8. Comparison with Similar Rules in Adjacent States: As described below all the neighboring states have approaches that include elements in Wisconsin water supply service area plan statute. Iowa Michigan and Minnesota require the public water system to complete a planning process or assessment of their water supply system, while in Illinois water supply planning is done on a regional level with input from public water systems. The programs of all the neighboring states require an evaluation of the availability of water supply for the public water system in some form. Illinois and Minnesota specifically have planning programs that require municipal systems to provide water demand forecasts or trends, while Iowa requires a determination on the availability and adequacy of sources and Michigan require an analysis of water system needs for the future.
Illinois: A water supply planning program has been established and 5 of 10 planning regions have conducted and will continue to conduct regional planning activities in the state. These include the Northeastern Illinois Region, Rock River Region, Middle Illinois Region, East Central Region, and Kaskaskia River Region. The Illinois Department of Natural Resources will also work to set up the water supply planning programs for the remaining regions. The establishment of the water supply planning regions is based on population densities and establishment of priority watersheds in the state. The water supply plans include an evaluation of water use, water demand and future water demand projections through 2050. The water supply plans also evaluate future water supply options based on hydrogeology studies of the area, water conservation, and climate change through 2050.
Iowa: A Self-Assessment Manual is used to assess Iowa water system viability. The manual is a tool for public water systems to appraise their technical, managerial, and financial capability to provide water supply to their customers. The assessment includes determining the availability and adequacy of water supply sources; treatment requirements; infrastructure needs; operation and maintenance; management and administration; finances; and future planning.
Michigan: Publicly owned and operated community water suppliers that operate a waterworks system are required to submit a general plan that identifies water system needs for 5-year and 20-year planning periods by January 1, 2016. The general plan may include information about current reliability studies, annual pumpage reports, sample siting plan, water protection plan, water conservation and efficiency program, waterworks operation and maintenance programs, regional planning documents and relevant land use plans for the service area. Administrative rules require a public water supply system to conduct a hydrogeological study of the groundwater source to determine the availability of water and consideration of other hydrogeological conditions and water quality assessments. Administrative code also requires public water systems proposing use of a surface water supply to conduct an assessment of surface water sources including a determination of the availability of an adequate and dependable water supply source.
Minnesota: All public water supply systems that serve more than 1,000 people must submit a water supply plan every 10 years for approval. The water supply plans must include a description and evaluation of the water supply system that includes an analysis of water demand, water use trends, treatment and storage capacity, description of water sources, natural resource impacts, resource sustainability, proposed water sources, alternative capital improvement plan, emergency response procedures and a water conservation plan.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: To support the regulatory approach taken for this rule, the department used the legislative framework that details Wisconsin’s water supply service area plan program in s. 281.348, Wis. Stats. The department also relied on previous application and review processes associated with water supply service area plans since the statute went into effect (the cities of New Berlin, and Waukesha, and the Village of Somers). Department staff conducted interviews with local government units and regional planning commissions that have developed water supply service area plans to determine costs related to developing water supply service area plans as required under state statute. 10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The department anticipates no effect on small businesses as a result of this rule.
11. Effect on Small Business (initial regulatory flexibility analysis): This proposed rule has no economic impacts to small businesses.
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Chris Fuchsteiner – DG/5
Department of Natural Resources
101 S. Webster St.
PO Box 7921
Madison, WI 53703
(608) 266-9264
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 854 is created to read:
WATER SUPPLY SERVICE AREA PLANS
NR 854.01 Purpose. The purpose of this chapter is to establish procedures and requirements for the preparation of water supply service area plans in compliance with the requirements under s. 281.348, Stats. and to establish additional procedures and requirements to ensure that the requirements of ss. 281.343 and 281.346, Stats., are met when department approval of a water supply service area plan is required. NR 854.02 Applicability. (1) This chapter applies to any person who owns or operates a public water supply system that is required to prepare a water supply service area plan under s. NR 854.04. NR 854.03 Definitions. In this chapter:
(1) “Areawide water quality planning agency” means an agency designated by the governor to prepare an areawide water quality management plan under ch. NR 121. (2) “Consecutive water system” has the meaning specified under s. NR 809.04 (11). (3) “Cost-effectiveness analysis” has the meaning specified under s. 281.348 (1) (b), Stats. (4) “Department” means the department of natural resources.
(5) “Diversion” has the meaning specified under s. 281.346 (1) (h), Stats. (6) “Great Lakes basin” has the meaning specified under s. 281.348 (1) (c), Stats. (7) “Great Lakes basin boundary” means the watershed boundary of the Great Lakes basin derived from the Subbasin (8-digit) 4th level hydrologic units from the digital Watershed Boundary Dataset for the State of Wisconsin, consisting of geo-referenced digital data and associated attributes created in accordance with the "FGDC Proposal, Version 1.0 - Federal Standards For Delineation of Hydrologic Unit Boundaries 3/01/02.”
