Section NR 851.22 - Straddling community diversion review(1) Upon receipt of an application for a straddling community diversion, and at any time during its review, the department may request from the applicant additional information, documentation, and materials necessary to complete or review the application. When the department determines an application is complete, it shall follow the applicable public notice and participation requirements under subch. VII.(2) The department may issue a straddling community diversion approval if all of the following apply: (a) The proposal is properly characterized as a straddling community diversion based on the boundaries of the city, village, or town to which the water is being diverted in relation to the Great Lakes basin.(b) The applicant owns or operates a public water supply system.(c) The diverted water is solely for public water supply purposes in the straddling community.(d) The proposal is consistent with an approved water supply service area plan 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.(e) The amount of the diversion is reasonable for the purpose for which the diversion is proposed.(f) The Tier 3 water conservation plan meets the requirements under ch. NR 852.(g) The diversion area is entirely within a sewer service area or the applicant has another mechanism to return the water to the Great Lakes basin.(h) An amount of water equal to the amount of water withdrawn will be treated and returned to the Great Lakes basin, less an allowance for consumptive use.(i) No surface water or groundwater from outside the source watershed will be returned to the source watershed unless all of the following apply: 1. The returned water will be from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.2. 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.3. The diversion will maximize the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and will minimize the amount of water from outside of the Great Lakes basin that will be returned to the source watershed.(j) The applicant has obtained all applicable permits or approvals for the withdrawal and discharge of Great Lakes water under s. 30.12, 30.18, 281.15, 281.34, 281.41, or 283.31, Stats.(k) If the applicant is relying on another entity to withdraw or return the water, the entity withdrawing or returning the water has the capacity to withdraw or return the volume needed and has demonstrated support for the proposal in the form of a letter or resolution.(l) If the proposal is for a new withdrawal or increased withdrawal that would average 100,000 gallons or more per day in any 90-day period, the proposal meets the exception standard under subch V.(m) If the proposal would result in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period, all of the following findings apply: 1. The department conducted a technical review of the proposal.2. The department submitted the proposal to the regional body for review.3. The department considered the regional declaration of findings.(n) If a majority of the regional body request regional review of a regionally significant or potentially precedent-setting proposal, all of the following apply: 1. The department conducted a technical review of the proposal.2. The department submitted the proposal to the regional body for review.3. The department considered the regional declaration of findings.Wis. Admin. Code Department of Natural Resources NR 851.22
Adopted by, CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (2) (j) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024