Wis. Admin. Code Department of Natural Resources NR 860.11

Current through September 30, 2024

Section NR 860.11 - Definitions

In this chapter:

(1) "Baseline" means the amount of a preexisting withdrawal, as determined by the department under s. 281.346(4e), Stats.

(2) "Consumptive use" has the meaning specified in s. 281.346(1) (e), Stats.

Note: Section 281.346(1) (e), Stats., defines "consumptive use" to mean "a use of water that results in the loss o for failure to return some or all of the water to the basin from which the water is withdrawn due to evaporation, incorporation into products, or other processes."

(3) "Days" means calendar days unless otherwise specified.

(4) "Department" means the department of natural resources.

(5) "Great Lakes basin" has the meaning specified in s. 281.346(1) (je), Stats.

Note: Section 281.346(1) (je), Stats., defines "Great Lakes basin" to mean "the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec, within the jurisdiction of the parties."

(6) "One property" has the meaning specified in s. NR 812.07(68).

Note: Section NR 812.07(68), Wis. Adm. Code, defines "one property" to mean "all contiguous land controlled by one owner, lessee, or any other person having a possessory interest. Lands under single ownership bisected by highways or railroad right-of-ways are considered contiguous."

(7) "Owner," for water supply systems other than public water supply, means a person who owns property on which a water supply system is located or proposed to be located or the designated representative of such a person. For public water supply, "owner" means a person who owns the public water supply or designated representative of such a person.

(8) "Permittee" means an owner that is issued a permit.

(9) "Person" has the meaning specified in s. 281.346(1) (nm), Stats.

Note: Section 281.346(1) (nm), Stats., defines "person" to mean "an individual or other entity, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with nor under the direction of a government."

(10) "Preexisting withdrawal" means a withdrawal that started prior to December 8, 2008.

(11) "Property" has the same meaning as "one property," as specified in sub. (6).

(12) "Public water supply" has the meaning specified in s. 281.346(1) (pm), Stats.

Note: Section 281.346(1) (pm), Stats., defines "public water supply" to mean "water distributed to the public through a physically connected system of treatment, storage, and distribution facilities that serve a group of largely residential customers and that may also serve industrial, commercial, and other institutional customers."

(13) "Significant adverse environmental impact" means alteration of groundwater levels, groundwater discharge, surface water levels, surface water discharge, groundwater temperature, surface water temperature, groundwater chemistry, surface water chemistry, or other factors to the extent such alterations cause significant degradation of environmental quality including biological and ecological aspects of the affected water resource.

(14) "Source" means an individual location where water is withdrawn from groundwater or surface water, such as a well or surface water intake.

(15) "Water loss" has the meaning specified in s. 281.346(1) (wm), Stats.

Note: Section 281.346(1) (wm), Stats., defines "water loss" to mean "the amount of water that is withheld from or not returned to the basin from which it is withdrawn as a result of a diversion or consumptive use or both."

(16) "Water supply system," has the meaning specified in s. 281.346(1) (wp), Stats.

Note: Section 281.346(1) (wp), Stats., defines "water supply system", when not preceded by "public", to mean "one of the following:

1. Except as provided in subd.

2., the equipment handling water from the point of intake of the water to the first point at which the water is used. 2. For a system for providing a public water supply, the equipment from the point of intake of the water to the first point at which the water is distributed."

Note: The water supply system includes all points of intake of water into a water supply system.

(17) "Water use intensity" has the meaning specified in s. NR 852.03(29).

Note: Section NR 852.03(29), Wis. Adm. Code, defines "water use intensity" to mean "a measure of water use per unit production, sales unit, or customer served."

(18) "Waters of the state" has the meaning specified in s. 281.01(18), Stats.

Note: Section 281.01(18), Stats., defines "waters of the state" to include "those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction."

(19) "Withdraw" has the meaning specified in s. 281.346(1) (y), Stats.

Note: Section 281.346(1) (y), Stats., defines "withdraw" to mean "to take water from surface water or groundwater."

(20) "Withdrawal" has the meaning specified in s. 281.346(1) (z), Stats.

Note: Section 281.346(1) (z), Stats., defines "withdrawal" to mean "the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water."

(21) "Withdrawal amount" means the permitted amount of a withdrawal in a notice of coverage under a general permit or an individual permit as specified by the department under s. 281.346(4g), (4s), or (5), Stats. The withdrawal amount for an automatically issued notice of coverage under a general permit or an individual permit shall not be less than the baseline unless specifically requested by the owner.

(22) "Well" has the meaning specified in s. 281.34(1) (h), Stats.

Wis. Admin. Code Department of Natural Resources NR 860.11

CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

Section 281.34(1) (h), Stats., defines "well" to mean "any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater."