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 851.42 - Department review for a community within a straddling county diversion
Universal Citation: WI Admin Code ยง NR 851.42
Current through August 26, 2024
(1) Upon receipt of an application for a community within a straddling county diversion, 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 an application is complete, it shall follow the applicable public notice and participation requirements under subch. VII.
(2) The department may approve a proposal for a community within a straddling county for a new or increased diversion, if the department finds all of the following apply:
(a) The proposal is properly characterized as
a community within a straddling county diversion based on the boundaries of the
county and the city, village, or town to which water will be diverted in
relation to the Great Lakes basin.
(b) The applicant owns or operates a public
water supply system.
(c) The
diverted water is solely for public water supply purposes in the portion of a
community that is within a straddling county based on the boundaries of the
county, city, village, or town.
(d)
The community is without adequate supplies of potable water.
(e) The proposal meets the exception standard
under subch. V.
(f) There is no
reasonable water supply alternative within the watershed to which the water
will be transferred, including conservation of existing water
supplies.
(g) If applicable and
available, the department has considered scientifically based evidence
regarding the interconnection between existing groundwater supplies and the
waters of the Great Lakes basin.
(h) The diversion maximizes the amount of
water withdrawn from the Great Lakes basin that will be returned to the source
watershed and minimizes the amount of water from outside of the Great Lakes
basin that will be returned to the source watershed.
(i) The proposed diversion has no significant
adverse impact on the Great Lakes basin ecosystem.
(j) The diversion area is entirely within a
sewer service area or the applicant has another mechanism to return the water
to the Great Lakes basin.
(k) The
proposal is consistent with an approved water supply service area plan under
ch. NR 854.
(l) 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.
(m) The department conducted
a technical review.
(n) The
proposal has undergone regional body review and the department considered the
regional declaration of findings.
(o) The Great Lakes council has approved the
proposal.
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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