Wisconsin Administrative Code
Department of Natural Resources
NR 800 - Environmental Protection - Water Supply
Chapter NR 860 - Water Use Permitting
Subchapter III - Individual Water Use Permits
Section NR 860.31 - Application and Review Process for Individual Water Use Permits
Universal Citation: WI Admin Code ยง NR 860.31
Current through August 26, 2024
(1) APPLICABLE PROCESS. A person required to have an individual water use permit under this subchapter shall obtain a permit decision following the applicable process under sub. (2) or (3).
(2) AUTOMATIC ISSUANCE OF AN INDIVIDUAL WATER USE PERMIT FOR PRE-EXISTING WITHDRAWALS.
(a) The department shall issue
an automatic individual water use permit no later than December 8, 2011, to
persons with a preexisting withdrawal that qualify for automatic issuance of an
individual water use permit as set forth in s.
281.346(5) (c), Stats., and that have one of the
following:
1. An interim approval under s.
281.344(5m),
Stats.
2. A registration under ch.
NR 856 completed no later than November 1, 2011.
Note: Persons with a preexisting withdrawal that are required to obtain an individual permit and that made a withdrawal that averaged 100,000 gallons per day or more in any 30-day period before December 8, 2008 qualify for automatic issuance of an individual permit.
Note: The department can not guarantee that automatic issuance of an individual permit will be issued in time to meet the December 8, 2011 deadline for registrations received after November 1, 2011 for preexisting withdrawals that qualify for issuance of an individual permit.
(b) The department may
request any missing information required by sub. (3) (a) from persons that
qualify for automatic issuance of an individual permit.
(d) Persons with a preexisting withdrawal
that do not receive automatic issuance of an individual water use permit on or
before December 8, 2011, shall apply for an individual permit under sub.
(3).
(3) INDIVIDUAL WATER USE PERMITS.
(a) Any person required to
obtain an individual permit under this subchapter that did not receive
automatic issuance of an individual water use permit under sub. (2) shall
submit an application to the department using the method prescribed by the
department, and the application shall include all of the following information
about the existing or proposed withdrawal:
1.
The name, mailing address, telephone number, and email address of the owner and
operator.
2. The locations and
sources of the withdrawal.
3. The
daily withdrawal capacity of the water supply system, the daily withdrawal
capacity from each source, identification of the most restrictive component of
the water supply system or systems, and an estimate of the maximum hydraulic
capacity of the most restrictive component of the water supply system or
systems.
4. The projected
withdrawal schedule including the average and maximum amounts and rates of the
withdrawal per month and a description of any expected peak use in terms of
gallons per day.
5. The uses made
of the water.
6. The places at
which the water is used.
7. The
places at which any of the water is discharged.
8. An estimate and the method or methods used
to determine the estimate, of the water loss from consumptive use from the
property or a public water supply. Water loss and consumptive use estimations
and calculations shall follow the procedures set forth in department rules and
guidelines.
9. Whether the person
holds an approval or permits under s.
30.12,
30.18,
281.34,
281.35,
281.41, or
283.31,
Stats., or s.
281.17,
2001 Stats., or other statutes and any specified withdrawal conditions set
forth in the approval or permit.
10. A map showing the location of the
property or public water supply, sources, and discharges, if the applicant is
submitting an application using a paper form.
11. If required by ch. NR 852, a water
conservation plan.
Note: A water conservation plan is required by ch. NR 852 for new and increased withdrawals in the Great Lakes basin and withdrawals statewide that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.
12. For withdrawals that require compliance
with the state decision-making standard under s.
281.346(5m),
Stats., all of the following information is required, in addition to the
information in subds. 1. to 11.:
a.
Documentation that the proposed withdrawal amount is needed to meet the
applicant's projected needs.
Note: Public water systems that are required to have an approved water supply service area plan may use that plan as the required documentation.
b.
Documentation of compliance with the applicable provisions of ch. NR
852.
c. An alternatives analysis
comparing other potential water sources for cost-effectiveness and
environmental effects.
d. A
description of the baseline conditions of the source including hydrologic flow,
water quality, and for surface water sources, habitat of the source. This
information is not required if the department has issued a permit under s.
30.18,
Stats.; an approval under s.
281.34,
Stats., for the new or increased withdrawal; or has issued a permit under s.
