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 851.32 - Intrabasin transfer review
Universal Citation: WI Admin Code ยง NR 851.32
Current through August 26, 2024
(1) Upon receipt of an application for an intrabasin transfer 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 the application is complete, it shall follow the public notice and participation process under subch. VII.
(2) The department may approve an intrabasin transfer if it finds all of the following apply:
(a) The amount of the intrabasin transfer is
reasonable for the purpose for which the intrabasin transfer is
proposed.
(b) The Tier 3 water
conservation plan meets the requirements under ch. NR 852.
(c) 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.
(d) If the water is for public water supply
purposes, the intrabasin transfer is consistent with an approved water supply
service area plan that covers the public water supply system under s. 281.348,
Stats.
(e) If the applicant is
relying on another entity to withdraw or return the water, the entity
withdrawing or returning the water has demonstrated support for the proposal in
the form of a letter or resolution.
(f) All water shall be treated to meet
applicable standards under s. 283.31, Stats., before being discharged to a
watershed in the Great Lakes basin. If the intrabasin transfer does not
terminate in the state, then all water shall be treated to meet applicable
standards under 40 CFR part 125 before being discharged to a watershed in the
Great Lakes basin.
(g) For
intrabasin transfers that average more than 100,000 gallons per day in any
90-day period that result in a new water loss or an increase in water loss that
would average less than 5,000,000 gallons per day in every 90-day period, all
of the following apply:
1. The intrabasin
transfer meets the exception standard under subch. V, except that the water may
be returned to a watershed within the Great Lakes basin other than the source
watershed and the applicant does not need to satisfy s. NR 851.52
(4).
2. There is no feasible,
cost-effective, and environmentally sound water supply alternative within the
watershed to which the water will be transferred, including conservation of
existing water supplies.
(h) For intrabasin transfers that result in a
water loss that would average 5,000,000 gallons per day or more in any 90-day
period, all of the following apply:
1. The
proposal meets the exception standard under subch. V.
2. There is no feasible, cost-effective, and
environmentally sound water supply alternative within the watershed to which
the water will be transferred, including conservation of existing water
supplies.
3. If the water is for
public water supply purposes, the proposal is consistent with an approved water
supply service area plan under ch. NR 854.
4. The department conducted a technical
review.
5. The proposal has
undergone regional body review and the department considered the regional
declaration of findings.
6. The
Great Lakes council has approved the proposal.
(i) 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.
2. The department submitted
the proposal to the regional body for review.
3. The department considered the regional
declaration of findings.
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