Section NR 851.52 - Exception standard department reviewThe department may determine that a proposal meets the exception standard if all of the following apply:
(1) The need for the proposed diversion cannot reasonably be avoided through the efficient use and conservation of existing water supplies as determined by the applicant's Tier 3 water conservation plan developed in compliance with ch. NR 852.(2) The diversion is limited to quantities that are reasonable for the purposes for which the diversion is proposed.(3) An amount of water equal to the amount of water withdrawn from the Great Lakes basin will be treated and returned to the source watershed, less an allowance for consumptive use.(4) For applications described under s. NR 851.50 (1), (3), and (4), the place at which the water is returned to the source watershed is as close as practicable to the place at which the water is withdrawn, including consideration of the following: (a) Economic feasibility.(b) Environmental impact such as impacts of the withdrawal on rivers or streams.(c) Public health concerns.(5) No water from outside the Great Lakes basin will be returned to the source watershed unless all of the following apply:(a) The returned water is from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.(b) 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 and the department has approved the permit under s. 283.31, Stats.(c) If the water is returned through a structure on a bed of a navigable water, the structure is designed and will be operated to meet the applicable permit requirements under s. 30.12, Stats., and the department has approved a permit under s. 30.12, Stats.(6) If water is returned to the source watershed through a stream tributary to one of the Great Lakes, the physical, chemical, and biological integrity of the receiving water will be protected and sustained as required under ss. 30.12, 281.15, and 283.31, Stats., considering the state of the receiving water before the proposal is implemented and considering both low and high flow conditions and potential adverse impacts due to the changes in temperature and nutrient loadings.(7) The diversion will result in no significant adverse individual impacts or cumulative impacts to the quantity or quality of the waters of the Great Lakes basin or to water-dependent natural resources, including cumulative impacts that might result due to any precedent-setting aspects of the proposed diversion, based upon a determination that the proposed diversion does not have any significant adverse impacts on the sustainable management of the waters of the Great Lakes basin.(8) The applicant has a Tier 3 water conservation plan developed in compliance with ch. NR 852 and commits to implementing the water conservation plan.(9) The diversion will be in compliance with all applicable local, state, and federal laws and interstate and international agreements, including the Boundary Waters Treaty of 1909.Wis. Admin. Code Department of Natural Resources NR 851.52
Adopted by, CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (5) (b) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024