Current through August 26, 2024
(1) APPROVAL REQUIRED. Before a person may
begin a new withdrawal or increase the amount of an existing withdrawal, the
person shall apply to the department under s.
30.18 or
281.41, Stats.,
for a new approval or a modification of an existing approval if either of the
following apply:
(a) The person proposes to
begin a withdrawal that will result in a water loss averaging more than
2,000,000 gallons per day in any 30-day period.
(b) The person proposes to increase a
withdrawal by an amount that will result in a water loss averaging more than
2,000,000 gallons per day in any 30-day period above the person's authorized
base level of water loss.
(2) APPLICATION INFORMATION. A water loss
approval application shall contain a statement of and documentation for the
following:
(a) The current operating capacity
of the withdrawal system, if the proposed increase requires the expansion of an
existing system;
(b) The total
proposed operating capacity of the withdrawal system;
(c) The location and source of the proposed
withdrawal;
(d) The location of the
proposed discharge or return flow;
(e) The location and nature of the proposed
water use;
(f) The estimated
average annual and monthly volumes and rates of the proposed
withdrawal;
(g) The estimated
average annual and monthly volumes and rates of the proposed water
loss;
(h) The anticipated effects,
if any, the proposed withdrawal will have on existing uses of water resources
and related land uses both within and outside of the Great Lakes basin or the
upper Mississippi river basin, including effects on:
1. Public and private potable water
supplies.
2. Agricultural water use
such as irrigation and livestock watering and washing.
3. Industrial and commercial water
use.
4. Commercial navigation use,
including the impact on the need for dredging of harbors and
channels.
5. Hydroelectric and
thermoelectric power production.
6.
Fish and wildlife, including impacts on wetlands, fish spawning areas and
threatened or endangered species.
7. Recreation, tourism and scenic
beauty.
(i) Any land
acquisitions, equipment, energy consumption or the relocation or resiting of
any existing community, facility, right-of-way or structure that will be
required;
(j) The total anticipated
costs of any proposed construction;
(k) A list of all federal, state, provincial
and local approvals, permits, licenses and other authorizations required for
any proposed construction;
(L) A
statement, with supporting materials, as to whether the proposed withdrawal
complies with all applicable plans for the use, management and protection of
the waters of the state and related land resources, including plans developed
under ss.
281.12(1) and
283.83,
Stats., and the requirements specified in any water quantity resources plan
under s.
281.35(8),
Stats.;
(m) A description of
alternatives which may satisfy the applicant's needs for water if the
application is denied or modified;
(n) A description of the conservation
practices the applicant intends to follow.
(3) DEPARTMENT DETERMINATIONS. The department
may approve an application if it finds:
(a)
That no public or private water rights in navigable waters will be adversely
affected;
(b) That the proposed
withdrawal does not conflict with any applicable plan for future uses of the
waters of the state, including plans developed under ss.
281.12(1) and
283.83,
Stats., and any water quantity resources plans prepared under s.
281.35(8),
Stats.
(c) That both the
applicant's current water use, if any, and the applicant's proposed plans for
withdrawal, transportation, development and use of water resources incorporate
reasonable conservation practices;
(d) That the proposed withdrawal and uses
will not have a significant adverse impact on the environment and ecosystem of
the Great Lakes basin or the upper Mississippi river basin;
(e) That the proposed withdrawal and uses are
consistent with the protection of public health, safety and welfare and will
not be detrimental to the public interest; and
(f) That the proposed withdrawal will not
have a significant detrimental effect on the quantity and quality of the waters
of the state.
(4)
DEPARTMENT DETERMINATIONS ON INTERBASIN DIVERSIONS. If the proposed withdrawal
will result in an interbasin diversion, the department may approve an
application if it finds in addition to the criteria of sub. (3):
(a) That each state or province to which the
water will be diverted has developed and is implementing a plan to manage and
conserve its own water quantity resources, and that further development of its
water resources is impractical or would have a substantial adverse economic,
social or environmental impact;
(b)
That granting the application will not impair the ability of the Great Lakes
basin states and provinces or upper Mississippi river basin states to meet
their own needs;
(c) That the
interbasin diversion alone, or in combination with other existing water losses,
will not have a significant adverse impact on lake levels, water use, the
environment or the ecosystem of the Great Lakes basin or upper Mississippi
river basin; and
(d) That the
proposed withdrawal is consistent with all applicable federal, regional and
interstate water resources plans.
(5) REVIEW OF APPLICATIONS.
(a) Within 60 days after receipt of an
application, the department shall either determine the application is complete
or shall notify the applicant in writing that the application is not complete
and shall specify the information which is required to make the application
complete.
(b) Within 10 business
days after its determination that an application is complete, the department
shall, at a minimum, provide notice of the receipt of the application to be
published as a class 1 notice in the official state newspaper.
(c) Within 90 days after receipt of a
complete application, the department shall notify the applicant in writing of
the approval, conditional approval, or denial of the application. If the
application is denied, the reason for denial shall be included in the
notification. This time period may be extended for applications which require
consultation under s.
NR 142.07 or which require extension of the plan review
time under s.
281.41,
Stats.
(d) Except as provided in s.
227.42(4),
Stats., any person who receives notice of a denial or conditional approval
under par. (c) is entitled to a contested case hearing under ch. 227, Stats.,
if the person requests the hearing within 30 days after receipt of the notice.
Note: Thirty days equals approximately 21 business
days.
(6) PERMIT
CONDITIONS AND REPORTING REQUIREMENTS.
(a)
Permit conditions. If a proposed application under this
section is conditionally approved, the department may require the applicant to
provide periodic reports or other evidence documenting how the applicant is
meeting the conditions of the approval.
(b)
Reporting requirements.
Persons whose applications are approved or conditionally approved under sub.
(5), shall, no later than March 1 of each calendar year, provide the department
a statement of, and supporting documentation for, the following:
1. The actual or estimated average annual and
monthly volumes and rates of withdrawal.
2. The actual or estimated average annual and
monthly volumes and rates of water loss resulting from the
withdrawal.
(7) PERMIT REVIEWS.
(a)
Department review. The
department shall review each approval prior to the expiration date specified as
a condition of approval under sub. (5) (c), if any, or within 5 years from the
date of issuance and at least once every 5 years thereafter.
(b)
Permit modification.
1. `Department-initiated.' After notice and
opportunity for hearing in accordance with the procedures of s.
227.51, Stats., the
department may at any time propose modifications of the approval or additional
conditions, limitations or restrictions it determines are necessary to ensure
compliance with this chapter or with any other applicable statute or
rule.
2. `Others.' A person to whom
an approval has been issued or any person adversely affected by a condition,
limitation or a restriction of an approval may request that the department
modify the condition, limitation or restriction of the approval.
(c)
Permit
revocation. If the department, after notice and hearing in accordance
with the procedures of s.
227.51, Stats.,
determines that a person to whom an approval has been issued would be unable
under any conditions, limitations or restrictions to comply with this chapter
or other applicable statutes or rules, it shall revoke the approval.
(d)
Final decisions.
Decisions by the department on modifications or revocations issued under this
subsection shall be final decisions of the department.
(8) TRANSFERABILITY. If an original applicant
relinquishes control of a withdrawal authorized under a water loss approval, a
new approval shall be obtained from the department by the new owner or operator
before operating the withdrawal.