Section NR 851.23 - Amendments to straddling community diversion approvals(1) GENERAL REQUIREMENTS. The department may amend a straddling community diversion approval to reflect changes in fact and accuracy of the approval, including expansion of the diversion area. The department may issue an amendment in the form of a letter stating the changes to the approval or approval conditions. The department may amend an approval if all of the following apply:(a) If the proposal expands the diversion area, the expanded area is within the municipal boundaries of the city, village, or town to where the water is diverted and is within the sewer service area.(b) The proposal does not exceed the total volume of the existing diversion approval.(c) The proposal does not result in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period.(2) REQUEST TO AMEND. (a) The person requesting an amendment to a straddling community diversion approval shall provide the department all of the following information and documentation to support and describe the proposed amendment:1. The purpose of the expansion of the diversion area.2. A statement confirming that the total diversion will not exceed the diversion volume in the existing approval.3. A statement confirming that the area served diverted water will be within the municipal boundaries of the straddling community.4. A statement confirming that the proposed transfer of water for the amended diversion will not result in a total consumptive use that averages 5,000,000 gallons or more per day in any 90-day period.5. Documentation that the diversion will be used for public water supply purposes.6. A statement of whether the diversion will be continuous, temporary, or seasonal.7. A statement confirming that the requested diversion area is within an approved water supply service area plan developed and approved under ch. NR 854, or a water supply service area plan that is being submitted simultaneously with the diversion application for department review and approval under ch. NR 854.8. An updated Tier 3 water conservation plan developed in compliance with ch. NR 852, if applicable.9. A statement confirming that any water supply customers within the diversion area will be connected to the sewer system simultaneously to water supply to ensure water is returned to the Great Lakes basin.10. Maps of the area that include the approved or proposed water supply service area, the proposed area to be served diverted water, the sewer service area, and the location where the water will be returned to the Great Lakes basin.(b) In addition to the information required under par. (a), the department may request additional information or documentation necessary to review the proposed amendment.(3) DEPARTMENT REVIEW. The department may amend a straddling community diversion approval if it finds all of the following:(a) The owner or operator of the public water system continues to use the diverted water for public water supply purposes within the straddling community.(b) The total water diverted does not exceed the existing approved volume in the diversion approval.(c) The amended diversion does not result in a total consumptive use that averages 5,000,000 gallons or more per day in any 90-day period.(d) The amended diversion is consistent with an approved water supply service area plan under s. 281.348, Stats., and ch. NR 854.(e) The amended diversion area is entirely within the sewer service area.(f) The water will be returned to the Great Lakes basin, less an amount for consumptive use.(g) The Tier 3 water conservation plan meets the requirements under ch. NR 852.(h) The amended diversion approval continues to satisfy the requirements under s. 281.346 (4), Stats., and s. NR 851.22 (2).Wis. Admin. Code Department of Natural Resources NR 851.23
Adopted by, CR 23-050: cr. Register June 24 No. 822, eff. 7/1/2024