Water Quality Certification for hydropower licensing in Wisconsin

Drainage Basins and Major Rivers

Dam Inventory ~ 3800 dams

FERC Projects ~ 3800 dams 70 licensed 14 exempt 135 dams

Water Quality Certificates 10 Projects

National Wildlife Federation v. Gorsuch Legal interpretation: –FERC license renewal applications –existing dams –no new construction –continue historic operation n No discharge under the Clean Water Act; therefore... n Waive water quality certification

Timeline of Wisconsin’s Water Quality Certification Activity for Hydroelectric Licensing 1986 Electric Consumers Protection Act National Wildlife Federation v. Gorsuch Wisconsin waives WQC for ~21 hydro projects 1994 Tacoma Decision 2003 DNR briefs administrators and develops guidelines DNR issues 10 WQCs with conditions

Wisconsin Administrative Code Chapter NR 299 Water Quality Certification n Establishes procedures, criteria, and deadlines for review of applications. n Applies to all applications for federal permits. n “Final” license application to FERC = “complete” application for WQC.

Wisconsin Administrative Code Chapter NR 299 Water Quality Certification DNR determines that proposed activity will: n result in a discharge n comply with water quality standards –effluent limitations –public interest and public rights standards. –other requirements of state law.

Wisconsin Administrative Code Chapter NR 299 Water Quality Certification Department action: n grant or conditionally grant certification n waive certification n deny certification n (deny certification without prejudice) not codified

Wisconsin Administrative Code Chapter NR 299 Water Quality Certification n Public notice of DNR’s decision –applicant publishes decision in local newspaper n Appeal rights –anyone whose interests may be affected by the Department’s decision may request a contested case hearing

DNR Guidelines for Staff who process WQC applications n 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.

DNR Guidelines for Staff who process WQC applications n 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.

DNR Guidance for Staff who process WQC applications n 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

Briefing for DNR Administrators n Issue brief –outlined change in policy following Tacoma –listed upcoming WQC decisions –summarized issues with potential controversy –expect appeals of Department’s decisions

Protection, enhancement, and mitigation measures obtained n Peaking to run-of-river n Moderation of peaking n Moderation of reservoir drawdowns n Entrainment protection n Recreational improvements n Flashboards Federal Power Act Sections 10j and 10a Clean Water Act Section 401

Bypassed Reach Winter Hydro FERC Project No July 9, 2003

Wisconsin’s Endangered Species Act Wisconsin’s 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.

Purple Wartyback Mussel Endangered

Longear Sunfish Threatened

Pygmy Snaketail Dragonfly

Special Concern Lake Sturgeon

Recreational Brochures Canoe Trail Maps

Scheduled Flow Releases for Whitewater Recreation n cfs n 4 hours/day n Up to 10x per year n In June, July, August, and September n With notice to users

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions

Scheduled Flow Releases for Whitewater Recreation World Class Whitewater Canoeing Competitions