Current through August 26, 2024
(1) Except as
provided in sub. (2), an application for approval of a high capacity well
within a groundwater protection area shall be supplemented to include all of
the following information:
(a) The name of
each class 1, 2 or 3 trout stream, outstanding resource water or exceptional
resource water that is located within 1,200 feet of the proposed well location.
Note: Outstanding resource waters and
exceptional resource waters are identified in ss.
NR 102.10 and 102.11. Chapter
NR 102 is available for viewing
and printing on the Internet at:
http://www.legis.state.wi.us/rsb/code/nr/nr102.pdf. Paper copies of ch. NR 102
may be obtained from the Department of Natural Resources, Bureau of Watershed
Management, 101 South Webster Street, Natural Resources Building, PO Box 7921,
Madison, Wisconsin 53707-7921.
(b) The distance from each proposed high
capacity well to the class 1, 2 or 3 trout stream, outstanding resource water
or exceptional resource water.
(c)
If the potentially affected water body is a stream, a description of the stream
channel at the point nearest to the proposed well location including stream
width, depth of water, publicly available information regarding seasonal flow
and nature of the substrate.
(d) If
the potentially affected water body is a lake or flowage, a description of the
lake or flowage including identification and approximate flows of major inlets
and outlets, surface area of the lake or flowage, approximate elevation of the
current lake or flowage level, analysis of publicly available information
pertaining to historic lake level fluctuations, and nature of the lake
bed.
(e) A description of all other
wells on the high capacity property including location relative to the class 1,
2 or 3 trout stream, or outstanding or exceptional resource water, maximum
pumping capacity, estimated actual annual pumpage for each well and frequency
of pumping for each well.
(f) A
description of the hydrogeologic conditions in the vicinity of the proposed
well including flow direction, groundwater elevation, depth to groundwater, and
a description of the aquifer characteristics including approximate thickness of
each aquifer.
(g) A discussion and
analysis of alternative well locations and feasibility of siting the high
capacity well outside of the groundwater protection area.
(h) A determination by a registered
professional engineer, registered professional geologist or registered
professional hydrologist of the 80% exceedance flow for the stream and
associated water level at the location closest to the proposed well
location.
(i) If the affected water
body is a lake, a determination by a registered professional engineer,
registered professional geologist or registered professional hydrologist of the
80% exceedance flow and associated water level for the primary surface water
outlet and the invert elevation of the primary surface water outlet.
(j) The appropriate consumptive use
coefficient.
(2)
(a) The department may approve a high
capacity well as described in pars. (b) to (e) within a groundwater protection
area without preparing an environmental analysis if it determines that
construction and operation of the proposed well will not result in significant
adverse environmental impact. The information specified under sub. (1) (h) to
(j) is not required for a proposed well if any of the conditions in pars. (b)
to (e) apply. Based on information submitted by the applicant under sub. (1)
and other available information, the department may determine that supplemental
information and review is needed in order to issue or deny the necessary
approval. The department shall include in any approval issued using the
standards under s.
281.34,
Stats., conditions to ensure that the high capacity well will not result in
significant adverse environmental impacts to trout streams, outstanding
resource waters and exceptional resource waters. The conditions may include but
are not limited to conditions as to location, depth of lower drillhole, depth
interval of well screen, pumping capacity, pumpage schedule, months of
operation, rate of flow, and conservation measures.
(b) The proposed high capacity well is a well
that does not have a pump capacity of greater than 20 gallons per minute and
the well is to be used solely for domestic purposes for a single
residence.
(c) The proposed high
capacity well is intended to be used for purposes such as fire suppression and
similar non-commercial, non-industrial and non-agricultural irrigation
purposes, and the well will only be used on a sporadic basis averaging less
than 30 days each year and will generally operate for no more than 2
consecutive days.
(d) The high
capacity well application is for reconstruction of an existing high capacity
well and the application does not seek an increase in the approved pumping
capacity of the well.
(e) The high
capacity well application is for temporary dewatering of a single construction
site in unconsolidated deposits and the duration of the project will not extend
more than one construction season.
