Iowa: Iowa is not party to the Great Lakes Compact. Diversions of water outside of Iowa are reviewed under the same process as withdrawal applications. Iowa’s administrative rules identify the fees for application, the information required in the application, the review process for applications, the public notice requirements, the decision requirements, and the appeals process for a decision. Iowa’s rules also specify the criteria for authorizing a diversion, the duration of permits, monitoring and reporting requirements, modifications, designated protected flow streams, water conservation requirements, and priority allocation restrictions. The authority and process for when and how Iowa reviews water diversion applications is outlined in Code at: https://www.legis.iowa.gov/docs/code/455B.265.pdf. The details on how the code is implemented are included in the following chapters: https://www.legis.iowa.gov/docs/iac/chapter/03-08-2023.567.50.pdf and https://www.legis.iowa.gov/docs/iac/chapter/03-08-2023.567.52.pdf.
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 the Compact and Wisconsin’s diversion program in ss. 281.343 and 281.346, Wis. Stats. The department also relied on previous application and review processes associated with diversion and intrabasin transfers since the Compact was ratified (the cities of New Berlin, Racine, and Waukesha, the Village of Somers, and Enbridge). Department staff interviewed municipalities or consultants that engaged in the process to see how the department could build in consistency and efficiency through this rule. 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:
Nicole Clayton – DG/5
Department of Natural Resources
101 S. Webster St.
PO Box 7921
Madison, WI 53703
(608) 266-9254
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 851 is created to read:
Management of Great Lakes Diversions
Subchapter I
Purpose, Definitions, and General Provisions
NR 851.10 Purpose. The purpose of this chapter is to establish an application process, requirements, and department review procedures related to diversions and intrabasin transfers of Great Lakes’ water, in compliance with ss. 281.343 and 281.346, Stats., and consistent with the requirements of the Great Lakes – St. Lawrence River Basin Water Resources Compact. NR 851.11 Definitions. In this chapter:
(1)
“Applicant” means a person who submits an application for a diversion approval or intrabasin transfer approval.
(2)
“Community within a straddling county” has the meaning specified under s. 281.346 (1)), Stats. Note: Section 281.346 (1) (d), Stats., reads as follows: “Community within a straddling county” means any city, village, or town that is not a straddling community and that is located outside the Great Lakes basin but wholly within a county that lies partly within the Great Lakes basin. (3) “Consumptive use” has the meaning specified under s. 281.346 (1) (e), Stats. Note: Section 281.346 (1) (e), Stats., reads as follows: “Consumptive use” means 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. (3) “Department” means the department of natural resources.
(4) “Diversion” has the meaning specified under s. 281.346 (1) (h), Stats. Note: s. 281.346 (1) (h), Stats., reads as follows: “Diversion” means 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: 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 the watershed.
2. The transmission of water within a line that extends outside of the Great Lakes basin as it conveys water from one point to another within the Great Lakes basin if no water is used outside of the Great Lakes basin.
3. The transfer of bottled water from the Great Lakes basin in containers of 5.7 gallons or less.
(5) “Great Lakes basin” means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec, within the jurisdiction of the parties. The boundary of the Great Lakes basin is 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.”
(6) “Great Lakes council” has the meaning specified under s. 281.346 (1) (jj), Stats. Note: Section 281.346 (1) (jj), Stats., reads as follows: “Great Lakes council” means the Great Lakes-St. Lawrence River Basin Water Resources Council, created under s. 281.343 (2) (a). Note: The Great Lakes council is comprised of the Great Lake Governors, or their designees, who consult and coordinate with the Premiers of Ontario, Quebec, and the Great-Lakes St. Lawrence River Water Resources Regional Body to protect the Great Lakes and St. Lawrence River.
(7) “Intrabasin transfer” has the meaning specified under s. 281.346 (1) (jm), Stats. Note: Section 281.346 (1) (jm), Stats., reads as follows: “Intrabasin transfer” means the transfer of water from the watershed of one of the Great Lakes into the watershed of another of the Great Lakes. (8) “Person” has the meaning specified under s. 281.346 (1) (nm), Stats. Note: Section 281.346 (1) (nm), Stats., reads as follows: Notwithstanding s. 281.01 (9), “Person” means an individual or other entity, including a government or 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. (9) “Preexisting diversion” means a diversion of water from the Great Lakes basin into a watershed outside of the Great Lakes basin that existed prior to the ratification of the Great Lakes Compact on December 8, 2008, and received an approval from the department under s. 281.344 (3m) or (4), Stats. (10) “Proposal” means a request for a new or increased diversion of Great Lakes water.