30.12,
Stats., for the structure that will be used for the new or increased
withdrawal.
e. An assessment of the
potential impacts of the withdrawal on the waters of the state. The department
may require modeling to document the anticipated hydrologic impacts of the
proposed withdrawal and any return flow or may require a water quality
evaluation to determine if the withdrawal or return flow will meet established
water quality standards, or may require both. This information is not required
if the department has issued a permit under s.
30.18,
Stats.; an approval under s.
281.34,
Stats., for the new or increased withdrawal; or has issued a permit under s.
30.12,
Stats., for the structure that will be used for the new or increased
withdrawal.
13. For
withdrawals that require compliance with the compact-decision making standard
under s.
281.346(6),
Stats., all of the following information is required, in addition to the
information in subd. 1. to 11.:
a. An
assessment of the potential impacts of the withdrawal on the waters of the
state and water dependent natural resources including wetlands. The department
may require modeling to document the anticipated hydrologic impacts of the
proposed withdrawal and any return flow or may require a water quality
evaluation to determine if the withdrawal or return flow will meet established
water quality standards, or may require both.
b. Documentation of compliance with the
applicable provisions of ch. NR 852.
c. Documentation of compliance with all
applicable local, state, and federal laws, rules, and regulations, and
interstate and international agreements, including the Boundary Waters Treaty
of 1909.
d. An analysis of the
efficiency of the proposed water use, and if there is an expected increase in
water loss, an analysis of the efficiency of the use of existing water
supplies. The analysis shall include a comparison of the proposed water use
intensity with the water use intensity of similar facilities or operations. The
analysis may include information from the water conservation plan prepared in
compliance with s.
NR 852.07.
Note: The water conservation plan contains a description and quantification of current water use and reuse as identified by a water use audit, a calculation of water use intensity, a description of the water conservation and water use efficiency goals, documentation of the implementation of conservation and efficiency measures, and a monitoring plan.
e. An analysis of the
impacts of the withdrawal over the next ten years on economic development,
social development, and environmental protection taking into consideration
other existing and planned withdrawals from the same source. The analysis shall
include the impact of the withdrawal on the quantity and quality of the water
supply for existing withdrawers and the quantity and quality of the water
supply for future users, the economic impact of the water use including the
number of individuals that will be employed and potential tax revenues, the
social impact of the project on people living in the area of the withdrawal
including access to jobs, and whether or not the withdrawal is capable of being
maintained at a steady level without exhausting natural resources or causing
significant adverse environmental impact.
f. The supply potential of the water source
including quality, quantity, and reliability taking into consideration
interconnected water sources and water dependent natural resources.
g. A description of mitigation measures that
will be implemented to prevent or eliminate significant impacts.
(b) If the application
does not include the information required in par. (a), it may be deemed
incomplete. Within 30 days of receipt, the department shall notify the
applicant in writing that the application is incomplete and shall notify the
applicant of the information that shall be submitted in order for the
application to be complete.
(c)
The department may dismiss an application if the information needed to complete
the application is not received within 30 days after the department notifies an
applicant that its application is incomplete.
(d) If the proposed withdrawal requires prior
notice or regional review by the provinces of Ontario and Quebec, Canada and
the states that are a party to the Great Lakes - St. Lawrence River Basin Water
Resources Compact under s.
281.346(5) (L), Stats., or s.
281.346(5) (m), Stats., the department shall forward the
application to the appropriate parties for review within 60 days after the end
of the public comment period under subch. IV.
(e) The department shall determine if the
withdrawal meets the standards for an individual permit and issue a permit or
disapprove the application within the following timeframes:
1. For individual permits that do not require
public participation under s.
NR 860.40, within 60 days of receipt of a complete
application.
2. For individual
permits that require public participation under s.
NR 860.40, within 60 days after the end of the public
comment period.
3. For individual
permits that require prior notice under s.
281.346(5) (L), Stats., or regional review under s.
281.346(5) (m), Stats., within 90 days of the completion
of the prior notice and regional review.
(f) If the department determines that a
withdrawal does not meet the requirements under s.
NR 860.32 and s.
281.346(5),
Stats., for the issuance of an individual permit, the department shall
disapprove the application in writing and state the reasons for the
disapproval.
(g) The department may
investigate or visit a property and facility to determine whether a withdrawal
meets the standards for an individual permit.
Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
