Section NR 851.41 - Community within a straddling county diversion application(1) A person seeking to begin a new or increased diversion to a community within a straddling county shall contact the department prior to applying for a diversion.(2) A person seeking to begin a new or increased diversion for a community within a straddling county shall submit an application to the department, including all of the following information: (a) The name, mailing address, telephone number, and email address of the applicant, and the name, mailing address, telephone number, and email of the primary point of contact, if it differs from the applicant.(b) The name, mailing address, telephone number, and email address of any person, other than the applicant, that is involved in withdrawing water from or returning water to the Great Lakes basin. The person shall provide evidence in the form of a letter or resolution that the person supports the proposal, has the capacity to withdraw or return the water for the applicant, and is willing to negotiate a contract with the applicant.(c) Documentation that the proposed diversion will be used solely for public water supply purposes.(d) Information on valid contracts and border agreements related to water supply or wastewater, if applicable.(e) The source watershed and the waterbody from which the water will be diverted. The applicant shall specify if the source is surface water, including the name of the waterbody, or groundwater including the aquifer name.(f) The requested diversion volume expressed in millions of gallons per day, averaged over each calendar year.(g) Documentation that the proposed diversion quantity is reasonable for the purpose for which the diversion is proposed.(h) The requested diversion volume for the projected peak 30-day period, and projected peak 90-day period, during a calendar year.(i) The estimated consumptive use associated with the diversion in any 90-day period.(j) A statement of whether the proposed diversion will be continuous, temporary, or seasonal.(k) The location of the point of measurement, and the technical method that will be used for measuring the diversion.(l) 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.(m) 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.(n) A list of all required department approvals or permits related to the diversion, including any approval or permits issued under s. 30.12, 30.18, 281.15, 281.34, 281.41, or 283.31, Stats., and the status of each approval or permit at the time the list is submitted to the department.(o) A Tier 3 water conservation plan developed in compliance with ch. NR 852.(p) Strategies to reduce or minimize Mississippi River basin water in return flow to the Great Lakes basin.(q) Supporting documentation and evidence that the community is without adequate current water supply in either quantity or quality of water.(r) Supporting documentation that there are no reasonable water supply alternatives, including that the volume needed cannot be obtained by conservation of the existing water supply. Documentation shall include an analysis of water supply alternatives and quantitative evidence, which may include hydrogeologic modeling, relative costs, environmental sustainability, and public health impacts of the water supply alternatives, and if applicable and available, scientifically based evidence that the existing groundwater supply is hydrologically interconnected to waters of the Great Lakes basin.(s) Materials related to the exception standard under subch. V.(t) Information regarding any other diversion applications or existing approved diversions the applicant has submitted or received.Wis. Admin. Code Department of Natural Resources NR 851.41
Adopted by, CR 23-050: cr. Register June 24 No. 822, eff. 7/1/2024