NR 860.31(3)(a)13.a.
a. An assessment of the potential impacts of the withdrawal on the waters of the state and water dependent natural resources including wetlands. The department may require modeling to document the anticipated hydrologic impacts of the proposed withdrawal and any return flow or may require a water quality evaluation to determine if the withdrawal or return flow will meet established water quality standards, or may require both.
NR 860.31(3)(a)13.c.
c. Documentation of compliance with all applicable local, state, and federal laws, rules, and regulations, and interstate and international agreements, including the Boundary Waters Treaty of 1909.
NR 860.31(3)(a)13.d.
d. An analysis of the efficiency of the proposed water use, and if there is an expected increase in water loss, an analysis of the efficiency of the use of existing water supplies. The analysis shall include a comparison of the proposed water use intensity with the water use intensity of similar facilities or operations. The analysis may include information from the water conservation plan prepared in compliance with
s. NR 852.07.
NR 860.31 Note
Note: The water conservation plan contains a description and quantification of current water use and reuse as identified by a water use audit, a calculation of water use intensity, a description of the water conservation and water use efficiency goals, documentation of the implementation of conservation and efficiency measures, and a monitoring plan.
NR 860.31(3)(a)13.e.
e. An analysis of the impacts of the withdrawal over the next ten years on economic development, social development, and environmental protection taking into consideration other existing and planned withdrawals from the same source. The analysis shall include the impact of the withdrawal on the quantity and quality of the water supply for existing withdrawers and the quantity and quality of the water supply for future users, the economic impact of the water use including the number of individuals that will be employed and potential tax revenues, the social impact of the project on people living in the area of the withdrawal including access to jobs, and whether or not the withdrawal is capable of being maintained at a steady level without exhausting natural resources or causing significant adverse environmental impact.
NR 860.31(3)(a)13.f.
f. The supply potential of the water source including quality, quantity, and reliability taking into consideration interconnected water sources and water dependent natural resources.
NR 860.31(3)(a)13.g.
g. A description of mitigation measures that will be implemented to prevent or eliminate significant impacts.
NR 860.31(3)(b)
(b) If the application does not include the information required in
par. (a), it may be deemed incomplete. Within 30 days of receipt, the department shall notify the applicant in writing that the application is incomplete and shall notify the applicant of the information that shall be submitted in order for the application to be complete.
NR 860.31(3)(c)
(c) The department may dismiss an application if the information needed to complete the application is not received within 30 days after the department notifies an applicant that its application is incomplete.
NR 860.31(3)(d)
(d) If the proposed withdrawal requires prior notice or regional review by the provinces of Ontario and Quebec, Canada and the states that are a party to the Great Lakes — St. Lawrence River Basin Water Resources Compact under s.
281.346 (5) (L), Stats., or s.
281.346 (5) (m), Stats., the department shall forward the application to the appropriate parties for review within 60 days after the end of the public comment period under subch.
IV.
NR 860.31(3)(e)
(e) The department shall determine if the withdrawal meets the standards for an individual permit and issue a permit or disapprove the application within the following timeframes:
NR 860.31(3)(e)1.
1. For individual permits that do not require public participation under
s. NR 860.40, within 60 days of receipt of a complete application.
NR 860.31(3)(e)2.
2. For individual permits that require public participation under
s. NR 860.40, within 60 days after the end of the public comment period.
NR 860.31(3)(f)
(f) If the department determines that a withdrawal does not meet the requirements under
s. NR 860.32 and s.
281.346 (5), Stats., for the issuance of an individual permit, the department shall disapprove the application in writing and state the reasons for the disapproval.
NR 860.31(3)(g)
(g) The department may investigate or visit a property and facility to determine whether a withdrawal meets the standards for an individual permit.
NR 860.31 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.31 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11; (title) created in (1) under s.
13.92 (4) (b) 2., Stats.,
Register September 2011 No. 669.
NR 860.32
NR 860.32 Individual Water Use Permit Decisions. NR 860.32(1)(1) The department shall issue an individual water use permit under
s. NR 860.31 (3), only when all of the following have been completed:
NR 860.32 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.32(1)(b)
(b) Public participation has been completed following the procedures in subch.
IV, if applicable.
NR 860.32(1)(d)
(d) The department determines that the withdrawal meets the state decision-making standard under s.
