Wis. Admin. Code Department of Natural Resources NR 142.02

Current through November 25, 2024

Section NR 142.02 - Definitions

The following definitions apply to the terms used in this chapter:

(1) "Approval" means a permit issued under s. 30.18, Stats., or an approval under s. 281.41, Stats.

(2) "Authorized base level of water loss" means any of the following:

(a) The maximum 30-day average water loss authorized as a condition of a permit or approval.

(b) If par. (a) does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under s. 30.18(6) (c), 281.35, or 281.41, Stats.

(c) If there is no water loss from an existing withdrawal, zero gallons per day.

(3) "Consumptive use" has the meaning designated in s. 281.35(1) (c), Stats.

Note: Consumptive uses are determined under s. NR 142.04.

(4) "Consumptive use coefficient" means a constant numerical measure, as determined under s. NR 142.04(1) to (4), which is used to determine the consumptive use portion of a facility's withdrawal.

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

(6) "Existing withdrawal" means a lawful withdrawal from the waters of the state occurring on or before January 1, 1986.

(7) "Facility" means an operating plant or establishment serving water or electricity to the public or carrying on any manufacturing activity, trade or business on a common site, including similar plants under common ownership or control located on contiguous properties. Plants or establishments under common ownership or control located on separate sites shall be considered separate and individual facilities.

(8) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence river upstream from Trois Rivieres, Quebec, Canada.

(9) "Great Lakes region" means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin, the commonwealth of Pennsylvania and the provinces of Ontario and Quebec, Canada.

(10) "Interbasin diversion" means a transfer of waters of the state from either the Great Lakes basin or the upper Mississippi river basin to any other basin.

(11) "International joint commission" means the commission established by the boundary waters treaty of 1909 between the United States and Canada.

(12) "Person" means an individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency, federal agency and also includes special purpose districts established under s. 66.0827, Stats., other states and provinces and their political subdivisions.

(13) "Public water system" means a water system for the provision to the public of piped water for human consumption, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

(14) "Registrant" means any person who registers a withdrawal.

(15) "Upper Mississippi river basin" means the watershed of the Mississippi river upstream from Cairo, Illinois.

(16) "Water loss" means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.

(17) "Water loss approval application fee" means the fee collected from each person who submits a water loss approval application to the department pursuant to s. 281.35(5), Stats.

(18) "Water loss approval annual fee" means the fee collected from each person whose application is approved pursuant to s. 281.35(6), Stats.

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

(20) "Withdrawal" means the removal or taking of water from the waters of the state. For the purposes of this chapter, the following are not considered to be a withdrawal:

(a) The passage of water through, or storage of water for, a hydroelectric generating facility, plant or structure.

(b) The diversion of surface water from any source for the purposes of cultivating or harvesting cranberries.

(21) "Withdrawal fee" means a fee assessed to persons making a withdrawal averaging more than 100,000 gallons per day in any 30-day period from the waters of the state.

Wis. Admin. Code Department of Natural Resources NR 142.02

Cr. Register, October, 1988, No. 394, eff. 11-1-88; corrections in (1), (2) (b), (3), (17) to (19) made under s. 13.93(2m) (b) 7, Stats., Register, March, 2000, No. 531; corrections in (1), (2) (b), (12) made under s. 13.92(4) (b) 7, Stats., Register December 2010 No. 660.

Amended by, correction in (17) (Note), (18) (Note) under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017

Amended by, correction in (14) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018

NR 142.03 Registration of withdrawals. History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; correction in (3) made under s. 13.93(2m) (b) 7, Stats., Register, March, 2000, No. 531; CR 10-059: r. (1), (2), (3) Register December 2010 No. 660, eff. 1-1-11; CR 10-061: r. (4) Register December 2010 No. 660, eff. 1-1-11.