09.
(g) The plan meets the
				requirements under this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.08 - Public participation process for persons developing a water supply service area plan

Current through June 24, 2024
(1) A person developing a plan, including a
				plan requiring department approval, shall undertake a public participation
				process including public notice of the proposed plan, a minimum of one public
				hearing on the proposed plan, and an opportunity to provide written comment on
				the proposed plan.
(2) A person who
				owns or operates the public water supply system shall make the water supply
				service area plan, any public comments received on the plan, and any approval
				of the plan available for public inspection.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.09 - Public notice and comment for plans submitted to the department for approval

Current through June 24, 2024
(1) The department shall satisfy public
				notice and comment requirements under s. NR 851.72 in its review of a water
				supply service area plan submitted to the department for approval under s. NR
				854.04 (3).
(2) The department
				shall satisfy public notice and comment requirements under subch. IV of ch. NR
				860 in its review of a water supply service area plan submitted to the
				department for approval under s. NR 854.04 (2).
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.10 - Revisions and department reconsideration of an approved water supply service area plan

Current through June 24, 2024
(1) A person
				who owns or operates a public water supply system with an approved plan shall
				submit revisions of the plan to the department for review and approval. The
				department shall review the revised water supply service area plan and issue a
				decision on the plan using the process under s. NR 854.07. Proposed plan
				revisions are subject to the public participation process under ss. NR 854.08
				and 854.09. Revisions that require department approval include any of the
				following:
(a) Expansion of an approved water
				supply service area.
(b) Changes to
				source.
(c) Increased projected
				demand for the water supply area.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.11 - Open records requests

Current through June 24, 2024
The department may consider domestic security concerns when
				  determining whether public records provided to or obtained by the department
				  under this chapter warrant confidential treatment, as allowed under s. 281.346 (3) (cm) and (9) (e), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 854 - Water Supply Service Area Plans › Section NR 854.12 - Enforcement

Current through June 24, 2024
(1) Violations of this chapter are
				enforceable under ch. 281, Stats., and may result in penalties, forfeitures,
				costs of investigation and prosecution, or orders to abate any nuisance,
				restore a natural resource, or take or refrain from taking any other action
				necessary to eliminate or minimize any environmental damage.
(2) The department may withdraw its approval
				of a plan based on substantial noncompliance with the plan or the requirements
				under this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.10 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement s.
					 281.346(3),
					 Stats., by establishing requirements for registering water withdrawals and
					 collecting and reporting of accurate water withdrawal data to support
					 management of the state's water resources.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.11 - Applicability

