NR 852.10 Environmental soundness and economic feasibility analysis.
NR 852.11 Approval and reporting process.
NR 852.01
NR 852.01 Purpose. The purpose of this chapter is to establish a statewide water conservation and efficiency program, as required by s.
281.346 (8), Stats.; to specify mandatory water conservation and efficiency measures for withdrawals in the Great Lakes Basin and water loss approvals statewide; to promote voluntary statewide water conservation through the identification of water conservation and efficiency measures; and to guide other department regulatory, planning, resource management, liaison and financial aid determinations.
NR 852.01 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.02
NR 852.02 Applicability. Persons subject to this chapter are categorized into one of three levels, Tier 1, Tier 2, or Tier 3, in order to differentiate between the requirements for different amounts and types of a withdrawal, diversion, or water loss. Unless exempted under
sub. (4), this chapter applies to persons applying for a new or increased withdrawal, diversion, or water loss approval according to the following categories:
NR 852.02 Note
Note: Section
281.346 (4s), Stats., requires coverage under a general permit for withdrawals from the Great Lakes basin that average 100,000 gallons per day or more in any 30-day period but that do not equal at least 1,000,000 gallons per day for any 30 consecutive days.
NR 852.02 Note
Note: Section
281.346 (5), Stats., requires an individual permit for withdrawals from the Great Lakes basin that equal 1,000,000 gallons per day or more for any 30 consecutive days.
NR 852.02 Note
Note: Section
281.346 (4) (c), Stats., regulates diversions to a straddling community, s.
281.346 (4) (d), Stats., regulates intrabasin transfers within a straddling community, and s.
281.346 (4) (e), Stats. regulates diversions to a community in a straddling county.
NR 852.02 Note
Note: Section
281.35, Stats., regulates withdrawals statewide that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.
NR 852.02(4)
(4) This chapter does not apply to water withdrawals for any of the following purposes:
NR 852.02(4)(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 852.02(4)(b)
(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.
NR 852.02(4)(c)
(c) Temporary pit or trench dewatering including construction pits, sewer extension construction, pipe trenches, and other similar operations.
NR 852.02 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.03
NR 852.03 Definitions. In this chapter:
NR 852.03(1)
(1) “Commercial and institutional water use sector" means water users that supply their own water and use water for commercial and institutional uses, including entities such as motels, hotels, restaurants, office buildings, hospitals, schools and other institutions, both civilian and military. Water use in the commercial and institutional water use sector includes water used for air conditioning and other similar uses and for amusement and recreational purposes, such as snowmaking and water slides.
NR 852.03 Note
Note: Section
281.346 (1) (e) defines “consumptive use" to mean “a use of water that results in the loss or failure to return some or all of the water to the basin from which the water is withdrawn due to evaporation, incorporation into products, or other processes.
NR 852.03(3)
(3) “Cost-effectiveness analysis" means a systematic comparison of the total resources costs, including monetary costs and environmental costs, as well as other nonmonetary costs of implementing a conservation and efficiency measure to identify whether avoided costs and environmental benefits exceed the costs of implementing a conservation and efficiency measure over a planning period.
NR 852.03(4)
(4) “Department" means the department of natural resources.
NR 852.03 Note
Note: Section
281.346 (1) (h), Stats., defines “diversion" to mean “a transfer of water from the Great Lakes basin into a watershed outside the Great Lakes basin, or from the watershed of one of the Great Lakes into that of another, by any means of transfer, including a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker except that `diversion' does not include any of the following:
NR 852.03 Note
1. The transfer of a product produced in the Great Lakes basin or in the watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of the Great Lakes basin or out of that watershed.
NR 852.03 Note
2. The transmission of water within a line that extends outside the Great Lakes basin as it conveys water from one point to another within the Great Lakes basin if no water is used outside the Great Lakes basin.
NR 852.03 Note
3. The transfer of bottled water from the Great Lakes basin in containers of 5.7 gallons or less."
NR 852.03(6)
(6) “Ecosystem" means the interacting components of air, land, water, and living organisms, including humans.
