NR 856.10
NR 856.10 Purpose. The purpose of this chapter is to implement s.
281.346 (3), Stats., by establishing requirements for registering water withdrawals and collecting and reporting of accurate water withdrawal data to support management of the state's water resources.
NR 856.10 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.11(1)
(1) Unless exempted under
sub. (2), this chapter applies to the following persons regardless of whether the activity is permitted, approved, or otherwise authorized under other regulatory authority of the department:
NR 856.11(1)(a)
(a) Any person who proposes to begin a withdrawal from the waters of the state using a water supply system or systems on one property, or a public water supply, with the capacity to withdraw an amount averaging 100,000 gallons per day or more in any 30-day period.
NR 856.11(1)(b)
(b) Any person who proposes to increase the capacity of a water supply system or systems on one property, or a pubic water supply, so that it will have the capacity to withdraw an amount averaging 100,000 gallons per day or more in any 30-day period.
NR 856.11(1)(c)
(c) Any person who on July 1, 2009, had a water supply system or systems on one property or a public water supply with the capacity to withdraw from the waters of the state an amount averaging 100,000 gallons per day or more in any 30-day period.
NR 856.11(1)(d)
(d) Any person who proposes to begin a diversion on or after December 8, 2008, or who had a diversion on December 8, 2008.
NR 856.11(2)
(2) This chapter does not apply to withdrawals for any of the following purposes:
NR 856.11(2)(a)
(a) To supply vehicles, including vessels and aircraft, for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.
NR 856.11(2)(b)
(b) To use in a noncommercial project that lasts no more than three months for fire fighting, humanitarian, or emergency response purposes.
NR 856.11 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.12
NR 856.12 Definitions. In this chapter:
NR 856.12 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of water that results in the loss of or failure to return some or all of the water to the basin from which the water is withdrawn due to evaporation, incorporation into products, or other processes."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 856.12(2)
(2) “Continuous water use" means a water use that is intended to be uninterrupted through time except for short periods such as for maintenance and because of power outages.
NR 856.12(3)
(3) “Department" means the department of natural resources.
NR 856.12 Note
Note: Section
281.346 (1) (h), Stats., defines “diversion" to mean “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 that watershed. 2. The transmission of water within a line that extends outside the Great Lakes basin as it conveys water from one point to another within the Great Lakes basin if no water is used outside the Great Lakes basin. 3. The transfer of bottled water from the Great Lakes basin in containers of 5.7 gallons or less."
NR 856.12 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 856.12(6)
(6) “Intermittent water use" means a water use that starts and stops irregularly or regularly through time.
NR 856.12 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 856.12(8)
(8) “Owner," for water supply systems other than public water supply systems, 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 systems, owner means a person who owns the public water supply or designated representative of such a person.
NR 856.12 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 856.12(10)
(10) “Property" has the same meaning as “one property," as specified in
sub. (7).
NR 856.12 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 856.12(12)
(12) “Source" means an individual location where water is withdrawn from groundwater or surface water, such as a well or surface water intake.
NR 856.12 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 856.12 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 856.12 Note
Note: The water supply system includes all points of intake of water into a water supply system.
NR 856.12 Note
Note: Section
281.01 (18), Stats., defines “waters of the state" to include “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."
NR 856.12 Note
Note: Section
281.34 (1) (h), Stats., defines “well" to mean “any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater."
NR 856.12 Note
Note: Section
281.346 (1) (y), Stats., defines “withdraw" to mean “to take water from surface water or groundwater."
NR 856.12 Note
Note: Section
281.346 (1) (z), Stats., defines “withdrawal" to mean “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 856.12 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.13
NR 856.13 Determining withdrawal capacity. NR 856.13(1)(1) The withdrawal capacity for a property is the total capacity in gallons per day from all water sources on the property.
NR 856.13 Note
Note: The withdrawal capacity may not necessarily be the same as the approved maximum daily withdrawal set forth by another department approval or permit, such as a high capacity well approval or a permit issued under s.
30.18, Stats.
NR 856.13(2)
(2) The withdrawal capacity for a public water supply is the total capacity from all water sources in the system.
NR 856.13(3)
(3) The capacity of individual water sources shall be one of the following:
NR 856.13(3)(b)
(b) For pumped sources, the maximum hydraulic capacity of the most restrictive component of the water supply system. If the most restrictive component is a pump, the maximum capacity is determined based on the pump curve at the lowest system pressure setting.
NR 856.13 History
History: CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11. NR 856.14
NR 856.14 Responsible parties. The person responsible for registering, reporting, amending, or terminating registrations as required under this chapter is one of the following:
NR 856.14(1)
(1) For water supply systems, the owner of the property on which the water supply system is located.
NR 856.14(2)
(2) For public water supply systems, the owner of the public water supply system.
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.