Current through June 24, 2024
(1) Unless exempted under sub. (2), this
				  chapter applies to the following persons regardless of whether the activity is
				  permitted, approved, or otherwise authorized under other regulatory authority
				  of the department:
(a) Any person who proposes
				  to begin a withdrawal from the waters of the state using a water supply system
				  or systems on one property, or a public water supply, with the capacity to
				  withdraw an amount averaging 100,000 gallons per day or more in any 30-day
				  period.
(b) Any person who proposes
				  to increase the capacity of a water supply system or systems on one property,
				  or a pubic [public] water supply, so that it will have the capacity to withdraw
				  an amount averaging 100,000 gallons per day or more in any 30-day
				  period.
(c) Any person who on July
				  1, 2009, had a water supply system or systems on one property or a public water
				  supply with the capacity to withdraw from the waters of the state an amount
				  averaging 100,000 gallons per day or more in any 30-day period.
(d) Any person who proposes to begin a
				  diversion on or after December 8, 2008, or who had a diversion on December 8,
				  2008.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.12 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Consumptive use" has the meaning
				  specified in s.
				  281.346(1)
				  (e), Stats.
Note: Section
					 281.346(1)
					 (e), Stats., defines "consumptive use" to
					 mean "a use of water that results in the loss o for failure to return some or
					 all of the water to the basin from which the water is withdrawn due to
					 evaporation, incorporation into products, or other processes."
(2) "Continuous water use" means a
				  water use that is intended to be uninterrupted through time except for short
				  periods such as for maintenance and because of power outages.
(3) "Department" means the department of
				  natural resources.
(4) "Diversion"
				  has the meaning specified in s.
				  281.346(1)
				  (h), Stats.
Note: Section
					 281.346(1)
					 (h), Stats., defines "diversion" to mean "a
					 transfer of water from the Great Lakes basin into a watershed outside the Great
					 Lakes basin, or from the watershed of one of the Great lakes into that of
					 another, by any means of transfer, including a pipeline, canal, tunnel,
					 aqueduct, channel, modification of the direction of a water course, tanker
					 ship, tanker truck, or rail tanker except that 'diversion' does not include any
					 of the following:
1. The transfer of
				  a product produced in the Great Lakes basin or in the watershed of one of the
				  Great Lakes, using waters of the Great Lakes basin, out of the Great Lakes
				  basin or out of that watershed.
2.
				  The transmission of water within a line that extends outside the Great Lakes
				  basin as it conveys water from one point to another within the Great Lakes
				  basin if no water is used outside the Great Lakes basin.
3. The transfer of bottled water from the
				  Great Lakes basin in containers of 5.7 gallons or less."
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.13 - Determining withdrawal capacity

Current through June 24, 2024
(1) The withdrawal
				  capacity for a property is the total capacity in gallons per day from all water
				  sources on the property.
Note: The withdrawal capacity may not necessarily be the
					 same as the approved maximum daily withdrawal set forth by another department
					 approval or permit, such as a high capacity well approval or a permit issued
					 under s.
					 30.18,
					 Stats.
(2) The withdrawal
				  capacity for a public water supply is the total capacity from all water sources
				  in the system.
(3) The capacity of
				  individual water sources shall be one of the following:
(a) For flowing sources, the maximum flow
				  rate.
(b) For pumped sources, the
				  maximum hydraulic capacity of the most restrictive component of the water
				  supply system. If the most restrictive component is a pump, the maximum
				  capacity is determined based on the pump curve at the lowest system pressure
				  setting.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.14 - Responsible parties

Current through June 24, 2024
The person responsible for registering, reporting,
					 amending, or terminating registrations as required under this chapter is one of
					 the following:
(1) For water supply
				  systems, the owner of the property on which the water supply system is
				  located.
(2) For public water
				  supply systems, the owner of the public water supply system.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.15 - Open records requests and water use information

Current through June 24, 2024
(1) The locations
				  of withdrawals and diversions are sensitive information that may impact
				  domestic security.
(2) Open records
				  requests received by the department under ss.
				  19.21
				  to
				  19.39,
				  Stats., that request information on the locations of withdrawals or diversions
				  may be subject to greater scrutiny by the department because of domestic
				  security concerns, as allowed under s.
				  281.346(3)
				  (cm), Stats. The department may request any
				  of the following with respect to open records requests seeking information on
				  the locations of withdrawals or diversions, in order to address domestic
				  security concerns:
(a) That the request be
				  put in writing.
(b) The name,
				  mailing address, telephone number, and email address of the requester and the
				  company or organization that the requester represents.
(c) The specific information
				  requested.
(d) The reason the
				  information is requested and how it will be used.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter I - General Provisions › Section NR 856.16 - Enforcement

Current through June 24, 2024
(1) Violations of this chapter may be
				  prosecuted by the department under s.
				  281.346(14),
				  Stats.
(2) Any violation of these
				  rules shall be treated as a violation of the statutes they interpret or under
				  which they are promulgated.
(3)
				  Persons violating this chapter are subject to penalties as specified in s.
				  281.346(14),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter II - Registration › Section NR 856.20 - Procedures