(3)
(a) The
department may approve a proposed high capacity well without completing an
environmental analysis under ch. NR 150 if the proposed well is not a well
described in sub. (2) (b) to (e) and the department determines that
construction and operation of the proposed well will not result in significant
adverse environmental impacts to the stream or lake and at least one of the
conditions in subds. 1. to 5. is satisfied. In making this determination, the
department shall consider impacts caused by other wells on the high capacity
property and take into account actual or current conditions of the Class 1, 2,
or 3 trout stream, outstanding resource water, or exceptional resource water.
1. The potentially affected water body is a
trout stream and the proposed pumping capacity of the high capacity well is
less than 10% of the value for the 80% exceedance flow for the
stream.
2. The potentially affected
water body is an outstanding or exceptional resource water that is a stream and
the proposed pumping capacity of the high capacity well is less than 10% of the
value for the 80% exceedance flow for the stream.
3. The potentially affected water body is an
outstanding or exceptional resource water that is a lake with a surface outlet
and the proposed pumping capacity of the high capacity well is less than 10% of
the value for the 80% exceedance flow for the primary surface outlet from the
lake.
4. The potentially affected
water body is an outstanding or exceptional resource water that is a lake with
a surface water outlet and a surface area of at least 600 acres.
5. The potentially affected water body is an
outstanding or exceptional resource water that is a lake with a surface water
outlet, a surface area of less than 600 acres and the volume of water that
would be pumped from the well in 30 days of continuous pumping at maximum
capacity is less than 5% of the volume of the lake.
(b) The department shall include in any
approval issued using the standards under s.
281.34,
Stats., conditions to ensure that the high capacity well will not result in
significant adverse environmental impacts to trout streams, outstanding
resource waters and exceptional resource waters. The conditions may include but
are not limited to conditions as to location, depth of lower drillhole, depth
interval of well screen, pumping capacity, pumpage schedule, months of
operation, rate of flow and conservation measures. The department may also
modify the approvals or place additional conditions on the approvals of other
previously approved wells on the high capacity property to prevent significant
adverse environmental impacts.
(4) All of the following provisions shall
apply to proposed high capacity wells that are not included under sub. (3) (a)
1. to 5. and proposed wells that satisfy the conditions under sub. (3) (a) 1.
to 5. but for which the department has determined that the proposed well may
have a significant adverse environmental impact on the trout stream,
outstanding resource water or exceptional resource water:
(a) The department shall notify the applicant
that the proposed high capacity well may have a significant impact on the
stream or lake and may require additional information concerning flow
characteristics of the affected stream or lake, site-specific geologic and
hydrogeologic information 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 on critical resources within the stream or lake
and other uses of the stream or lake, the department shall approve the well and
include in any approval issued using the standards under s.
281.34,
Stats., conditions to ensure that operation of the proposed well will not cause
significant adverse environmental impact to critical aquatic resources or other
existing uses of the stream or lake. 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. In
the case of Class 1, 2 and 3 trout streams and outstanding or exceptional
resource waters that contain warm water sport fisheries, flow conditions in the
stream shall be maintained such that the fish populations and critical habitat
are not adversely affected.
(5) As part of an approval issued using the
standards under s.
281.34,
Stats., the department may require the owner of the high capacity well to
implement a monitoring plan to document stream flow or lake level conditions in
the vicinity of any well located within a groundwater protection area and based
on results of the monitoring program may revise the approval.
(6) The department may not issue an approval
using the standards under s.
281.34,
Stats., for a high capacity well within a groundwater protection area unless it
is able to include and includes conditions that ensure that the well does not
cause significant adverse environmental impact.
(7) The department may order the owner of a
high capacity well constructed prior to May 7, 2004 that is located in a
groundwater protection area to mitigate the effects of the well. Mitigation may
include abandonment of the well, replacement of the well, if necessary, and
management strategies. If mitigation is ordered, the department shall provide
funding for the full cost of the mitigation, except that full funding is not
required if the department is authorized under ch. 280, Stats., to require the
well to be abandoned because of issues regarding public health.
