Wis. Admin. Code Department of Natural Resources NR 856.12

Current through November 25, 2024

Section NR 856.12 - Definitions

In this chapter:

(1) "Consumptive use" has the meaning specified in s. 281.346(1) (e), Stats.

Note: Section 281.346(1) (e), Stats., defines "consumptive use" to mean "a use of water that results in the loss o for failure to return some or all of the water to the basin from which the water is withdrawn due to evaporation, incorporation into products, or other processes."

(2) "Continuous water use" means a water use that is intended to be uninterrupted through time except for short periods such as for maintenance and because of power outages.

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

(4) "Diversion" has the meaning specified in s. 281.346(1) (h), Stats.

Note: Section 281.346(1) (h), Stats., defines "diversion" to mean "a transfer of water from the Great Lakes basin into a watershed outside the Great Lakes basin, or from the watershed of one of the Great lakes into that of another, by any means of transfer, including a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker except that 'diversion' does not include any of the following:

1. The transfer of a product produced in the Great Lakes basin or in the watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of the Great Lakes basin or out of that watershed.

2. The transmission of water within a line that extends outside the Great Lakes basin as it conveys water from one point to another within the Great Lakes basin if no water is used outside the Great Lakes basin.

3. The transfer of bottled water from the Great Lakes basin in containers of 5.7 gallons or less."

(5) "Great Lakes basin" has the meaning specified in s. 281.346(1) (je), Stats.

Note: Section 281.346(1) (je), Stats., defines "Great Lakes basin" to mean "the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec, within the jurisdiction of the parties."

(6) "Intermittent water use" means a water use that starts and stops irregularly or regularly through time.

(7) "One property" has the meaning specified in s. NR 812.07(68).

Note: Section NR 812.07(68), Wis. Adm. Code, defines "one property" to mean "all contiguous land controlled by one owner, lessee, or any other person having a possessory interest. Lands under single ownership bisected by highways or railroad right-of-ways are considered contiguous."

(8) "Owner," for water supply systems other than public water supply systems, means a person who owns property on which a water supply system is located or proposed to be located or the designated representative of such a person. For public water supply systems, owner means a person who owns the public water supply or designated representative of such a person.

(9) "Person" has the meaning specified in s. 281.346(1) (nm), Stats.

Note: Section 281.346(1) (nm), Stats., defines "person" to mean "an individual or other entity, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with nor under the direction of a government."

(10) "Property" has the same meaning as "one property," as specified in sub. (7).

(11) "Public water supply" has the meaning specified in s. 281.346(1) (pm), Stats.

Note: Section 281.346(1) (pm), Stats., defines "public water supply" to mean "water distributed to the public through a physically connected system of treatment, storage, and distribution facilities that serve a group of largely residential customers and that may also serve industrial, commercial, and other institutional customers."

(12) "Source" means an individual location where water is withdrawn from groundwater or surface water, such as a well or surface water intake.

(13) "Water loss" has the meaning specified in s. 281.346(1) (wm), Stats.

Note: Section 281.346(1) (wm), Stats., defines "water loss" to mean "the amount of water that is withheld from or not returned to the basin from which it is withdrawn as a result of a diversion or consumptive use or both."

(14) "Water supply system," has the meaning specified in s. 281.346(1) (wp), Stats.

Note: Section 281.346(1) (wp), Stats., defines "water supply system", when not preceded by "public", to mean "one of the following:

1. Except as provided in subd.

2., the equipment handling water from the point of intake of the water to the first point at which the water is used. 2. For a system for providing a public water supply, the equipment from the point of intake of the water to the first point at which the water is distributed."

Note: The water supply system includes all points of intake of water into a water supply system.

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

Note: Section 281.01(18), Stats., defines "waters of the state" to include "those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction."

(16) "Well" has the meaning specified in s. 281.34(1) (h), Stats.

Note: Section 281.34(1) (h), Stats., defines "well" to mean "any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater."

(17) "Withdraw" has the meaning specified in s. 281.346(1) (y), Stats.

Note: Section 281.346(1) (y), Stats., defines "withdraw" to mean "to take water from surface water or groundwater."

(18) "Withdrawal" has the meaning specified in s. 281.346(1) (z), Stats.

Wis. Admin. Code Department of Natural Resources NR 856.12

CR 10-059: cr. Register December 2010 No. 660, eff. 1-1-11.

Section 281.346(1) (z), Stats., defines "withdrawal" to mean "the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water."