(1) Persons
required to provide volumes and rates of consumptive use to the department
under s.
NR 142.06(2)
(g) shall do so in the following manner:
(a) If a person is making a withdrawal for
the purpose of irrigating agricultural crops, a golf course, or for any other
nondomestic irrigation purposes; a coefficient of 70% of the total amount
withdrawn shall be used to estimate consumptive use.
(b) If a person is making a withdrawal for
the purpose of a nonirrigation agricultural activity, such as the watering and
washing of livestock, or for any other agricultural purpose, a coefficient of
90% of the total amount withdrawn shall be used to estimate consumptive
use.
(c) If a person is making a
withdrawal for the purpose of operating a thermoelectric power generating
facility, a coefficient to be determined by each person operating such a
facility shall be used to determine consumptive use. By March 1, 1989, each
person to which this paragraph applies shall provide the department written
documentation specifically identifying the consumptive use rate, and the
method, calculation, formula or device used in determining the coefficient. If
the department does not receive a consumptive use coefficient within the time
period specified for any facility to which this paragraph applies, then a
coefficient of 1.2 acre feet per million kilowatt hours of electricity produced
shall be used to estimate consumptive use for that facility.
(d) If a person is making a withdrawal for
the purpose of operating a commercial facility, a coefficient to be determined
by each person operating such a facility shall be used to determine consumptive
use. By March 1, 1989, each person to which this paragraph applies shall
provide the department written documentation specifically identifying the
consumptive use coefficient, and the method, calculation, formula or device
used in determining the coefficient.
(e)
1. If a
person is making a withdrawal for the purpose of operating an industrial
facility, the department, where possible, shall determine a consumptive use
coefficient based on available flow diagrams or other water use information
submitted to the department by each facility pursuant to s.
283.31,
Stats., or the federal water pollution control act as amended
33 USC
1251 to
1376.
By December 31, 1988 the department shall either:
a. Notify each person by mail of the
consumptive use coefficient documented from a flow diagram or other water use
information; or
b. Notify each
person by mail that insufficient flow diagram or other water use information
was available.
2. By 120
days after receipt of notification under subd. 1., each person shall either:
a. Provide written acceptance of the
consumptive use coefficient documented by the department; or
b. Provide written documentation, supported
by a flow diagram or other water use information, or a consumptive use
coefficient appropriate for the facility in question.
(f) If a person is making a
withdrawal for the purpose of mining, a coefficient to be determined by each
person operating a mine shall be used to determine consumptive use. By March 1,
1989, each person to which this paragraph applies shall provide the department
written documentation specifically identifying the consumptive use coefficient,
and the method, calculation, formula or device used in determining the
coefficient.
(g) If a person is
making a withdrawal for the purpose of operating a public water system, a
coefficient to be determined by each person operating such a facility shall be
used to determine consumptive use. By March 1, 1989, each person to which this
paragraph applies shall provide the department written documentation
specifically identifying the consumptive use coefficient, and the method,
calculation, formula or device used in determining the coefficient.
(2) No consumptive use coefficient
determined under sub. (1) (c), (d), (e), (f) or (g) may be used without prior
written approval by the department. Any approval or denial of approval of a
consumptive use coefficient under sub. (1) (c), (d), (e), (f) or (g) is a final
decision of the department.
(3) If
any person fails to provide a consumptive use coefficient in the time specified
under sub. (1) (d), (e), (f) or (g), the department shall determine a
consumptive use coefficient for that person. The department shall notify the
person in writing of the department's decision and the reason for that
decision.
(4) Any person
requesting a variance from the consumptive use coefficients established under
sub. (1) (a) or (b) or modification of a consumptive use coefficient approved
by the department under sub. (2). A person requesting a variance or
modification shall submit a statement specifying the consumptive use
coefficient currently in effect, the new consumptive use coefficient desired
and documentation supporting the need for the change. Decisions by the
department on variances or modifications requested under this section shall be
final decisions of the department.