Current through June 24, 2024
(1) Any person proposing to begin a
				  withdrawal or diversion to which this chapter applies shall register with the
				  department prior to withdrawing or diverting water.
(2) Any person who on July 1, 2009 had a
				  water supply system to which this chapter applies shall register within six
				  months after January 1, 2011.
(3)
				  Registration is required for each property and each public water
				  system.
(4) A person shall register
				  in the manner prescribed by the department and shall provide all of the
				  following information:
(a) The name, mailing
				  address, telephone number, and email address of the owner and
				  operator.
(b) The locations and
				  sources of the withdrawal or diversion.
(c) The daily withdrawal capacity of the
				  water supply system, the daily withdrawal capacity from each source and, for
				  water supply systems located in the Great Lakes Basin, an estimate of the
				  maximum hydraulic capacity of the most restrictive component of the water
				  supply system or systems.
(d) An
				  estimate of the volume of the withdrawal or diversion in terms of gallons per
				  day average in any 30-day period.
(e) The uses made of the water.
(f) The places at which the water is
				  used.
(g) The places at which any
				  of the water is discharged.
(h)
				  Whether the water use is continuous or intermittent.
(i) Whether the person holds an approval or
				  permit under s.
				  30.18,
				  281.35,
				  283.31,
				  Stats., or other statutes.
(j) A
				  map showing the location of the property or public water supply, sources, and
				  discharges.
Note: The department is developing an internet based system
					 that will allow registrants to identify required locations using an online
					 mapping tool.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter II - Registration › Section NR 856.21 - Amendments

Current through June 24, 2024
(1) A registration amendment is required when
				  changes or modifications are made to any of the following:
(a) Property ownership or property
				  boundaries.
(b) The name, mailing
				  address, telephone number, and email address of the owner and operator, if
				  applicable.
(c) The locations and
				  sources of the withdrawal or diversion.
(d) The daily withdrawal capacity of the
				  water supply system or individual source or sources.
(e) The uses made of the water.
(f) The places at which the water is
				  used.
(g) The places at which any
				  of the water is discharged.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter II - Registration › Section NR 856.22 - Terminations

Current through June 24, 2024
(1) An owner may terminate registration only
				  when the withdrawal capacity of the water supply system or systems on one
				  property or for a public water system is no longer at the level requiring
				  registration under s.
				  NR
				  856.11.
(2) One property or a public water system no
				  longer has the withdrawal capacity at the level requiring registration under s.
				  NR
				  856.11 when one of the following occurs:
(a) For flowing sources, the connection
				  between the source or sources and the water supply system is physically
				  eliminated or reduced in size permanently to below the level requiring
				  registration under s.
				  NR
				  856.11.
Note: Elimination of the physical connection may require
					 filling of channels, filling and sealing of wells, removal of pipes or
					 conduits, or re-routing flow around the water supply system or facility.
(b) For pumped sources, the
				  connection between the source or sources and the water supply system is
				  physically eliminated or reduced in size to below the level requiring
				  registration under s.
				  NR
				  856.11 and the pump or pumps are reduced in capacity
				  to below the level requiring registration under s.
				  NR
				  856.11 or are removed from the system permanently.
Note: Elimination of the physical connection may require
					 filling of channels, filling and sealing of wells, or removal of pipes or
					 conduits.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter III - Recordkeeping and Reporting › Section NR 856.30 - Measurement and reporting requirements

