Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 820 - Groundwater Quantity Protection › Subchapter III - Environmental Review of High Capacity Well Applications › Section NR 820.31 - High capacity wells near springs

Current through June 24, 2024
(1) For any
				  application for approval of a high capacity well under s.
				  281.34,
				  Stats., the department shall determine if there is a spring, as defined in this
				  chapter, located in the vicinity of the proposed well.
(2) If the department determines that a
				  proposed high capacity well is located near a spring the department shall
				  assess the proposed well to determine whether construction and operation of the
				  well will result in substantially reduced flow from the spring and significant
				  adverse environmental impact to the spring. The department shall consider the
				  location of the well relative to the spring, well construction details,
				  information regarding construction and operation of all other wells on the
				  property, available information concerning the geology and hydrogeology of the
				  area, historical flow data for the spring and other pertinent
				  information.
(3) If the department
				  determines that construction and operation of the proposed high capacity well
				  will not result in a substantial reduction in flow from the spring or result in
				  significant adverse environmental impact to the spring, the department may
				  approve the proposed well and shall include in any approval issued using the
				  standards under s.
				  281.34,
				  Stats., conditions to ensure that the well will not result in significant
				  adverse environmental impact to the spring. The conditions may include but are
				  not limited to conditions as to location, depth of casing, depth of lower
				  drillhole, depth interval of well screen, pumping capacity, pumpage schedule,
				  months of operation, rate of flow, ultimate use and conservation
				  measures.
(4) All of the following
				  provisions shall apply to proposed high capacity wells that are determined to
				  reduce flow in a spring such that significant adverse environmental impact to
				  the spring or related aquatic and terrestrial resources may result:
(a) The department shall notify the applicant
				  that the proposed high capacity well may have a significant adverse
				  environmental impact on a spring and may require additional information
				  concerning flow characteristics of the affected spring, site-specific geologic
				  and hydrogeologic information, a discussion and analysis of alternative well
				  locations, and pertinent regional information.
(b) Within 65 business days of receipt of a
				  complete application, the department shall identify additional informational
				  requirements necessary to evaluate the proposed well and may determine that the
				  applicant shall develop and submit an environmental impact report in accordance
				  with ch. NR 150.
(c) Following
				  receipt of the requested information, the department shall follow the
				  environmental analysis procedures of ch. NR 150.
(d) If the department determines that
				  operation of the proposed high capacity well will not result in significant
				  adverse environmental impact to the spring and related resources, the
				  department shall approve the well and include in any approval issued under s.
				  281.34,
				  Stats., conditions to ensure that operation of the proposed well will not cause
				  significant adverse environmental impacts to the spring or critical resources
				  related to the spring. The conditions may include but are not limited to
				  conditions as to location, depth of casing, depth of lower drillhole, depth
				  interval of well screen, pumping capacity, pumpage schedule, months of
				  operation, rate of flow, ultimate use and conservation measures. The department
				  may approve a proposed high capacity well that is predicted to result in a
				  reduction of flow in a spring only if the predicted reduction would not cause
				  permanent and irreversible impacts to the spring and related resources. The
				  department may not approve a proposed high capacity well that is predicted to
				  result in a reduction in flow from a spring such that the spring does not flow
				  at one cubic foot per second or greater at least 80% of the time or that will
				  reduce the average annual flow from a spring by greater than 20%.