281.346 (5m), Stats., or the compact decision-making standard under s.
281.346 (6), Stats., if applicable.
NR 860.32(1)(e)
(e) The applicant receives department approval of a water conservation plan under
ch. NR 852, if applicable.
NR 860.32(1)(f)
(f) The applicant has complied with an approved water supply service area plan under s.
281.348, Stats., if applicable.
NR 860.32(2)
(2) All individual water use permits shall contain the permit conditions in
s. NR 860.15 and additional permit conditions that may be required that include any of the following:
NR 860.32(2)(a)
(a) Requirements for estimating, and if necessary, monitoring substantial increases in water loss resulting from increases in withdrawal amounts and reporting the results to the department.
NR 860.32(2)(b)
(b) Limitations on the location and dates or seasons of the withdrawal.
NR 860.32(2)(d)
(d) Limits on the amount of the withdrawal necessary to ensure compliance with the decision-making standard under s.
281.346 (5m) or
(6), Stats.
NR 860.32(2)(e)
(e) If the owner also has an approved diversion under s.
281.346 (4), Stats., the conditions of that diversion approval.
NR 860.32(2)(g)
(g) If the withdrawal is from a surface water body tributary to one of the Great Lakes and would result in a water loss of more than 95 percent of the amount of water withdrawn, conditions that ensure the withdrawal does not cause significant adverse environmental impact.
NR 860.32(3)
(3) The department shall specify a withdrawal amount for each individual water use permit. The department shall also specify a baseline for each automatically issued individual water use permit under
s. NR 860.31 (2). The withdrawal amount and baseline shall be determined by following the procedures in s.
281.346, Stats. The withdrawal amount for an automatically issued individual permit shall not be less than the baseline unless specifically requested by the owner.
NR 860.32(4)
(4) The department may, after an opportunity for a hearing conducted following the procedures under
s. NR 860.42, modify an individual permit to ensure compliance with the state or compact decision-making standard, if applicable.
NR 860.32(5)
(5) The department may suspend or revoke an individual water use permit for cause including obtaining the permit by misrepresentation or failure to disclose material facts or substantially violating the terms of the permit.
NR 860.32 Note
Note: An applicant or permit holder may challenge a modification, suspension or revocation in whole or part of an individual permit following the requirements under s.
281.93, Stats.
NR 860.32 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.33
NR 860.33 Modifications to the Withdrawal Amount — Individual Water Use Permits. NR 860.33(1)
(1) If a permittee proposes to increase the amount of a withdrawal over the established withdrawal amount in the individual permit, the permittee shall apply to the department using the method prescribed by the department for a modification of the permit and submit any missing or outdated information required under
s. NR 860.31 (3) (a).
NR 860.33 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.33(2)
(2) The department shall review the application following the requirements of
s. NR 860.31 (3) and approve the modification if the increased withdrawal meets the requirements of
s. NR 860.32 (1).
NR 860.33 Note
Note: Department review of a proposed modification may require compliance with the state decision-making standard under s.
281.346 (5m), Stats., or the compact decision-making standard under s.
281.346 (6), Stats.
NR 860.33(3)
(3) If the department determines that the requested modification does not meet the requirements of
s. NR 860.32 (1), the department shall disapprove the application in writing and state the reasons for the disapproval.
NR 860.33(4)
(4) The department shall keep records in a database of all approved modifications to withdrawal amounts.
NR 860.33 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.34
NR 860.34 Individual Water Use Permit Reissuance. NR 860.34(1)(1) Individual water use permits expire 10 years from the date of department issuance.
NR 860.34(2)
(2) The department shall send notification to owners at least 365 days prior to the expiration of the permit that the individual permit will expire and that reissuance of the permit is required. The department shall send notification to owners using the most economical communication tool available and the most recent contact information submitted by the owner.
NR 860.34 Note
Note: The most economical communication tool used by the department on October 1, 2011 is email.
NR 860.34(3)
(3) Permittees that intend to continue to withdraw at least 1,000,000 gallons of water per day for any 30 consecutive days shall apply to the department using the method prescribed by the department for reissuance of a permit at least 180 days before the expiration of the permit. The application shall include an update to the information originally submitted to the department for a permit. The failure of an owner to apply for reissuance at least 180 days prior to the expiration of the individual permit shall not result in the loss of an established baseline or specified withdrawal amount.