Current through June 24, 2024
(1) A person
				  registered under this chapter shall determine the monthly volume of water
				  withdrawn from the property or public water supply, or the monthly volume of
				  water diverted, using methods and procedures set forth in s.
				  NR
				  856.31.
(2) A person registered under this chapter
				  that makes a withdrawal that averages 100,000 gallons per day or more in any
				  30-day period, or diverts any amount of water, shall annually report to the
				  department the monthly volumes of the withdrawal or diversion. Reports shall be
				  submitted to the department in the manner prescribed by the department by March
				  1 of every year and shall contain all of the following information about the
				  previous year's withdrawals:
(a) Monthly
				  volumes of withdrawal for each source on the property or in the public water
				  supply and if applicable, the monthly volumes of diversion.
(b) The estimated volumes of each use made of
				  the water.
(c) Method or methods
				  used to measure the withdrawals or diversion.
(d) A statement advising the department if
				  the withdrawal was at a level greater than or equal to 1,000,000 gallons per
				  day for 30 consecutive days.
(e)
				  Estimated or actual water loss from consumptive use. Water loss and consumptive
				  use estimations and calculations shall follow the requirements of ch. NR
				  142.
(f) Method or methods used to
				  determine water loss from consumptive use.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 856 - Water use and registration reporting › Subchapter III - Recordkeeping and Reporting › Section NR 856.31 - Measurement methods and frequency

Current through June 24, 2024
(1) Withdrawals
				  shall be measured in accordance with the following methods:
(a) Sources that flow or are pumped at a rate
				  of 70 or more gallons per minute shall be measured using one of the following
				  methods:
1. Totalizing flow meter. Flow meters
				  shall be read and documented at least once every month.
2. Pump operation is timed with an hour meter
				  and the pumping capacity is used to calculate total pumpage. The operation time
				  and pumping capacity shall be documented for each period of use.
3. Flow rate is measured using a weir. For
				  sources with little or no flow rate variability, flow rate shall be measured on
				  a daily basis for the first week and at a minimum of weekly thereafter. For
				  sources with flow rate variability, flow rate shall be measured
				  daily.
4. Flow rate is measured by
				  discharge from a horizontal pipe. Flow rate shall be measured on a daily basis
				  for the first week and at a minimum of weekly thereafter.
5. Alternative method and monitoring
				  frequency that has been approved by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.10 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement s.
					 281.346(4m),
					 (4s), (5), (5m), (6), and (9), Stats. This
					 chapter establishes the process, requirements, and criteria for water use
					 permitting.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.12 - Responsible Parties and Eligible Permittees

Current through June 24, 2024
(1) The owner is
				  the person responsible for obtaining, modifying, terminating, and complying
				  with notice of coverage under a general permit or with an individual
				  permit.
(2) The department shall
				  issue notice of coverage under a general permit or issue an individual permit
				  only to the responsible party under sub. (1).
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.13 - Interim Approvals

Current through June 24, 2024
All interim approvals issued under s.
					 281.344(5m),
					 Stats., expire on December 8, 2011. Any person regulated under this chapter
					 shall obtain notice of coverage under a general permit or an individual permit
					 no later than December 7, 2011.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.14 - Open Records Requests

Current through June 24, 2024
(1) The locations of withdrawals are
				  sensitive information that may impact domestic security.
(2) Open records requests received by the
				  department under ss.
				  19.21
				  to
				  19.39,
				  Stats., that request information on the locations of withdrawals may be subject
				  to greater scrutiny by the department because of domestic security concerns, as
				  allowed under s.
				  281.346(3)
				  (cm) and (9) (e), Stats. The department may
				  request all of the following with respect to open records requests seeking
				  information on the locations of withdrawals, in order to address domestic
				  security concerns:
(a) That the request be
				  put in writing.
(b) The name,
				  mailing address, telephone number, and email address of the requester and the
				  company or organization that the requester represents.
(c) The specific information
				  requested.
(d) The reason the
				  information is requested and how it will be used.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.15 - Required Permit Conditions

