NR 856.12 Note
Note: Section
NR 812.07 (68), Wis. Adm. Code, defines “one property" to mean “all contiguous land controlled by one owner, lessee, or any other person having a possessory interest. Lands under single ownership bisected by highways or railroad right-of-ways are considered contiguous."
NR 856.12(8)
(8) “Owner," for water supply systems other than public water supply systems, means a person who owns property on which a water supply system is located or proposed to be located or the designated representative of such a person. For public water supply systems, owner means a person who owns the public water supply or designated representative of such a person.
NR 856.12 Note
Note: Section
281.346 (1) (nm), Stats., defines “person" to mean “an individual or other entity, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with nor under the direction of a government."
NR 856.12(10)
(10) “Property" has the same meaning as “one property," as specified in
sub. (7).
NR 856.12 Note
Note: Section
281.346 (1) (pm), Stats., defines “public water supply" to mean “water distributed to the public through a physically connected system of treatment, storage, and distribution facilities that serve a group of largely residential customers and that may also serve industrial, commercial, and other institutional customers."
NR 856.12(12)
(12) “Source" means an individual location where water is withdrawn from groundwater or surface water, such as a well or surface water intake.
NR 856.12 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defines “water loss" to mean “the amount of water that is withheld from or not returned to the basin from which it is withdrawn as a result of a diversion or consumptive use or both."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 856.12 Note
Note: Section
281.346 (1) (wp), Stats., defines “water supply system", when not preceded by “public", to mean “one of the following: 1. Except as provided in subd. 2., the equipment handling water from the point of intake of the water to the first point at which the water is used. 2. For a system for providing a public water supply, the equipment from the point of intake of the water to the first point at which the water is distributed."
NR 856.12 Note
Note: The water supply system includes all points of intake of water into a water supply system.
NR 856.12 Note
Note: Section
281.01 (18), Stats., defines “waters of the state" to include “those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction."
NR 856.12 Note
Note: Section
281.34 (1) (h), Stats., defines “well" to mean “any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater."
NR 856.12 Note
Note: Section
281.346 (1) (y), Stats., defines “withdraw" to mean “to take water from surface water or groundwater."
NR 856.12 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 856.12 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.13
NR 856.13 Determining withdrawal capacity. NR 856.13(1)(1) The withdrawal capacity for a property is the total capacity in gallons per day from all water sources on the property.
NR 856.13 Note
Note: The withdrawal capacity may not necessarily be the same as the approved maximum daily withdrawal set forth by another department approval or permit, such as a high capacity well approval or a permit issued under s.
30.18, Stats.
NR 856.13(2)
(2) The withdrawal capacity for a public water supply is the total capacity from all water sources in the system.
NR 856.13(3)
(3) The capacity of individual water sources shall be one of the following:
NR 856.13(3)(b)
(b) For pumped sources, the maximum hydraulic capacity of the most restrictive component of the water supply system. If the most restrictive component is a pump, the maximum capacity is determined based on the pump curve at the lowest system pressure setting.
NR 856.13 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.14
NR 856.14 Responsible parties. The person responsible for registering, reporting, amending, or terminating registrations as required under this chapter is one of the following:
NR 856.14(1)
(1) For water supply systems, the owner of the property on which the water supply system is located.
NR 856.14(2)
(2) For public water supply systems, the owner of the public water supply system.
NR 856.14 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660. NR 856.15
NR 856.15 Open records requests and water use information. NR 856.15(1)(1) The locations of withdrawals and diversions are sensitive information that may impact domestic security.
NR 856.15(2)
(2) Open records requests received by the department under ss.
19.21 to
19.39, Stats., that request information on the locations of withdrawals or diversions may be subject to greater scrutiny by the department because of domestic security concerns, as allowed under s.
281.346 (3) (cm), Stats. The department may request any of the following with respect to open records requests seeking information on the locations of withdrawals or diversions, in order to address domestic security concerns:
NR 856.15(2)(b)
(b) The name, mailing address, telephone number, and email address of the requester and the company or organization that the requester represents.