(11) “Public water supply” has the meaning specified under s. 281.346 (1) (pm), Stats. Note: Section 281.346 (1) (pm), Stats., reads as follows: “Public water supply means 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. (12) “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.
(13) “Reasonable water supply alternative” means a water alternative that, when compared to the proposed diversion, is similar in cost, is similarly environmentally sustainable, is similarly protective of public health, and does not have greater adverse environmental impacts.
(14) “Regional body” has the meaning specified under s. 281.346 (1) (q), Stats. Note: Section 281.346 (1) (q), Stats., reads as follows “Regional body” means the body consisting of the governors of the parties and the premiers of Ontario and Quebec, Canada, or their designees as established by the Great Lakes – St. Lawrence River Basin Sustainable Water Resources Agreement. (15) “Sewer service area” has the meaning specified under s. NR 110.03 (29t). Note: Section NR 110.03 (29t) reads as follows: NR 110.03 (29t) “Sewer service area” means that area served or anticipated to be served by a sewage collection system. (16) “Source watershed” has the meaning specified under s. 281.346 (1) (r), Stats. Note: Section 281.346 (1) (r), Stats., reads as follows: “Source watershed" means the watershed from which a withdrawal originates. If water is withdrawn directly from a Great Lake or from the St. Lawrence River, then the source watershed is the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If water is withdrawn from the watershed of a stream that is a direct tributary to a Great Lake or a direct tributary to the St. Lawrence River, then the source watershed is the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. (17) “Straddling community” has the meaning specified under s. 281.346 (1) (t), Stats. Note: Section 281.346 (1) (t), Stats., reads as follows: “Straddling community” means any city, village, or town that, based on its boundary existing as of the compact’s effective date [December 8, 2008], is partly within the Great Lakes basin or partly within the watersheds of 2 of the Great Lakes and that is wholly within any county that lies partly or completely within the Great Lakes basin. (18) (a) “Straddling county” has the meaning specified under s. 281.346 (1) (tm), Stats. (b) A county’s boundaries as of December 13, 2005, shall be used to determine whether the county.
Note: Section 281.346 (1) (tm), Stats., reads as follows “Straddling county” means a county that lies partly within the Great Lakes basin. (19) “Technical review” has the meaning specified under s. 281.346 (1) (u), Stats. Note: Section 281.346 (1) (u), Stats., reads as follows: “Technical review” means a thorough analysis and evaluation conducted to determine whether a proposal that is subject to regional review under this section meets the criteria for approval under [s. 281.346 (4), (5), or (6), Stats]. (20) “Water loss” has the meaning specified under s. 281.346 (1) (wm), Stats. Note: Section 281.346 (1) (wm), Stats., reads as follows: “Water loss” means 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. (21) (a) “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 20-year planning period covered by the water supply service area plan.
(22) “Water supply service area plan” means a document developed in compliance with s. 281.348, Stats., and ch. NR 854. (23) “Water supply system” has the meaning specified under s. 281.346 (1) (wp), Stats. Note: Section 281.346 (1) (wp), Stats., reads as follows: “Water supply system,” when not preceded by “public,” means one of the following: 1. Except as provided under 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.”
(24) “Waters of the state” has the meaning specified under s. 281.01 (18), Stats. Note: Section 281.01 (18), Stats., reads as follows: “Waters of the state” includes 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. (25) “Withdraw” has the meaning specified under s. 281.346 (1) (y), Stats. Note: Section 281.346 (1) (y), Stats., reads as follows: “Withdraw” means to take water from surface water or groundwater. (26) “Withdrawal” has the meaning specified under s. 281.346 (1) (z), Stats. Note: Section 281.346 (1) (z), Stats., reads as follows: “Withdrawal” means 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 851.12 Prohibitions. No person may begin a new diversion or increase the amount of a diversion or preexisting diversion over the amount specified in an approval, except as authorized under s. 281.346 (4) (c), (d), or (e), Stats., and this chapter. NR 851.13 Responsibility of owners or operators. (1) The person who owns or operates the water supply system is responsible for obtaining, amending, terminating, and complying with the terms and conditions within a preexisting diversion approval, diversion approval, or intrabasin transfer approval.
