NR 860.30(1)
(1) Unless exempted under
sub. (3), all of the following persons who withdraw water from the Great Lakes basin shall obtain an individual water use permit:
NR 860.30(1)(a)
(a) Any person who on December 8, 2011, has a water supply system or systems on one property or a public water supply that withdraws at least 1,000,000 gallons of water per day for any 30 consecutive days.
NR 860.30(1)(b)
(b) Any person who after December 7, 2011, proposes a withdrawal with a water supply system or systems on one property or a public water supply that equals at least 1,000,000 gallons per day for any 30 consecutive days.
NR 860.30(2)
(2) The department may require a person who is making or proposes to make a withdrawal at the general permit level under
s. NR 860.20 (1) to obtain an individual permit if the withdrawal is located in a groundwater protection area, as defined in s.
281.34 (1) (am), Stats., or a groundwater management area designated under s.
281.34 (9), Stats.
NR 860.30(3)
(3) This subchapter does not apply to withdrawals for any of the following purposes:
NR 860.30(3)(a)
(a) To supply vehicles, including vessels and aircraft, for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.
NR 860.30(3)(b)
(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.
NR 860.30(4)
(4) A separate individual water use permit is required for each property and each public water supply.
NR 860.30 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11;
correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
NR 860.31
NR 860.31 Application and Review Process for Individual Water Use Permits. NR 860.31(1)
(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).
NR 860.31(2)
(2) Automatic issuance of an individual water use permit for pre-existing withdrawals. NR 860.31(2)(a)(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:
NR 860.31 Note
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.
NR 860.31 Note
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.
NR 860.31(2)(b)
(b) The department may request any missing information required by
sub. (3) (a) from persons that qualify for automatic issuance of an individual permit.
NR 860.31(2)(d)
(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).
NR 860.31(3)(a)(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:
NR 860.31(3)(a)1.
1. The name, mailing address, telephone number, and email address of the owner and operator.
NR 860.31(3)(a)3.
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.
NR 860.31(3)(a)4.
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.
NR 860.31(3)(a)8.
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.
NR 860.31(3)(a)10.
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.
NR 860.31 Note
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.
NR 860.31(3)(a)12.
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.:
NR 860.31(3)(a)12.a.
a. Documentation that the proposed withdrawal amount is needed to meet the applicant's projected needs.
NR 860.31 Note
Note: Public water systems that are required to have an approved water supply service area plan may use that plan as the required documentation
.
NR 860.31(3)(a)12.c.
c. An alternatives analysis comparing other potential water sources for cost-effectiveness and environmental effects.
NR 860.31(3)(a)12.d.
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.
NR 860.31(3)(a)12.e.
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.
NR 860.31(3)(a)13.
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.:
NR 860.31(3)(a)13.a.
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.
NR 860.31(3)(a)13.c.
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.
NR 860.31(3)(a)13.d.
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.
NR 860.31 Note
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.
NR 860.31(3)(a)13.e.
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.
NR 860.31(3)(a)13.f.
f. The supply potential of the water source including quality, quantity, and reliability taking into consideration interconnected water sources and water dependent natural resources.
NR 860.31(3)(a)13.g.
g. A description of mitigation measures that will be implemented to prevent or eliminate significant impacts.
NR 860.31(3)(b)
(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.
NR 860.31(3)(c)
(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.
NR 860.31(3)(d)
(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.
NR 860.31(3)(e)
(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:
NR 860.31(3)(e)1.
1. For individual permits that do not require public participation under
s. NR 860.40, within 60 days of receipt of a complete application.
NR 860.31(3)(e)2.
2. For individual permits that require public participation under
s. NR 860.40, within 60 days after the end of the public comment period.
NR 860.31(3)(f)
(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.
NR 860.31(3)(g)
(g) The department may investigate or visit a property and facility to determine whether a withdrawal meets the standards for an individual permit.
NR 860.31 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.31 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11; (title) created in (1) under s.
13.92 (4) (b) 2., Stats.,
Register September 2011 No. 669.
NR 860.32
NR 860.32 Individual Water Use Permit Decisions. NR 860.32(1)(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:
NR 860.32 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.32(1)(b)
(b) Public participation has been completed following the procedures in subch.
IV, if applicable.
NR 860.32(1)(d)
(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.
NR 860.32(1)(e)
(e) The applicant receives department approval of a water conservation plan under
ch. NR 852, if applicable.
NR 860.32(1)(f)
(f) The applicant has complied with an approved water supply service area plan under s.
281.348, Stats., if applicable.
NR 860.32(2)
(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:
NR 860.32(2)(a)
(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.
NR 860.32(2)(b)
(b) Limitations on the location and dates or seasons of the withdrawal.
NR 860.32(2)(d)
(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.
NR 860.32(2)(e)
(e) If the owner also has an approved diversion under s.
281.346 (4), Stats., the conditions of that diversion approval.
NR 860.32(2)(g)
(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.
NR 860.32(3)
(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.
NR 860.32(4)
(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.
NR 860.32(5)
(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.
NR 860.32 Note
Note: 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.
NR 860.32 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.33
NR 860.33 Modifications to the Withdrawal Amount — Individual Water Use Permits. NR 860.33(1)
(1) If a permittee proposes to increase the amount of a withdrawal over the established withdrawal amount in the individual permit, the permittee shall apply to the department using the method prescribed by the department for a modification of the permit and submit any missing or outdated information required under
s. NR 860.31 (3) (a).
NR 860.33 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.33(2)
(2) The department shall review the application following the requirements of
s. NR 860.31 (3) and approve the modification if the increased withdrawal meets the requirements of
s. NR 860.32 (1).
NR 860.33 Note
Note: Department review of a proposed modification may require compliance with the state decision-making standard under s.
281.346 (5m), Stats., or the compact decision-making standard under s.
281.346 (6), Stats.
NR 860.33(3)
(3) If the department determines that the requested modification does not meet the requirements of
s. NR 860.32 (1), the department shall disapprove the application in writing and state the reasons for the disapproval.