NR 856.15(2)(d)
(d) The reason the information is requested and how it will be used.
NR 856.15(3)
(3) In considering the public's interest in domestic security when reviewing requests submitted under
sub. (2), the department may consider guidance and information from state and federal agencies and organizations with responsibility for domestic security and may place conditions on the use of the information, or may provide the requested information in a different format, when necessary to protect the public's interest in domestic security. The department shall explain its reasons for why conditions or special formats are necessary to protect the public's interest in domestic security in its response to the requester.
NR 856.15(4)
(4) Water use information collected by the department shall be provided to the public in an easily accessible form such as a report or database summary, at least annually. Information provided by the department shall not include the following information:
NR 856.15(4)(a)
(a) The registrant's personal information except for the registrant's name; and
NR 856.15(4)(b)
(b) Location information at a scale more specific than the public land survey section level.
NR 856.15 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.16(2)
(2) Any violation of these rules shall be treated as a violation of the statutes they interpret or under which they are promulgated.
NR 856.16 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.20(1)
(1) Any person proposing to begin a withdrawal or diversion to which this chapter applies shall register with the department prior to withdrawing or diverting water.
NR 856.20(2)
(2) Any person who on July 1, 2009 had a water supply system to which this chapter applies shall register within six months after January 1, 2011.
NR 856.20(3)
(3) Registration is required for each property and each public water system.
NR 856.20(4)
(4) A person shall register in the manner prescribed by the department and shall provide all of the following information:
NR 856.20(4)(a)
(a) The name, mailing address, telephone number, and email address of the owner and operator.
NR 856.20(4)(b)
(b) The locations and sources of the withdrawal or diversion.
NR 856.20(4)(c)
(c) The daily withdrawal capacity of the water supply system, the daily withdrawal capacity from each source and, for water supply systems located in the Great Lakes Basin, an estimate of the maximum hydraulic capacity of the most restrictive component of the water supply system or systems.
NR 856.20(4)(d)
(d) An estimate of the volume of the withdrawal or diversion in terms of gallons per day average in any 30-day period.
NR 856.20(4)(j)
(j) A map showing the location of the property or public water supply, sources, and discharges.
NR 856.20 Note
Note: The department is developing an internet based system that will allow registrants to identify required locations using an online mapping tool.
NR 856.20(5)
(5) The department shall not accept a registration until it is complete. A complete registration contains all of the information identified in
sub. (4).
NR 856.20(6)
(6) The department shall notify owners if the registration is incomplete or if it has been accepted within 30 calendar days after the receipt of the registration.
NR 856.20 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.21(1)
(1) A registration amendment is required when changes or modifications are made to any of the following:
NR 856.21(1)(b)
(b) The name, mailing address, telephone number, and email address of the owner and operator, if applicable.
NR 856.21(1)(c)
(c) The locations and sources of the withdrawal or diversion.
NR 856.21(1)(d)
(d) The daily withdrawal capacity of the water supply system or individual source or sources.
NR 856.21(2)
(2) Except for changes in property ownership, the owner shall amend the registration in the manner prescribed by the department by March 1 of the year following the change or modification. For changes in property ownership, the new owner shall amend the registration within 30 calendar days after the change.
NR 856.21 Note
Note: Registration amendments may be completed as part of the annual reporting process.
NR 856.21(3)
(3) An owner is not required to amend a registration when replacing equipment with equipment of the same capacity and operating parameters.
NR 856.21 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.22(1)
(1) An owner may terminate registration only when the withdrawal capacity of the water supply system or systems on one property or for a public water system is no longer at the level requiring registration under
s. NR 856.11.
NR 856.22(2)
(2) One property or a public water system no longer has the withdrawal capacity at the level requiring registration under
s. NR 856.11 when one of the following occurs:
NR 856.22(2)(a)
(a) For flowing sources, the connection between the source or sources and the water supply system is physically eliminated or reduced in size permanently to below the level requiring registration under
s. NR 856.11.