NR 852.03(7)
(7) “Environmentally sound" means not destructive to the ecosystem.
NR 852.03(8)
(8) “Environmentally sound and economically feasible water conservation measures" has the meaning specified in s.
281.346 (1) (i), Stats.
NR 852.03 Note
Note: Section
281.346 (1) (i), Stats., defines “Environmentally sound and economically feasible water conservation measures" to mean “those measures, methods, or technologies for efficient water use and for reducing water loss and waste or for reducing the amount of a withdrawal, consumptive use, or diversion that are, taking into account environmental impact, the age and nature of equipment and facilities involved, the processes employed, the energy impacts, and other appropriate factors, all of the following:
NR 852.03 Note
1. Environmentally sound.
NR 852.03 Note
2. Reflective of best practices applicable to the water use sector.
NR 852.03 Note
3. Technically feasible and available.
NR 852.03 Note
4. Economically feasible and cost-effective based on an analysis that considers direct and avoided economic and environmental costs."
NR 852.03 Note
Note: Section
281.346 (1) (je), Stats., defines “Great Lakes basin" to mean “the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec, within the jurisdiction of the parties."
NR 852.03(10)
(10) “Increased diversion" means a diversion that exceeds the interbasin transfer amount specified in an approval issued under s.
281.344 (3m), Stats., or the diversion amount specified in an approval issued under s.
281.346 (4), Stats.
NR 852.03(12)
(12) “Industrial water use sector" means water users that supply their own water for use in the manufacturing of metals, chemicals, paper, food, beverage, and other products and for use in mining, quarrying and milling. Industrial water use sector does not include water users that supply their own water for use in brine extraction from oil and gas operations.
NR 852.03 Note
Note: Section
281.346 (1) (jm), Stats., defines “intrabasin transfer" to mean “the transfer of water from the watershed of one of the Great Lakes into the watershed of another of the Great Lakes."
NR 852.03(14)
(14) “Irrigation water use sector" means water users that supply their own water to apply on lands to assist in the growing of crops and pastures or in the maintenance of recreational lands such as parks and golf courses.
NR 852.03(15)
(15) “Livestock water use sector" means water users that supply their own water for use in raising or keeping animals such as fish, horses, cattle, sheep, goats, hogs, and poultry.
NR 852.03 Note
Note: Section
PSC 185.12 (11) defines “meter" to mean “an instrument installed to measure the volume and/or rate of flow of water delivered through it."
NR 852.03(17)
(17) “New diversion" means a diversion that started on or after December 8, 2008.
NR 852.03(18)
(18) “New withdrawal" means a withdrawal that started on or after December 8, 2008, and averages 100,000 gallons per day or more in any 30-day period, and a withdrawal that was occurring before December 8, 2008 but was not eligible for a baseline, and that has increased the rate of withdrawal so that it averages 100,000 gallons per day or more in any 30-day period.
NR 852.03 Note
Note: Withdrawals not eligible for a baseline include those that were less than the minimum regulated amount of an average of 100,000 gallons per day in any 30-day period.
NR 852.03(19)
(19) “Other water use sector" means water users that supply their own water and that are not a public water supply water use sector, commercial and institutional water use sector, irrigation water use sector, livestock water use sector, industrial water use sector, or power production water use sector. Water use in the other water use sector includes water used for fish or wildlife, environmental, navigation and water quality purposes.
NR 852.03(20)
(20) “Power production water use sector" means water users that supply their own water for use in generating electricity or power. Water use in the power production water use sector includes water used for thermoelectric once-through cooling, thermoelectric re-circulated cooling, and hydroelectric.
NR 852.03(21)
(21) “Public water supply water use sector" means public water supply systems that distribute water to the public through a physically connected system of treatment, storage and distribution facilities serving a group of largely residential customers that may also serve industrial, commercial and other institutional customers.
NR 852.03 Note
Note: Section
NR 809.04 (67) defines “public water system" to mean “a system for the provision to the public of piped water for human consumption through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system is either a “community water system" or a “non-community water system". A public water system:
NR 852.03 Note
(a) Includes any collection, treatment, storage and distribution facilities under control of the water supplier for the public water system and used primarily in connection with the system.
