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 860.32 - Individual Water Use Permit Decisions

Universal Citation: WI Admin Code ยง NR 860.32

Current through August 26, 2024

(1) The department shall issue an individual water use permit under s. NR 860.31(3), only when all of the following have been completed:

(a) The department has received a complete application containing the information required by s. NR 860.31(3) (a).

Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.

(b) Public participation has been completed following the procedures in subch. IV, if applicable.

(c) The applicant has received all the necessary permits or approvals for the withdrawal under s. 30.12, 30.18, 281.34, or 281.41, Stats., or s. 281.17, 2001 Stats.

(d) The department determines that the withdrawal meets the state decision-making standard under s. 281.346(5m), Stats., or the compact decision-making standard under s. 281.346(6), Stats., if applicable.

(e) The applicant receives department approval of a water conservation plan under ch. NR 852, if applicable.

(f) The applicant has complied with an approved water supply service area plan under s. 281.348, Stats., if applicable.

(g) Prior notice under s. 281.346(5) (L), Stats., and regional review under s. 281.346(5) (m), Stats., has been completed, if applicable.

(2) All individual water use permits shall contain the permit conditions in s. NR 860.15 and additional permit conditions that may be required that include any of the following:

(a) Requirements for estimating, and if necessary, monitoring substantial increases in water loss resulting from increases in withdrawal amounts and reporting the results to the department.

(b) Limitations on the location and dates or seasons of the withdrawal.

(c) The allowable uses of the withdrawal.

(d) Limits on the amount of the withdrawal necessary to ensure compliance with the decision-making standard under s. 281.346(5m) or (6), Stats.

(e) If the owner also has an approved diversion under s. 281.346(4), Stats., the conditions of that diversion approval.

(f) If the withdrawal requires a water loss approval under s. 281.35(4), Stats., the conditions of that water loss approval as required under s. 281.35(6) (a), Stats.

(g) If the withdrawal is from a surface water body tributary to one of the Great Lakes and would result in a water loss of more than 95 percent of the amount of water withdrawn, conditions that ensure the withdrawal does not cause significant adverse environmental impact.

(3) The department shall specify a withdrawal amount for each individual water use permit. The department shall also specify a baseline for each automatically issued individual water use permit under s. NR 860.31(2). The withdrawal amount and baseline shall be determined by following the procedures in s. 281.346, Stats. The withdrawal amount for an automatically issued individual permit shall not be less than the baseline unless specifically requested by the owner.

(4) The department may, after an opportunity for a hearing conducted following the procedures under s. NR 860.42, modify an individual permit to ensure compliance with the state or compact decision-making standard, if applicable.

(5) The department may suspend or revoke an individual water use permit for cause including obtaining the permit by misrepresentation or failure to disclose material facts or substantially violating the terms of the permit.

An applicant or permit holder may challenge a modification, suspension or revocation in whole or part of an individual permit following the requirements under s. 281.93, Stats.

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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