Current through June 24, 2024
All general and individual water use permits issued by the
					 department shall at a minimum contain all of the following conditions:
(1) The permittee shall comply with all
				  conditions of the permit. Permit noncompliance is a violation of the permit and
				  may be grounds for enforcement action, permit suspension or revocation, or
				  denial of a redetermination or reissuance. If a permittee violates any terms of
				  the permit, the permittee is subject to the penalties established in ch. 281,
				  Stats.
(2) The permit does not
				  convey any property or water rights of any sort, or any exclusive privilege.
				  The permit does not authorize any injury or damage to private property or any
				  invasion of personal rights, or any infringement of federal, state, or local
				  laws, rules, or regulations.
(3)
				  The permittee shall allow an authorized representative of the department, upon
				  presentation of credentials, to do all of the following:
(a) Enter, upon reasonable notice, the
				  owner's premises where a regulated withdrawal is located or conducted, or where
				  records are required under the conditions of the permit.
(b) Have access to and copy, at reasonable
				  times, any records that are required under the conditions of the
				  permit.
(c) Inspect at reasonable
				  times any facilities, equipment, including monitoring and control equipment,
				  practices or operations regulated or required under the permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.16 - Amendments and Transfers

Current through June 24, 2024
(1) A permit
				  amendment is required when changes or modifications are made to any of the
				  following:
(a) Property boundaries.
(b) Property ownership or public water supply
				  ownership of withdrawals covered by a general permit.
Note: Changes in property ownership or public water supply
					 ownership for withdrawals authorized by an individual permit require an
					 approved transfer meeting the requirements of sub. (4).
(c) The name, mailing address, telephone
				  number, and email address of the owner and operator, if applicable.
(d) The locations and sources of the
				  withdrawal.
(e) The daily
				  withdrawal capacity of the water supply system or individual source or
				  sources.
(f) The uses made of the
				  water.
(g) The places at which the
				  water is used.
(h) The places at
				  which any of the water is discharged.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.17 - Terminations

Current through June 24, 2024
(1) A permittee may request termination of an
				  individual permit or coverage under a general permit if the withdrawal amount
				  decreases below the thresholds requiring a permit or notice of coverage under
				  this chapter.
(2) Terminating a
				  water use registration under ch. NR 856 constitutes a termination of an
				  individual permit or coverage under a general permit.
(3) Terminating an individual permit or
				  coverage under a general permit terminates the baseline established under s.
				  281.346(2)
				  (e), Stats., for persons with preexisting
				  withdrawals.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter I - General Provisions › Section NR 860.18 - Enforcement

Current through June 24, 2024
(1) Violations of this chapter may be
				  prosecuted by the department under s.
				  281.346(14),
				  Stats.
(2) Any violation of this
				  chapter shall be treated as a violation of the statutes they interpret or under
				  which they are promulgated.
(3)
				  Persons violating this chapter are subject to penalties as specified in s.
				  281.346(14),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter II - General Water Use Permits › Section NR 860.20 - Applicability

Current through June 24, 2024
(1) Unless authorized by an individual permit
				  or unless exempted under sub. (2), all of the following persons who withdraw
				  water from the Great Lakes basin shall obtain coverage under a general water
				  use permit:
(a) Any person who on December 8,
				  2011, has a water supply system or systems on one property or a public water
				  supply that withdraws an amount averaging 100,000 gallons per day or more in
				  any 30-day period but that does not equal at least 1,000,000 gallons per day
				  for any 30 consecutive days.
(b)
				  Any person who after December 7, 2011, proposes a withdrawal with a water
				  supply system or systems on one property or a public water supply that averages
				  100,000 gallons per day or more in any 30-day period but that does not equal at
				  least 1,000,000 gallons per day for any 30 consecutive days.
Note:
Pursuant to s.
					 281.346(4s)
					 (dm), Stats., the department may require a
					 person who is making or proposes to make a withdrawal at the general permit
					 level listed in sub.(1) (a) or (b) to obtain an individual permit if the
					 withdrawal is located in a groundwater protection area, as defined in s.
					 281.34(1)
					 (am), Stats., or a groundwater management
					 area designated under s.
					 281.34(9),
					 Stats.
Note:
Persons with a permit under s.
					 30.18,
					 Stats., must also obtain a water use permit, if applicable.