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 851.22 - Straddling community diversion review

Current through June 24, 2024
(1) Upon
				  receipt of an application for a straddling community diversion, and at any time
				  during its review, the department may request from the applicant additional
				  information, documentation, and materials necessary to complete or review the
				  application. When the department determines an application is complete, it
				  shall follow the applicable public notice and participation requirements under
				  subch. VII.
(2) The department may
				  issue a straddling community diversion approval if all of the following apply:
(a) The proposal is properly characterized as
				  a straddling community diversion based on the boundaries of the city, village,
				  or town to which the water is being diverted in relation to the Great Lakes
				  basin.
(b) The applicant owns or
				  operates a public water supply system.
(c) The diverted water is solely for public
				  water supply purposes in the straddling community.
(d) The proposal is consistent with an
				  approved water supply service area plan 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.
(e) The amount of the
				  diversion is reasonable for the purpose for which the diversion is
				  proposed.
(f) The Tier 3 water
				  conservation plan meets the requirements under ch. NR 852.
(g) The diversion area is entirely within a
				  sewer service area or the applicant has another mechanism to return the water
				  to the Great Lakes basin.
(h) An
				  amount of water equal to the amount of water withdrawn will be treated and
				  returned to the Great Lakes basin, less an allowance for consumptive
				  use.
(i) No surface water or
				  groundwater from outside the source watershed will be returned to the source
				  watershed unless all of the following apply:
1. The returned water will be from a water
				  supply or wastewater treatment system that combines water from inside and
				  outside the Great Lakes basin.
2.
				  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.
3. The diversion
				  will maximize the amount of water withdrawn from the Great Lakes basin that
				  will be returned to the source watershed and will minimize the amount of water
				  from outside of the Great Lakes basin that will be returned to the source
				  watershed.
(j) The
				  applicant has obtained all applicable permits or approvals for the withdrawal
				  and discharge of Great Lakes water under s. 30.12, 30.18, 281.15, 281.34,
				  281.41, or 283.31, Stats.
(k) If
				  the applicant is relying on another entity to withdraw or return the water, the
				  entity withdrawing or returning the water has the capacity to withdraw or
				  return the volume needed and has demonstrated support for the proposal in the
				  form of a letter or resolution.
(l)
				  If the proposal is for a new withdrawal or increased withdrawal that would
				  average 100,000 gallons or more per day in any 90-day period, the proposal
				  meets the exception standard under subch V.
(m) If the proposal would result in a new or
				  increased consumptive use that would average 5,000,000 gallons or more per day
				  in any 90-day period, all of the following findings apply:
1. The department conducted a technical
				  review of the proposal.
2. The
				  department submitted the proposal to the regional body for review.
3. The department considered the regional
				  declaration of findings.
(n) If a majority of the regional body
				  request regional review of a regionally significant or potentially
				  precedent-setting proposal, all of the following apply:
1. The department conducted a technical
				  review of the proposal.
2. The
				  department submitted the proposal to the regional body for review.
3. The department considered the regional
				  declaration of findings.