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Waterway protection Withdrawals and irrigation

Activities that allow or result in the withdrawal of water from the state's lakes and rivers may require several permits or approvals from the Department of Natural Resources. One of the most common activities is withdrawing water to use in the irrigation of farm fields.

Irrigation

Irrigation


Things to know before you apply:

  • You will need to know whether you are withdrawing surface water or groundwater. Refer to this web site to learn more about these terms. http://dnr.wi.gov/topic/surfacewater/
  • There are no exemptions or general permits for surface water withdrawals and irrigation. Only the riparian owner (owner of land bordering a lake, river or stream) has a right to use water for domestic purposes! So no permit is required to pump water to water the riparian owners lawn or private gardens, provided that produce from the gardens is not sold (non-commercial gardening).
  • Water taken must be a nominal (reasonable) amount and cannot be detrimental to public rights and resources. The department may also set a public rights stage or a minimum water level or flow to protect public rights and resources. The amount of water taken cannot impact those stages, levels or flows.
  • You may still need a permit if you are placing a structure (e.g. intake structure) located below the OHWM.
  • Withdrawals cannot impact public rights
  • All surface water withdrawals need written consent of downstream users.

Determine permit required

This is a text link version of our Withdrawals and irrigation interactive question and answer module. If you are seeing this message, you currently have JavaScript disabled or are in compatibility mode while using Internet Explorer. This text version is here to help you understand if you need a permit from the Wisconsin Department of Natural Resources for your Withdrawal or irrigation project, and if so, which one. Please go through and answer each question. This will help you determine which permit you will need.

Question 1 :

Is the water being withdrawn from:

If your answer is "Surface Water,” go to Question 2.

If your answer is “Groundwater,”:

You've answered Groundwater:

Section 30.18 individual permits are not required. However, registration is required for any withdrawal that could result in over 100,000 gallons per day.

Question 2 :

Are you a riparian?

If your answer is "Yes,” go to Question 3.

If your answer is “No,”:

You've answered No:

You are not eligible for a Section 30.18 water withdrawal permit.

Question 3 :

Is the proposed withdrawal from a:

To determine if your lake is a seepage lake please see the Wisconsin Lakes Book.



If your answer is "Lake with no outlet (seepage lake),” go to Question 4.

If your answer is “Public highway crossing a spring, creek, stream or river,”:

You've answered Public highway crossing a spring, creek, stream or river:

The general public has the right to use and take water from any spring, creek or running water that may be found running in or across the limits of any public highway with no permit. (Reference Link [PDF]). However, the water cannot be used for irrigation or agricultural purposes.

You will need a permit if you place a structure (e.g. intake structure) below the OHWM.

Water taken at highway stream crossings must be a nominal (reasonable) amount and cannot be detrimental to public rights and resources. The department may also set a public rights stage or a minimum water level or flow to protect public rights and resources. The amount of water taken cannot impact those stages, levels or flows.

If your answer is "Stream or a lake with an outlet,” go to Question 5.

Question 4 :

Does the water loss average 2 million gallons or more per day in a 30 day period?



You've answered Yes.

If your answer is “Yes,”:

A s. 30.18 individual permit and fee is required to withdraw water if the withdrawal will result in a water loss averaging 2 million gallons per day in a 30 day period.

A water use registration or permit may be required for ALL withdrawals greater than One hundred thousand (100,000) gallons per day (Seventy gallons per minute) in any thirty (30) day period.

This means any withdrawal over 100,000 gallons per day, but less than 2 million gallons per day, will need to be registered or have a permit. Any withdrawal over 2 million gallons per day needs a permit. If your withdrawal will not reach 100,000 gallons per day, a water withdrawal permit is not required, but you still may need to register.

To apply for an individual permit, please visit the individual permits page.*Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

Please be aware there may be additional permit standards you must meet. Prior to applying for a permit please review the Application Checklist [PDF] and also be sure to review the Sample Drawings [PDF] for this activity.

You've answered No.

If your answer is “No,”:

s. 30.18 individual permits are not required. However, registration is required for any withdrawal that could result in over 100,000 gallons per day.

If the withdrawal itself does not require a permit you may still need a permit if there is a structure (e.g. intake structure) located below the OHWM.

Question 5 :

Is the purpose of the withdrawal for any of the following:

  • Maintaining or restoring the normal flow of a navigable stream
  • Maintaining or restoring normal level of a navigable lake
  • Agriculture (beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming).
  • Irrigation

You've answered Yes.

If your answer is “Yes,”:

A s. 30.18 individual permit and fee is required to withdraw water if the purpose is for:

  • Maintaining or restoring the normal flow of a navigable stream
  • Maintaining or restoring normal level of a navigable lake
  • Agriculture (beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming).
  • Irrigation

A water use registration or permit may be required for ALL withdrawals greater than One hundred thousand (100,000) gallons per day (Seventy gallons per minute) in any thirty (30) day period.

To apply for an individual permit, please visit the individual permits page.*Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

Please be aware there may be additional permit standards you must meet. Prior to applying for a permit please review the Permit Application Checklist [PDF] and also be sure to review the Sample Drawings [PDF] for this activity.

If your answer is "No,” go to Question 4.

Exemptions

  • There are no exemptions for withdrawals and irrigation.

Laws

Applicable statutes and codes statutes and codes include Section 30.18, Wis. Stats. [PDF exit DNR], Section 281.35 [exit DNR], and Section 86.17, Wis. Stats. [PDF exit DNR].

Last revised: Tuesday November 04 2014