Section NR 851.42 - Department review for a community within a straddling county diversion(1) Upon receipt of an application for a community within a straddling county 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 approve a proposal for a community within a straddling county for a new or increased diversion, if the department finds all of the following apply: (a) The proposal is properly characterized as a community within a straddling county diversion based on the boundaries of the county and the city, village, or town to which water will be 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 portion of a community that is within a straddling county based on the boundaries of the county, city, village, or town.(d) The community is without adequate supplies of potable water.(e) The proposal meets the exception standard under subch. V.(f) There is no reasonable water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies.(g) If applicable and available, the department has considered scientifically based evidence regarding the interconnection between existing groundwater supplies and the waters of the Great Lakes basin.(h) The diversion maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside of the Great Lakes basin that will be returned to the source watershed.(i) The proposed diversion has no significant adverse impact on the Great Lakes basin ecosystem.(j) 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.(k) The proposal is consistent with an approved water supply service area plan under ch. NR 854.(l) 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.(m) The department conducted a technical review.(n) The proposal has undergone regional body review and the department considered the regional declaration of findings.(o) The Great Lakes council has approved the proposal.Wis. Admin. Code Department of Natural Resources NR 851.42
Adopted by, CR 23-050: cr. Register June 24 No. 822, eff. 7/1/2024