Section NR 142.04 - Determining consumptive use(1) Persons required to provide volumes and rates of consumptive use to the department under s. NR 142.06(2) (g) shall do so in the following manner: (a) If a person is making a withdrawal for the purpose of irrigating agricultural crops, a golf course, or for any other nondomestic irrigation purposes; a coefficient of 70% of the total amount withdrawn shall be used to estimate consumptive use.(b) If a person is making a withdrawal for the purpose of a nonirrigation agricultural activity, such as the watering and washing of livestock, or for any other agricultural purpose, a coefficient of 90% of the total amount withdrawn shall be used to estimate consumptive use.(c) If a person is making a withdrawal for the purpose of operating a thermoelectric power generating facility, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use rate, and the method, calculation, formula or device used in determining the coefficient. If the department does not receive a consumptive use coefficient within the time period specified for any facility to which this paragraph applies, then a coefficient of 1.2 acre feet per million kilowatt hours of electricity produced shall be used to estimate consumptive use for that facility.(d) If a person is making a withdrawal for the purpose of operating a commercial facility, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.(e)1. If a person is making a withdrawal for the purpose of operating an industrial facility, the department, where possible, shall determine a consumptive use coefficient based on available flow diagrams or other water use information submitted to the department by each facility pursuant to s. 283.31, Stats., or the federal water pollution control act as amended 33 USC 1251 to 1376. By December 31, 1988 the department shall either: a. Notify each person by mail of the consumptive use coefficient documented from a flow diagram or other water use information; orb. Notify each person by mail that insufficient flow diagram or other water use information was available.2. By 120 days after receipt of notification under subd. 1., each person shall either: a. Provide written acceptance of the consumptive use coefficient documented by the department; orb. Provide written documentation, supported by a flow diagram or other water use information, or a consumptive use coefficient appropriate for the facility in question.(f) If a person is making a withdrawal for the purpose of mining, a coefficient to be determined by each person operating a mine shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.(g) If a person is making a withdrawal for the purpose of operating a public water system, a coefficient to be determined by each person operating such a facility shall be used to determine consumptive use. By March 1, 1989, each person to which this paragraph applies shall provide the department written documentation specifically identifying the consumptive use coefficient, and the method, calculation, formula or device used in determining the coefficient.(2) No consumptive use coefficient determined under sub. (1) (c), (d), (e), (f) or (g) may be used without prior written approval by the department. Any approval or denial of approval of a consumptive use coefficient under sub. (1) (c), (d), (e), (f) or (g) is a final decision of the department. (3) If any person fails to provide a consumptive use coefficient in the time specified under sub. (1) (d), (e), (f) or (g), the department shall determine a consumptive use coefficient for that person. The department shall notify the person in writing of the department's decision and the reason for that decision. (4) Any person requesting a variance from the consumptive use coefficients established under sub. (1) (a) or (b) or modification of a consumptive use coefficient approved by the department under sub. (2). A person requesting a variance or modification shall submit a statement specifying the consumptive use coefficient currently in effect, the new consumptive use coefficient desired and documentation supporting the need for the change. Decisions by the department on variances or modifications requested under this section shall be final decisions of the department. Wis. Admin. Code Department of Natural Resources NR 142.04
Cr. Register, October, 1988, No. 394, eff. 11-1-88; correction in (1) (e) 1., made under s. 13.93(2m) (b) 7, Stats., Register, March, 2000, No. 531.Amended by, correction in (1) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018