NR 860.34 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.34(4)
(4) If the permittee applying for a reissuance is in substantial compliance with the current permit, the department has completed the applicable public participation requirements under subch.
IV, and the withdrawal meets the requirements under
s. NR 860.32 (1) and s.
281.346 (5) (j), Stats., the department shall issue a new permit.
NR 860.34 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.40(1)
(1) The public participation requirements outlined in this subchapter apply to all of the following:
NR 860.40(1)(a)
(a) Individual water use permits under s.
281.346 (5), Stats., that require the applicant to meet the state decision-making standard under s.
281.346 (5m), Stats., or compact decision-making standard under s.
281.346 (6), Stats., except for a public water supply that has an approved water supply service area plan under s.
281.348, Stats.
NR 860.40 Note
Note: Public participation is only required for the department issuance of the general permit itself. The issuance of notice of coverage under a general permit to a withdrawer does not require public participation.
NR 860.40(2)
(2) The department shall not issue a decision regarding a permit covered under
sub. (1) until the requirements of this subchapter have been met.
NR 860.40 History
History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11. NR 860.41
NR 860.41 Public Notice and Comment. NR 860.41(1)
(1) The department shall draft and provide a public notice regarding each general permit proposed by the department and each individual permit application under
s. NR 860.40 (1). The public notice shall allow 30 days for public comment. For individual water use permit applications specified in
s. NR 860.40 (1), the notice shall be provided within 90 days of the department receiving a complete application. For general permits, the department shall provide, publish, and deliver the public notice when a draft general permit has been completed.
NR 860.41(2)
(2) The public notice shall comply with all of the following:
NR 860.41(2)(a)
(a) Be published by the applicant as a class 1 notice under
ch. 985, Stats., in the counties where water from the withdrawal will be used and in counties within five miles of the location of the withdrawal. For actions involving individual water use permits, the applicant shall provide proof of publication of the notice in the form of an affidavit from the newspaper certifying publication and documenting the date of publication.
NR 860.41 Note
Note: The department is responsible for publishing the required notice for general permits.
NR 860.41(2)(b)
(b) Be delivered by the department or applicant to any person, group, local governmental unit, or state agency upon request. The applicant for an individual water use permit shall provide proof of delivery in the form of an affidavit or documentation from the delivery method or person.
NR 860.41(2)(c)
(c) Be delivered by the department or applicant to persons or groups on a formal department water use permit application mailing list. The applicant for an individual water use permit shall provide proof of delivery in the form of an affidavit or documentation from the delivery method or person.
NR 860.41(3)
(3) The public notice shall include all of the following information:
NR 860.41(3)(a)
(a) For individual water use permits, the name and address of each applicant.
NR 860.41(3)(b)
(b) For individual water use permits, a brief description of the proposal for which the application is made, including the amount of the proposed withdrawal and the amount of any water loss from consumptive use.
NR 860.41(3)(c)
(c) For general permits, a description of the types of withdrawals and the waters of the state or areas of the state covered by the general permit.
NR 860.41(3)(d)
(d) A brief description of the procedures to be used to formulate a final determination on the proposed action, including the 30-day period for public comment and the 30-day period for requesting a public hearing.
NR 860.41(3)(e)
(e) The process, location, and timeframes to obtain additional information, submit written comments, or request a public hearing.
NR 860.41(4)
(4) The public comment period is 30 days starting on the date the notice is published.
NR 860.41(5)
(5) Any person may submit written comments. All comments shall be submitted to the department at the address specified in the public notice by the end of the 30-day public comment period. Comments are submitted on the date they are postmarked using U.S. mail or on the date they are delivered to the address specified in the public notice.
NR 860.41(6)
(6) All comments shall address facts relevant to whether the proposed withdrawal complies with the applicable legal standards.
NR 860.41(7)
(7) The department shall retain all written comments submitted during the 30-day comment period and shall consider the comments in making its decisions on the application.
NR 860.41 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.42(1)
(1) Any interested person or group of persons, any affected local unit of government, or any state agency, may request a public hearing regarding a permit covered under
s. NR 860.40 (1).
NR 860.42(2)
(2) Requests for a public hearing under this section shall comply with all of the following:
NR 860.42(2)(a)
(a) Be in writing and dated and include the applicant name or number of the proposed permit or application.