NR 852.03 Note
(b) Includes any collection or pretreatment storage facilities not under the control of the water supplier for the public water system, which are used primarily in connection with the system.
NR 852.03 Note
(c) Does not include any “special irrigation district."
NR 852.03 Note
Note: The definition of public water system in this chapter is broader and includes more water systems than those governed by the public service commission under its definition of a public utility in ch.
196, Stats.
NR 852.03(23)
(23) “Retrofit or retrofitting" means to modify or replace existing fixtures, appliances or equipment that is already in service.
NR 852.03(24)
(24) “System losses" means the difference between the volume of water entering the distribution system and the volume of water that is sold or otherwise authorized for system uses.
NR 852.03(25)
(25) “Water conservation and efficiency measures" or “CEMs" means structural or non-structural measures, practices, techniques or devices employed to reduce water use, or increase water reuse or water use efficiency.
NR 852.03 Note
Note: Section
281.346 (1) (wm), Stats., defines “water loss" to mean “the amount of water that is withheld from or not returned to the basin from which it is withdrawn as a result of a diversion or consumptive use or both."
NR 852.03(27)
(27) “Water reuse" means the collection and adequate treatment of clear water, storm water or other wastewater for subsequent use in toilet flushing, irrigation, or other processes that do not require water to meet drinking water quality standards.
NR 852.03(28)
(28) “Water use audit" means an examination of water use and reuse data that tracks the flow of water in the system from the point of withdrawal or, if the water is provided to the water supply system through a third party, the point of entry into the system, through any treatment and distribution to the end use. The water use audit assesses the quantitative efficiency of a water supply system, and evaluates impacts to water resources and operational and financial aspects of the system, and identifies and quantifies system losses.
NR 852.03 Note
Note: The water use audit for a public water supply water use sector includes tracking the water up to the customer service connection.
NR 852.03(29)
(29) “Water use intensity" means a measure of water use per unit production, sales unit, or customer served.
NR 852.03(30)
(30) “Water use sector" means one of the following types of water use sectors: commercial and institutional, industrial, irrigation, livestock, other, power production, or public water supply.
NR 852.03 Note
Note: Section
281.346 (1) (y), Stats., defines “withdraw" to mean “to take water from surface water or groundwater."
NR 852.03 Note
Note: Section
281.346 (1) (z), Stats., defines “withdrawal" to mean “the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water."
NR 852.03 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11; correction in (22) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660. NR 852.04
NR 852.04 Required elements — all. All persons identified in Tier 1, Tier 2 or Tier 3 shall submit with the application for a new or increased withdrawal, diversion, or water loss approval all of the following:
NR 852.04(2)
(2) Written documentation showing that the person has implemented or completed the CEMs in Table 1 that do not require retrofitting, as applicable for each water use sector.
Table 1
NR 852.04 History
History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11. NR 852.05
NR 852.05 Required elements — Tier 2 and Tier 3. NR 852.05(1)(1) Persons identified in Tier 2 and Tier 3 shall complete the elements specified in
s. NR 852.04 and the elements specified under either
sub. (2) or
(3).
NR 852.05(2)
(2) A person identified in Tier 2 or Tier 3 shall implement all CEMs identified in Table 2 for the applicable water use sector that do not require retrofitting, except those CEMs that are not cost-effective or environmentally sound and economically feasible, as determined by an analysis conducted by the applicant pursuant to
s. NR 852.09 or
852.10, and approved by the department.
NR 852.05(3)
(3) A person identified in Tier 2 or Tier 3 shall implement CEMs selected from Table 2, the Optional CEM list in
s. NR 852.08 (2), or other CEMs as proposed by the applicant and approved by the department, which can be shown to reduce water use or increase water reuse or efficiency by 10 percent, in accordance with all of the following:
NR 852.05(3)(a)
(a) The percent reduction in water use or increase in water reuse or efficiency in this subsection shall be based upon a comparison of the water use or water use intensity from the most recent complete year. Water use and water use intensity shall be adjusted to account for unique facility, economic, or weather variability.