(8) “Great Lakes council” has the meaning specified under s. 281.348 (1) (cm), Stats. (9) “New or increased withdrawal” means a proposal for a new withdrawal or a proposal to increase the amount of a withdrawal over the permitted withdrawal amount that requires department approval under s. 281.346 (4g), (4s), or (5), Stats., for a water use general permit or individual permit. (11) “Peak daily withdrawal” means a public water supply system’s highest daily water withdrawal in a year.
(12) “Person” has the meaning specified under s. 281.346 (1) (nm), Stats. (13) “Planning period” means the period covered by the water supply service area plan.
(14) “Population” means the population of a specified area as shown by the last federal census or by any subsequent population estimate under s. 16.96, Stats. (15) “Projected growth area” means the area in which the public water supply system anticipates providing water to the public during the period covered by the water supply service area plan.
(16) “Projected water demand” means the total water demand forecasted in the public water supply system’s existing service area, the water supply system’s projected growth area over the planning period, and any water sold to consecutive water systems.
(17) “Public water supply” has the meaning specified under s. 281.348 (1) (d), Stats. (18) “Public water supply system” means water treated for human consumption distributed to the public through a physically connected system of treatment, storage, and distribution facilities that is all of the following:
(a) Distributed to the public serving a group of largely residential customers and that may also serve commercial, industrial, or public authority customers, and consecutive water systems.
(b) Owned by a city, village, county, town, town sanitary district, utility district, public inland lake and rehabilitation district, municipal water district, or a privately owned water utility serving any of these entities.
(19) (a) “Retail customer” means a person who purchases water directly from a public water supply system.
(b) “Retail customer” includes residential, commercial, industrial, and public authority parties who purchase water directly from a public water supply system.
(c) “Retail customer” does not include a consecutive water system.
(20) “Schematic” means a diagram that represents the elements of a public water supply system using general locations and graphic symbols rather than scaled maps.
(21) (a) “Source” means an individual location where water is withdrawn from groundwater or surface water.
(b) “Source” includes a well, spring, lake, river, or pond.
(22) “Straddling community” has the meaning specified under s. 281.346 (1) (t), Stats. (23) “Total resources costs” has the meaning specified under s. 281.348 (1) (e), Stats. (24) “Water supply service area” means an area in which the public water supply system provides water or may provide water to the public during the planning period covered by the water supply service area plan.
(25) “Water supply service area plan” or “plan” means a document developed in compliance with this chapter.
(26) “Water supply system” has the meaning specified under s. 281.346 (1) (wp), Stats. (27) “Waters of the state” has the meaning specified under s. 281.01 (18), Stats. (28) “Well” has the meaning specified under s. 281.34 (1) (h), Stats. (29) “Withdraw” has the meaning specified under s. 281.348 (1) (f), Stats. (30) “Withdrawal” has the meaning specified under s. 281.348 (1) (g), Stats. NR 854.04 Plan requirements (1) A person owning or operating a public water supply system that serves a population of 10,000 or more, and that withdraws water from the waters of the state, shall prepare a water supply service area plan on or before December 31, 2025.
(2) A person owning or operating a public water supply system that serves a population of 10,000 or more shall prepare and obtain department approval of a water supply service area plan before the department may grant approval for a new or increased withdrawal from the Great Lakes basin under s. 281.346 (4s) and (5), Stats. (3) A person owning or operating a public water supply system that requests a new or increased diversion of Great Lakes water under s. 281.346 (4), Stats., shall prepare and obtain department approval for a water supply service area plan before the department may grant approval of any new or increased diversion, regardless of the size of the population served by the public water supply system, unless the diversion proposal includes providing water to a straddling community that includes an electronics and information technology manufacturing zone designated under s. 238.396 (1m), Stats.. (4) After December 31, 2025, any person owning or operating a public water supply system that serves a population of less than 10,000 but the system projects to serve a population of 10,000 or more in the future shall prepare a water supply service area plan before the date when the public water supply system is projected to serve a population of 10,000 or more.
(5) A person owning or operating a public water supply system with a plan that does not require department approval shall review the plan every 5 years and update the plan as needed. A new plan shall be prepared on or before the expiration date of the plan.
(6) A person owning or operating a public water supply system that has an approved water supply service area plan shall submit an updated water supply service area plan to the department for approval at least 180 calendar days before the expiration of an approved water supply service area plan.
NR 854.05 Content of a water supply service area plan. A person required to prepare a plan under s. NR 854.04 shall prepare a plan that includes all of the following: (1) Establishment of planning period. The plan shall identify the planning period covered by the plan. The planning period shall be at least 10 years and no more than 20 years. The plan shall include an expiration date for the plan.
