Section NR 854.07 - Department review and approval process for a water supply service area plan requiring department approval(1) If department approval is required under s. NR 854.04 (2) or (3), the plan shall be submitted to the department for approval. The department shall issue a written decision on the plan prior to the issuance of any approvals required under s. 281.346 (4), Stats., or permits under s. 281.346 (4s) or (5), Stats.(2) The department may not approve a water supply service area plan unless all of the following apply: (a) The diversion or withdrawal proposal that is submitted with the plan meets the requirements under s. 281.346 (4), (4g), (4s), or (5), Stats., or the department finds the plan complies with an existing approved diversion or withdrawal permit issued under s. 281.346 (4), (4g), (4s), or (5), Stats.(b) The plan provides for a public water supply system that meets the requirements under this chapter based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives under s. NR 854.06.(c) The plan effectively utilizes existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.(d) The plan is consistent with applicable comprehensive plans as defined under s. 66.1001 (1) (a), Stats.(e) The projected water demand over the planning period is consistent with the public water supply system's previous 10 years of water use or the department determines the projected water demand is reasonable based on the purposes and uses of the projected water demand.(f) The plan has undergone the public participation process specified under ss. NR 854.08 and 854.09.(g) The plan meets the requirements under this chapter.(3) If a plan includes a new or increased withdrawal from the Great Lakes basin, the department shall specify a withdrawal amount for the public water supply system that is equal to the greatest of the following:(a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.(b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5), Stats., when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s), Stats., when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i), Stats., when the department approves the plan.(4) If the department determines that a plan does not contain the information specified under ss. NR 854.05 and 854.06 or additional information is necessary for review or approval, the department shall provide the person submitting the plan with written notification of the additional information necessary and allow the applicant to submit additional information or revisions to the plan.(5) The department shall specify a water supply service area in its approval of a plan. The department may not limit water supply service areas based on jurisdictional boundaries, except as necessary to prevent waters of the Great Lakes basin from being transferred from a county that lies completely or partly within the Great Lakes basin into a county that lies entirely outside the Great Lakes basin, or except where the water supply service area is delineated by a diversion area approved by the Great Lakes council under s. 281.348 (3) (cr), Stats.(6) The department's approval of a water supply service area plan shall not constitute department approval of the final design of new or enlarged water withdrawal facilities, water supply treatment facilities, or water transmission facilities, including any water pressure booster stations, water pressure reducing stations, or storage reservoirs identified or discussed in the plan. Department approval of new or enlarged facilities shall be obtained in accordance with other applicable statutes and rules.Wis. Admin. Code Department of Natural Resources NR 854.07
Adopted by, CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (3) (b), (5) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024