Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter IV - Community Within a Straddling County Diversions › Section NR 851.41 - Community within a straddling county diversion application

Current through June 24, 2024
(1) A person seeking to begin a new or
				  increased diversion to a community within a straddling county shall contact the
				  department prior to applying for a diversion.
(2) A person seeking to begin a new or
				  increased diversion for a community within a straddling county 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)
				  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) Documentation that the proposed diversion
				  quantity is reasonable for the purpose for which the diversion is
				  proposed.
(h) The requested
				  diversion volume for the projected peak 30-day period, and projected peak
				  90-day period, during a calendar year.
(i) The estimated consumptive use associated
				  with the diversion in any 90-day period.
(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.
(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.
(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 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) Strategies to reduce or
				  minimize Mississippi River basin water in return flow to the Great Lakes
				  basin.
(q) Supporting documentation
				  and evidence that the community is without adequate current water supply in
				  either quantity or quality of water.
(r) Supporting documentation that there are
				  no reasonable water supply alternatives, including that the volume needed
				  cannot be obtained by conservation of the existing water supply. Documentation
				  shall include an analysis of water supply alternatives and quantitative
				  evidence, which may include hydrogeologic modeling, relative costs,
				  environmental sustainability, and public health impacts of the water supply
				  alternatives, and if applicable and available, scientifically based evidence
				  that the existing groundwater supply is hydrologically interconnected to waters
				  of the Great Lakes basin.
(s)
				  Materials related to the exception standard under subch. V.
(t) Information regarding any other diversion
				  applications or existing approved diversions the applicant has submitted or
				  received.