Section NR 851.32 - Intrabasin transfer review(1) Upon receipt of an application for an intrabasin transfer 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 the application is complete, it shall follow the public notice and participation process under subch. VII.(2) The department may approve an intrabasin transfer if it finds all of the following apply: (a) The amount of the intrabasin transfer is reasonable for the purpose for which the intrabasin transfer is proposed.(b) The Tier 3 water conservation plan meets the requirements under ch. NR 852.(c) 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.(d) If the water is for public water supply purposes, the intrabasin transfer is consistent with an approved water supply service area plan that covers the public water supply system under s. 281.348, Stats.(e) If the applicant is relying on another entity to withdraw or return the water, the entity withdrawing or returning the water has demonstrated support for the proposal in the form of a letter or resolution.(f) All water shall be treated to meet applicable standards under s. 283.31, Stats., before being discharged to a watershed in the Great Lakes basin. If the intrabasin transfer does not terminate in the state, then all water shall be treated to meet applicable standards under 40 CFR part 125 before being discharged to a watershed in the Great Lakes basin.(g) For intrabasin transfers that average more than 100,000 gallons per day in any 90-day period that result in a new water loss or an increase in water loss that would average less than 5,000,000 gallons per day in every 90-day period, all of the following apply:1. The intrabasin transfer meets the exception standard under subch. V, except that the water may be returned to a watershed within the Great Lakes basin other than the source watershed and the applicant does not need to satisfy s. NR 851.52 (4).2. There is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.(h) For intrabasin transfers that result in a water loss that would average 5,000,000 gallons per day or more in any 90-day period, all of the following apply:1. The proposal meets the exception standard under subch. V.2. There is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.3. If the water is for public water supply purposes, the proposal is consistent with an approved water supply service area plan under ch. NR 854.4. The department conducted a technical review.5. The proposal has undergone regional body review and the department considered the regional declaration of findings.6. The Great Lakes council has approved the proposal.(i) 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.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 851.32
Adopted by, CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (2) (f) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024