Section NR 851.31 - Intrabasin transfer application(1) A person seeking to begin a new or increased intrabasin transfer shall contact the department prior to applying for an intrabasin transfer.(2) A person seeking to begin a new or increased intrabasin transfer 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 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a contract with the applicant.(c) A description of the intrabasin transfer and map of the area where water will be withdrawn and transferred.(d) The purpose of the intrabasin transfer and whether the transfer will be continuous, temporary, or seasonal. If the intrabasin transfer is for multiple purposes, indicate the percentage for each water use sector.(e) The source watershed and the waterbody from which the water will be transferred, specifying if the source is surface water, including the name of the waterbody, or groundwater, including the aquifer name.(f) The expected daily average volume of the intrabasin transfer and, if temporary in use, the total volume of the intrabasin transfer.(g) The maximum intrabasin transfer volume over any 90-day period and associated water loss expressed in millions of gallons per day.(h) Documentation that the proposed intrabasin transfer quantity is reasonable for the purpose for which the interbasin transfer is proposed.(i) The location of the point of measurement and the technical method that will be used for measuring the intrabasin transfer.(j) If the intrabasin transfer will be used for public water supply purposes, documentation that the intrabasin transfer will be used for public water supply purposes and a water supply service area plan has been approved under ch. NR 854 or a water supply service area plan is being submitted simultaneously with the application under this section for review and approval under ch. NR 854.(k) The location and watershed where the water will be returned to the Great Lakes basin.(l) A description of how and when the water will be returned to the Great Lakes basin and the amount of water to be returned in gallons per day.(m) Information about the potential impacts of the intrabasin transfer on the waters of the Great Lakes basin and water-dependent natural resources, including the ratio of the amount diverted to the total volume of the waterbody from which the water is being diverted as a percentage.(n) A list of all required department approvals or permits related to the diversion, including any applicable 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 regarding any other intrabasin transfer applications or approvals the applicant has submitted or received.(q) If the applicant proposes a new or increased intrabasin transfer that would average more than 100,000 gallons per day in any 90-day period, the applicant shall submit all of the following:1. Materials related to the exception standard under subch. V.2. An analysis of the feasibility of water supply alternatives within the watershed, including costs and environmental impacts.(r) If the applicant proposes a new or increased intrabasin transfer with a new water loss or increase in water loss that averages 5,000,000 gallons per day or more in any 90-day period, the applicant shall submit all of the following: 1. Materials related to the exception standard under subch. V.2. An analysis of the feasibility of water supply alternatives within the watershed, including costs and environmental impacts.3. The anticipated effects, if any, of the proposed intrabasin transfer and related construction on existing uses of water resources and related land uses in the Great Lakes basin, including effects on all of the following:a. Public and potable water supplies.b. Water use sectors including industrial or commercial water use, commercial navigation use, thermoelectric power production, and agricultural water use.c. Fish and wildlife, including impacts on wetlands, fish spawning areas, and threatened and endangered species.d. Recreation, tourism, and scenic beauty.4. 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.5. A statement, with supporting materials, as to whether the diversion complies with any applicable plans developed under ch. 281 and s. 283.83, Stats.Wis. Admin. Code Department of Natural Resources NR 851.31
Adopted by, CR 23-050: cr. Register June 24 No. 822, eff. 7/1/2024