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.
NR 856.22 Note
Note: Elimination of the physical connection may require filling of channels, filling and sealing of wells, removal of pipes or conduits, or re-routing flow around the water supply system or facility.
NR 856.22(2)(b)
(b) For pumped sources, the connection between the source or sources and the water supply system is physically eliminated or reduced in size to below the level requiring registration under
s. NR 856.11 and the pump or pumps are reduced in capacity to below the level requiring registration under
s. NR 856.11 or are removed from the system permanently.
NR 856.22 Note
Note: Elimination of the physical connection may require filling of channels, filling and sealing of wells, or removal of pipes or conduits.
NR 856.22(3)
(3) An owner shall terminate the registration in the manner prescribed by the department by the end of the calendar year of the calendar year in which the water supply system is no longer at the capacity requiring registration under
s. NR 856.11.
NR 856.22 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.30
NR 856.30 Measurement and reporting requirements. NR 856.30(1)(1) A person registered under this chapter shall determine the monthly volume of water withdrawn from the property or public water supply, or the monthly volume of water diverted, using methods and procedures set forth in
s. NR 856.31.
NR 856.30(2)
(2) A person registered under this chapter that makes a withdrawal that averages 100,000 gallons per day or more in any 30-day period, or diverts any amount of water, shall annually report to the department the monthly volumes of the withdrawal or diversion. Reports shall be submitted to the department in the manner prescribed by the department by March 1 of every year and shall contain all of the following information about the previous year's withdrawals:
NR 856.30(2)(a)
(a) Monthly volumes of withdrawal for each source on the property or in the public water supply and if applicable, the monthly volumes of diversion.
NR 856.30(2)(c)
(c) Method or methods used to measure the withdrawals or diversion.
NR 856.30(2)(d)
(d) A statement advising the department if the withdrawal was at a level greater than or equal to 1,000,000 gallons per day for 30 consecutive days.
NR 856.30(2)(e)
(e) Estimated or actual water loss from consumptive use. Water loss and consumptive use estimations and calculations shall follow the requirements of
ch. NR 142.
NR 856.30(2)(f)
(f) Method or methods used to determine water loss from consumptive use.
NR 856.30(3)
(3) Withdrawal information shall be made available to the department upon request.
NR 856.30(4)
(4) The owner shall maintain records of the withdrawal or diversion for a minimum of three years. Records include monthly volumes of withdrawal and, if applicable, diversion; methods used to measure or estimate the withdrawal or diversion; calibration records of meters; and any other pertinent documents necessary to calculate or estimate the withdrawal or diversion volume.
NR 856.30(5)
(5) When a property or portion of a property is transferred to another person, the previous owner shall provide copies of the records identified in
sub. (4) to the new owner of the property. The new owner is responsible for reporting all withdrawals that occurred during the calendar year as required in
sub. (2).
NR 856.30 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.31
NR 856.31 Measurement methods and frequency. NR 856.31(1)(1) Withdrawals shall be measured in accordance with the following methods:
NR 856.31(1)(a)
(a) Sources that flow or are pumped at a rate of 70 or more gallons per minute shall be measured using one of the following methods:
NR 856.31(1)(a)1.
1. Totalizing flow meter. Flow meters shall be read and documented at least once every month.
NR 856.31(1)(a)2.
2. Pump operation is timed with an hour meter and the pumping capacity is used to calculate total pumpage. The operation time and pumping capacity shall be documented for each period of use.
NR 856.31(1)(a)3.
3. Flow rate is measured using a weir. For sources with little or no flow rate variability, flow rate shall be measured on a daily basis for the first week and at a minimum of weekly thereafter. For sources with flow rate variability, flow rate shall be measured daily.
NR 856.31(1)(a)4.
4. Flow rate is measured by discharge from a horizontal pipe. Flow rate shall be measured on a daily basis for the first week and at a minimum of weekly thereafter.
NR 856.31(1)(a)5.
5. Alternative method and monitoring frequency that has been approved by the department.
NR 856.31(1)(b)
(b) Sources that flow or are pumped at a rate of less than 70 gallons per minute shall be measured using one of the following methods:
NR 856.31(1)(b)1.
1. Totalizing flow meter. Flow meters shall be read and documented at least once every month.
NR 856.31(1)(b)2.
2. Pump operation is timed with an hour meter and the pumping capacity is used to calculate total pumpage. The operation time and pumping capacity shall be documented for each period of use.
NR 856.31(1)(b)3.
3. Flow rate is measured using a weir. For sources with little or no flow rate variability, flow rate shall be measured on a daily basis for the first week and at a minimum of weekly thereafter. For sources with flow rate variability, flow rate shall be measured daily.
NR 856.31(1)(b)4.
4. Flow rate is measured by discharge from a horizontal pipe. Flow rate shall be measured on a daily basis for the first week and at a minimum of weekly thereafter.
NR 856.31(1)(b)5.
5. Estimate based upon time to fill a container of known volume. Flow rate shall be measured on a daily basis for the first week and at a minimum of weekly thereafter and if the flow is not continuous, hours of operation shall also be recorded.
NR 856.31(1)(b)6.
6. Alternative method and monitoring frequency that has been approved by the department.
