Section NR 851.21 - Straddling community diversion application(1) A person seeking to begin a new or increased straddling community diversion shall contact the department prior to applying for a diversion.(2) A person seeking to begin a new or increased straddling community diversion shall submit an application to the department, including all of the following information: (a) The name, mailing address, telephone number, and email address of the applicant, and the name, mailing address, telephone number, and email address of the primary point of contact, if it differs from the applicant.(b) The name, mailing address, telephone number, and email address of any person, other than the applicant, that is involved in withdrawing water from or returning water to the Great Lakes basin. The person shall provide evidence in the form of a letter or resolution that the person supports the proposal, has the capacity to withdraw or return the water for the applicant, and is willing to negotiate a contract with the applicant.(c) Documentation that the proposed diversion will be used solely for public water supply purposes.(d) Information on valid contracts and border agreements related to water supply or wastewater, if applicable.(e) The source watershed and the waterbody from which the water will be diverted. The applicant shall specify if the source is surface water, including the name of the waterbody, or groundwater including the aquifer name.(f) The requested diversion volume expressed in millions of gallons per day, averaged over each calendar year.(g) The requested diversion volume for the projected peak 30-day period, and projected peak 90-day period, during a calendar year.(h) The estimated consumptive use associated with the proposal, in any 90-day period.(i) Documentation that the proposed diversion quantity is reasonable for the purpose for which the diversion is proposed.(j) A statement of whether the proposed diversion will be continuous, temporary, or seasonal.(k) The location of the point of measurement and the technical method that will be used for measuring the diversion volume.(l) An approved water supply service area plan developed and approved under ch. NR 854, or a water supply service area plan that is being submitted simultaneously with the diversion application for department review and approval under ch. NR 854, unless the proposal is to provide water to a straddling community that includes an electronics and information technology manufacturing zone designated under s. 238.396 (1m), Stats.(m) Maps of the area that include the approved or proposed water supply service area, the proposed area to be served diverted water, the sewer service area, and the location where the water will be returned to the Great Lakes basin.(n) A list of all required department approvals or permits related to the diversion, including any approval or permits issued under s. 30.12, 30.18, 281.15, 281.34, 281.41, or 283.31, Stats., and the status of each application for the approval or permit at the time the list is submitted to the department.(o) A Tier 3 water conservation plan developed in compliance with ch. NR 852.(p) Information to demonstrate all of the following related to return flow:1. The amount of water to be returned to the source watershed in gallons per day.2. If surface water or groundwater from outside the basin will be returned to the source basin, that the returned water will be from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.3. If surface water or groundwater from outside the basin will be returned to the source basin, that the returned water will be treated to meet applicable permit requirements under s. 283.31, Stats., and to prevent the introduction of invasive species into the Great Lakes basin.4. If surface water or groundwater from outside the basin will be returned to the source basin, strategies to reduce or minimize Mississippi River basin water in return flow to the Great Lakes basin.(q) Information about the potential impacts of the diversion on the waters of the Great Lakes basin and water-dependent natural resources. This information shall include the ratio of the amount diverted to the total volume of the waterbody from which the water is being diverted as a percentage.(r) Information regarding any other diversion applications or existing approved diversions the applicant has submitted or received.(3) If the proposed diversion would result from a new withdrawal or an increase in a withdrawal that would average 100,000 gallons or more per day in any 90-day period, in addition to sub. (2), the applicant shall submit application materials related to the exception standard under subch. V.(4) If the proposed diversion results in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period, in addition to sub. (2), the applicant shall submit all of the following: (a) A description of the anticipated effects, if any, the proposed diversion and the construction of pipelines for the purpose of diverting water or returning water will have on existing uses of water resources and related land uses in the Great Lakes basin, including effects on all of the following:1. Public and potable water supplies.2. Other use sectors including industrial or commercial water use, commercial navigation use, thermoelectric power production, and agricultural water use.3. Fish and wildlife, including impacts on wetlands, fish spawning areas, and threatened and endangered species.4. Recreation, tourism, and scenic beauty.(b) An analysis of the hydrologic setting for the source waterbody and the waterbody receiving the return flow, including consideration of groundwater, surface water, the connection between groundwater and surface water, and the general characteristics of the water bodies such as water availability, water quality, and habitat.(c) A description of any land acquisitions, equipment, or the relocation or re-siting of any water supply or wastewater facility, right-of-way, or structure that will be required.(d) A statement, with supporting materials, as to whether the diversion complies with all applicable plans developed under ch. 281 or s. 283.83, Stats.Wis. Admin. Code Department of Natural Resources NR 851.21
Adopted by, CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (2) (a) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024