Wisconsin Administrative Code
Department of Natural Resources
NR 800 - Environmental Protection - Water Supply
Chapter NR 851 - Management Of Great Lakes Diversions
Subchapter IV - Community Within a Straddling County Diversions
Section NR 851.41 - Community within a straddling county diversion application
Universal Citation: WI Admin Code ยง NR 851.41
Current through August 26, 2024
(1) A person seeking to begin a new or increased diversion to a community within a straddling county shall contact the department prior to applying for a diversion.
(2) A person seeking to begin a new or increased diversion for a community within a straddling county 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)
Documentation that the proposed diversion will be used solely for public water
supply purposes.
(d) Information on
valid contracts and border agreements related to water supply or wastewater, if
applicable.
(e) The source
watershed and the waterbody from which the water will be diverted. The
applicant shall specify if the source is surface water, including the name of
the waterbody, or groundwater including the aquifer name.
(f) The requested diversion volume expressed
in millions of gallons per day, averaged over each calendar year.
(g) Documentation that the proposed diversion
quantity is reasonable for the purpose for which the diversion is
proposed.
(h) The requested
diversion volume for the projected peak 30-day period, and projected peak
90-day period, during a calendar year.
(i) The estimated consumptive use associated
with the diversion in any 90-day period.
(j) A statement of whether the proposed
diversion will be continuous, temporary, or seasonal.
(k) The location of the point of measurement,
and the technical method that will be used for measuring the
diversion.
(l) An approved water
supply service area plan developed and approved under ch. NR 854, or a water
supply service area plan that is being submitted simultaneously with the
diversion application for department review and approval under ch. NR
854.
(m) Maps of the area that
include the approved or proposed water supply service area, the proposed area
to be served diverted water, the sewer service area, and the location where the
water will be returned to the Great Lakes basin.
(n) A list of all required department
approvals or permits related to the diversion, including any 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 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) Strategies to reduce or
minimize Mississippi River basin water in return flow to the Great Lakes
basin.
(q) Supporting documentation
and evidence that the community is without adequate current water supply in
either quantity or quality of water.
(r) Supporting documentation that there are
no reasonable water supply alternatives, including that the volume needed
cannot be obtained by conservation of the existing water supply. Documentation
shall include an analysis of water supply alternatives and quantitative
evidence, which may include hydrogeologic modeling, relative costs,
environmental sustainability, and public health impacts of the water supply
alternatives, and if applicable and available, scientifically based evidence
that the existing groundwater supply is hydrologically interconnected to waters
of the Great Lakes basin.
(s)
Materials related to the exception standard under subch. V.
(t) Information regarding any other diversion
applications or existing approved diversions the applicant has submitted or
received.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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