Great Lakes Compact Implementation Rules

NR 851

Great Lakes Diversions and Intrabasin Transfers Rule - NR 851

• This rule aids in Wisconsin’s implementation of the Great Lakes Compact and regulates diversions of Great Lakes water. A diversion is defined as a transfer of water from the Great Lakes basin into the Mississippi River Basin via pipe, canal, tanker truck, etc. Diversions also include intrabasin transfers, or the movement of water from one Great Lakes watershed to another (for example, water transferred from the Lake Superior to Lake Michigan basin).
• The Great Lakes Compact bans diversions of Great Lakes water out of the Great Lakes Basin with limited exceptions. These exceptions allow either a community that straddles the subcontinental divide or a community within a county that straddles the subcontinental divide to apply to the DNR to divert water for public water supply purposes.
• The purpose of the diversion rule is to clearly define the application requirements and the DNR’s review processes for Great Lakes diversions.

NR 854

Water Supply Service Area Planning Rule - NR 854

• A water supply service area plan is a general planning document communities use to conduct long-term water supply planning and to demonstrate that a public water supply system can supply an adequate and sustainable amount of water. Under s. 281.348, Wis. Stats public water supply systems serving a population of 10,000 or more that withdraw water from waters of the state are required to prepare a water supply service area plan by Dec. 31, 2025.
• Most water supply service area plans will not necessitate any DNR review or approval and will serve the planning needs of the public water system and communities themselves. A small number of these plans will need to be approved by the DNR, if communities need a new or increased withdrawal from the Great Lakes basin requiring a new or increased water use permit or for communities that apply for a new or increased diversion of Great Lakes water.
• The DNR estimates the rule will affect around 80 public water supply systems in Wisconsin.
• The rule contains the content required in a water supply service area plan along with procedures for public water supply systems to follow when developing plans.
• Water supply service area requirements are a part of Wisconsin’s Great Lakes Compact implementation legislation, and these requirements are Wisconsin-specific. The rule will not change or revise any component of the Great Lakes Agreement or Compact.

Additional Resources: The DNR has developed a factsheet with additional information on NR 854 and posted a copy of the presentation slides given on NR 854. Additionally, for reference the water supply service area plans developed as part of the Village of Somers, and the City of New Berlin Diversion applications are available.