Register February 2017 No. 734
Chapter NR 860
WATER use PERMITting
Subchapter I — General Provisions
NR 860.10   Purpose.
NR 860.11   Definitions.
NR 860.12   Responsible Parties and Eligible Permittees.
NR 860.13   Interim Approvals.
NR 860.14   Open Records Requests.
NR 860.15   Required Permit Conditions.
NR 860.16   Amendments and Transfers.
NR 860.17   Terminations.
NR 860.18   Enforcement.
Subchapter II — General Water Use Permits
NR 860.20   Applicability.
NR 860.21   General Water Use Permits.
NR 860.22   Application and Review Process for Notice of Coverage.
NR 860.23   Notice of Coverage Decisions.
NR 860.24   Modifications to the Withdrawal Amount — Notice of Coverage.
NR 860.25   Redetermination of Coverage.
Subchapter III — Individual Water Use Permits
NR 860.30   Applicability.
NR 860.31   Application and Review Process for Individual Water Use Permits.
NR 860.32   Individual Water Use Permit Decisions.
NR 860.33   Modifications to the Withdrawal Amount — Individual Water Use Permits.
NR 860.34   Individual Water Use Permit Reissuance.
Subchapter IV — Public Participation
NR 860.40   Applicability.
NR 860.41   Public Notice and Comment.
NR 860.42   Public Hearings.
subch. I of ch. NR 860 Subchapter I — General Provisions
NR 860.10 NR 860.10 Purpose. The purpose of this chapter is to implement s. 281.346 (4m), (4s), (5), (5m), (6), and (9), Stats. This chapter establishes the process, requirements, and criteria for water use permitting.
NR 860.10 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.
NR 860.11 NR 860.11 Definitions. In this chapter:
NR 860.11(1) (1) “Baseline" means the amount of a preexisting withdrawal, as determined by the department under s. 281.346 (4e), Stats.
NR 860.11(2) (2) “Consumptive use" has the meaning specified in s. 281.346 (1) (e), Stats.
NR 860.11 Note Note: Section 281.346 (1) (e), Stats., defines “consumptive use" to mean “a use of water that results in the loss of or failure to return some or all of the water to the basin from which the water is withdrawn due to evaporation, incorporation into products, or other processes."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 860.11(3) (3) “Days" means calendar days unless otherwise specified.
NR 860.11(4) (4) “Department" means the department of natural resources.
NR 860.11(5) (5) “Great Lakes basin" has the meaning specified in s. 281.346 (1) (je), Stats.
NR 860.11 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 860.11(6) (6) “One property" has the meaning specified in s. NR 812.07 (68).
NR 860.11 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 860.11(7) (7) “Owner," for water supply systems other than public water supply, 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, “owner" means a person who owns the public water supply or designated representative of such a person.
NR 860.11(8) (8) “Permittee" means an owner that is issued a permit.
NR 860.11(9) (9) “Person" has the meaning specified in s. 281.346 (1) (nm), Stats.
NR 860.11 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 860.11(10) (10) “Preexisting withdrawal" means a withdrawal that started prior to December 8, 2008.
NR 860.11(11) (11) “Property" has the same meaning as “one property," as specified in sub. (6).
NR 860.11(12) (12) “Public water supply" has the meaning specified in s. 281.346 (1) (pm), Stats.
NR 860.11 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 860.11(13) (13) “Significant adverse environmental impact" means alteration of groundwater levels, groundwater discharge, surface water levels, surface water discharge, groundwater temperature, surface water temperature, groundwater chemistry, surface water chemistry, or other factors to the extent such alterations cause significant degradation of environmental quality including biological and ecological aspects of the affected water resource.
NR 860.11(14) (14) “Source" means an individual location where water is withdrawn from groundwater or surface water, such as a well or surface water intake.
NR 860.11(15) (15) “Water loss" has the meaning specified in s. 281.346 (1) (wm), Stats.
NR 860.11 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 860.11(16) (16) “Water supply system," has the meaning specified in s. 281.346 (1) (wp), Stats.
NR 860.11 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 860.11 Note Note: The water supply system includes all points of intake of water into a water supply system.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.