Water Quality Certification for hydropower licensing in Wisconsin

1. Water Quality Certification for hydropower licensing in Wisconsin

2. Drainage Basins and Major Rivers

3. Dam Inventory ~ 3800 dams

4. FERC Projects 70 licensed 14 exempt 135 dams ~ 3800 dams

5. Water Quality Certificates 10 Projects

9. 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

10. Electric Consumers Protection Act DNR briefs administrators and develops guidelines Tacoma Decision National Wildlife Federation v. Gorsuch Wisconsin waives WQC for ~21 hydro projects Timeline of Wisconsin’s Water Quality Certification Activity for Hydroelectric Licensing DNR issues 10 WQCs with conditions 2003 1982 1986 1990 1994

11. 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.

12. 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.

13. Wisconsin Administrative CodeChapter NR 299Water Quality Certification Department action: • grant or conditionally grant certification • waive certification • deny certification • (deny certification without prejudice) not codified

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

15. 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.

16. 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.

17. 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

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

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

21. Bypassed Reach Winter Hydro FERC Project No. 2064 July 9, 2003

23. 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.

24. Endangered Purple Wartyback Mussel

25. Threatened Longear Sunfish

26. Threatened Pygmy Snaketail Dragonfly

27. Special Concern Lake Sturgeon

28. Recreational BrochuresCanoe Trail Maps

29. 600 - 800 cfs 4 hours/day Up to 10x per year In June, July, August, and September With notice to users Scheduled Flow Releases forWhitewater Recreation

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

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

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

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

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

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

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

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

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

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

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

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

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