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Proposed Water Supply Service Area Plans Rule

Most Recent Action

 

Public hearings were held on December 14 and 15, 2010.

 

Background

 

This rule is one of seven rules that the DNR will be promulgating in order to implement the legislation that ratified the Great Lakes Compact in Wisconsin, 2007 Wisconsin Act 227. The other rules include Water Use Fees for the Great Lakes Basin;Water Conservation and Use EfficiencyWater Use Permitting; Water Loss and Consumptive Use; Water Use Registration and Reporting; and Water Use Public Participation.

 

The rule establishes a statewide continuous planning process for persons that own or operate a public water supply system that serves a population of 10,000 or more and for persons proposing a new or increased diversion of water from the Great Lakes basin.

 

Persons preparing a water supply service area plan will need to identify water supply alternatives that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives. Specifically, the planning process will include an evaluation of how future water demands may be offset by implementing water conservation alternatives to preclude the need for additional water supply.

 

Authority

 

Section 281.348 Wis. Stats., created in 2007 Wisconsin Act 227, directs the DNR to establish and administer a continuing water supply planning process for the preparation of water supply service area plans for persons operating public water supply systems.

 

Proposed Standards

 

The rule establishes a statewide continuous planning process for persons that own or operate a public water supply system that serves a population of 10,000 or greater. The rule is estimated to affect approximately 77 public water supply systems throughout the state, including an estimated 20 consecutive water systems that purchase water from other public water supply systems. The rule will affect persons operating public water supply systems owned primarily by a city, village, town, utility district or municipal water district.

 

Persons preparing a water supply service area plan will need to identify water supply alternatives that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives. Specifically, the planning process will include an evaluation of how future water demands may be offset by implementing water conservation alternatives to preclude the need for additional water supply.

 

Generally, persons responsible for submitting a water supply service area plan will need to obtain an approved water supply service area plan on or before December 31, 2025. The proposed rule provides specific dates for submittal of a water supply service area plan based on the status of the system pumping capacity, change in water supply source, and size of the population served by a public water supply system. Additionally, persons operating a public water supply system in the Great Lakes basin must have an approved water supply service area plan before the DNR will grant an approval of a new or increased withdrawal; and persons proposing a new or increased diversion of Great Lakes water must have an approved water supply service area plan as a condition of a diversion approval. The planning period for water supply service area plans is 20 years.

 

The delineation of the water supply service area to which the public water supply system may provide water is a major element of the water supply service area planning process. The water supply service area must be delineated by an area-wide water quality planning agency designated by the Governor, or by the owner in areas of the state where no area-wide water quality planning agency is designated. The delineated water supply service area includes the existing water supply service area and the projected growth areas for the 20-year planning period. The area identified as the projected growth area for planning purposes does not obligate the public water supply system to provide water to the projected growth area.

 

The content of a water supply service area plan includes a description of the existing water supply system; a description of water sources and water withdrawals; a description of water use by customers; population projections, and projected water demand needs over the 20-year planning period.

 

A public water supply system planning to meet the projected water demand with new or enlarged facilities must submit a water supply service area plan that includes a cost-effectiveness analysis of water supply alternatives that would provide an adequate quantity and quality of water to the system’s customers. The cost-effectiveness analysis will evaluate the anticipated costs associated with implementing the water supply alternative and associated infrastructure needs. The evaluation of water supply alternatives will include an assessment of environmental impacts associated with implementing the water supply alternative.

 

A public water supply system that plans to meet the water demand with existing water supply facilities will need to submit a water supply service area plan that provides a determination and description of the system’s ability to meet the forecasted water demand. The public water supply system will need to demonstrate that the available water supply source will be sustainable over the 20-year planning period. Public water systems that can meet the projected water demand using existing water supply facilities will not have to provide a cost-effectiveness analysis or environmental assessment of water supply alternatives.

 

The water supply service area planning process encourages intergovernmental cooperation. The plans will need the approval of the governing body of each city, village and town whose public water supply is addressed by the plan. The plans must also be consistent with approved comprehensive plans, area-wide water quality plans, and other applicable planning efforts.

 

The water supply service area planning process also includes a public participation process. Owners of a public water supply systems preparing a water supply service area plan must hold at least one public hearing prior to approval of the plan by the governing body of each city, village,and town whose public water supply is addressed by the plan before the plan is submitted to the department for approval.

 

Water withdrawals proposed in a water supply service area plan must comply with applicable withdrawal requirements specified by statute and rule. Withdrawals within the Great Lakes basin subject to state or Compact decision-making standards must comply with the applicable decision-making standards prior to DNR approval of a water supply service area plan. The proposed rule establishes a DNR approval process, a conditional approval process, and establishes a process torevise an approved water supply service area plan.

 

Additional Information

 

Factsheet

 

The DNR Water Use Rules website.

 

Great Lakes Basin Map

 

Related Documents

 

Statement of Scope

 

Initial Proposed Rulemaking Order

 

Fiscal Estimate

 

Report to the Legislative Rules Clearinghouse

 

Clearinghouse Review of the Rule