Water Quality Certification for hydropower licensing in Wisconsin

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Water Quality Certification for hydropower
licensing in Wisconsin
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Drainage Basins and Major Rivers
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Dam Inventory
3800 dams
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FERC Projects
70 licensed 14 exempt 135 dams
3800 dams
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Water Quality Certificates
10 Projects
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National Wildlife Federationv. Gorsuch

• Legal interpretation
• FERC license renewal applications
• existing dams
• no new construction
• continue historic operation
• No discharge under the Clean Water Act
  therefore...
• Waive water quality certification

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Timeline of Wisconsins Water Quality
Certification Activity for Hydroelectric Licensing
DNR issues 10 WQCs with conditions
2003
1986
1990
1982
1994
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Wisconsin Administrative CodeChapter NR
299Water Quality Certification

• Establishes procedures, criteria, and deadlines
  for review of applications.
• Applies to all applications for federal permits.
• Final license application to FERC complete
  application for WQC.

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Wisconsin Administrative CodeChapter NR
299Water Quality Certification

• DNR determines that proposed activity will
• result in a discharge
• comply with water quality standards
• effluent limitations
• public interest and public rights standards.
• other requirements of state law.

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Wisconsin Administrative CodeChapter NR
299Water Quality Certification

• Department action
• grant or conditionally grant certification
• waive certification
• deny certification
• (deny certification without prejudice)
• not codified

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Wisconsin Administrative CodeChapter NR
299Water Quality Certification

• Public notice of DNRs decision
• applicant publishes decision in local newspaper
• Appeal rights
• anyone whose interests may be affected by the
  Departments decision may request a contested
  case hearing

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DNR Guidelines for Staffwho process WQC
applications

• Legal summary (based on Tacoma Decision)
• Water quantity is an essential component of water
  quality.
• Potential environmental impacts extend beyond
  water chemistry to include biological and
  recreational uses.
• No longer waive water quality certification
• Base certification decisions on broad
  interpretation of public interest.

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DNR Guidelines for Staffwho process WQC
applications

• Potential Environmental Impacts
• Dissolved oxygen, temperature, pH.
• Barriers to navigation and movement of fish,
  woody debris, sediment.
• Accumulation and transport of contaminants.
• Fish entrainment, mortality, displacement.
• Affect biodiversity.
• Fluctuating levels and flow affect suitability of
  aquatic habitat.

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DNR Guidance for Staffwho process WQC
applications

• Items to Consider
• Operational flows
• run-of-river
• minimum flows to side channels
• eliminate or reduce daily variation in discharge
  from peaking facilities
• ramping rates
• compliance monitoring
• Reservoir levels
• Fish passage and entrainment protection
• Cumulative impacts

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Briefing for DNR Administrators

• Issue brief
• outlined change in policy following Tacoma
• listed upcoming WQC decisions
• summarized issues with potential controversy
• expect appeals of Departments decisions

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Protection, enhancement, and mitigationmeasures
obtained
Federal Power Act Sections 10j and 10a
Clean Water Act Section 401

• Peaking to run-of-river
• Moderation of peaking
• Moderation of reservoir drawdowns
• Entrainment protection
• Recreational improvements
• Flashboards

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Wisconsins Endangered Species Act

• Wisconsins legislature finds that certain wild
  animals and wild plants are endangered or
  threatened and are entitled to preservation and
  protection as a matter of general state concern.

• The legislature also finds that by restricting
  the taking, possession, or marketing of
  endangered species in this state and by
  establishing a program for conservation and
  restoration of these endangered or threatened
  species, their potential for continued existence
  will be strengthened.

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Endangered
Purple Wartyback Mussel
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Longear Sunfish
Threatened
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Special Concern
Lake Sturgeon
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Recreational BrochuresCanoe Trail Maps
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Scheduled Flow Releases forWhitewater Recreation

• 600 - 800 cfs
• 4 hours/day
• Up to 10x per year

• In June, July, August, and September
• With notice to users

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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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Scheduled Flow Releases forWhitewater Recreation
World Class Whitewater Canoeing Competitions
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