Wisconsin Administrative Code
Department of Natural Resources
NR 800 - Environmental Protection - Water Supply
Chapter NR 851 - Management Of Great Lakes Diversions
Subchapter III - Intrabasin Transfers
Section NR 851.31 - Intrabasin transfer application
Universal Citation: WI Admin Code ยง NR 851.31
Current through August 26, 2024
(1) A person seeking to begin a new or increased intrabasin transfer shall contact the department prior to applying for an intrabasin transfer.
(2) A person seeking to begin a new or increased intrabasin transfer shall submit an application to the department including all of the following information:
(a) The name, mailing address, telephone
number, and email address of the applicant, and the name, mailing address,
telephone number, and email of the primary point of contact, if it differs from
the applicant.
(b) The name,
mailing address, telephone number, and email address of any person, other than
the applicant, that is involved in withdrawing water from or returning water to
the Great Lakes basin. The person shall provide evidence in the form of a
letter or resolution that the person supports the proposal, has the capacity to
withdraw or return the water for the applicant, and is willing to negotiate a
contract with the applicant.
(c) A
description of the intrabasin transfer and map of the area where water will be
withdrawn and transferred.
(d) The
purpose of the intrabasin transfer and whether the transfer will be continuous,
temporary, or seasonal. If the intrabasin transfer is for multiple purposes,
indicate the percentage for each water use sector.
(e) The source watershed and the waterbody
from which the water will be transferred, specifying if the source is surface
water, including the name of the waterbody, or groundwater, including the
aquifer name.
(f) The expected
daily average volume of the intrabasin transfer and, if temporary in use, the
total volume of the intrabasin transfer.
(g) The maximum intrabasin transfer volume
over any 90-day period and associated water loss expressed in millions of
gallons per day.
(h) Documentation
that the proposed intrabasin transfer quantity is reasonable for the purpose
for which the interbasin transfer is proposed.
(i) The location of the point of measurement
and the technical method that will be used for measuring the intrabasin
transfer.
(j) If the intrabasin
transfer will be used for public water supply purposes, documentation that the
intrabasin transfer will be used for public water supply purposes and a water
supply service area plan has been approved under ch. NR 854 or a water supply
service area plan is being submitted simultaneously with the application under
this section for review and approval under ch. NR 854.
(k) The location and watershed where the
water will be returned to the Great Lakes basin.
(l) A description of how and when the water
will be returned to the Great Lakes basin and the amount of water to be
returned in gallons per day.
(m)
Information about the potential impacts of the intrabasin transfer on the
waters of the Great Lakes basin and water-dependent natural resources,
including the ratio of the amount diverted to the total volume of the waterbody
from which the water is being diverted as a percentage.
(n) A list of all required department
approvals or permits related to the diversion, including any applicable
approval or permits issued under s. 30.12, 30.18, 281.15, 281.34, 281.41, or
283.31, Stats., and the status of each application for the approval or permit
at the time the list is submitted to the department.
(o) A Tier 3 water conservation plan
developed in compliance with ch. NR 852.
(p) Information regarding any other
intrabasin transfer applications or approvals the applicant has submitted or
received.
(q) If the applicant
proposes a new or increased intrabasin transfer that would average more than
100,000 gallons per day in any 90-day period, the applicant shall submit all of
the following:
1. Materials related to the
exception standard under subch. V.
2. An analysis of the feasibility of water
supply alternatives within the watershed, including costs and environmental
impacts.
(r) If the
applicant proposes a new or increased intrabasin transfer with a new water loss
or increase in water loss that averages 5,000,000 gallons per day or more in
any 90-day period, the applicant shall submit all of the following:
1. Materials related to the exception
standard under subch. V.
2. An
analysis of the feasibility of water supply alternatives within the watershed,
including costs and environmental impacts.
3. The anticipated effects, if any, of the
proposed intrabasin transfer and related construction on existing uses of water
resources and related land uses in the Great Lakes basin, including effects on
all of the following:
a. Public and potable
water supplies.
b. Water use
sectors including industrial or commercial water use, commercial navigation
use, thermoelectric power production, and agricultural water use.
c. Fish and wildlife, including impacts on
wetlands, fish spawning areas, and threatened and endangered species.
d. Recreation, tourism, and scenic
beauty.
4. A description
of any land acquisitions, equipment, or the relocation or re-siting of any
water supply or wastewater facility, right-of-way, or structure that will be
required.
5. A statement, with
supporting materials, as to whether the diversion complies with any applicable
plans developed under ch. 281 and s. 283.83, Stats.
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