SB-0852, As Passed Senate, February 9, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 852

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32705 and 32708 (MCL 324.32705 and 324.32708),

as amended by 2003 PA 148, and by adding section 32708a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32705.  (1) Subject to subsection (2), a person who makes

a withdrawal shall register with the department on a form provided

by the department if, during the calendar year in which the

withdrawal occurs, any of the following apply:

     (a) The person owns an industrial or processing facility that

has the capacity to withdraw over 100,000 gallons of water per day

average in any consecutive 30-day period from the waters of the

Great Lakes basin.

     (b) The person owns an irrigation facility that has the

capacity to withdraw over 100,000 gallons of water per day average

in any consecutive 30-day period from the waters of the Great Lakes

basin.

     (c) Beginning 1 year after the effective date of the

amendatory act that added this subdivision, the person owns a farm

that has the capacity to withdraw over 100,000 gallons of water per

day average in any consecutive 30-day period from the waters of the

Great Lakes basin.

(2) The owner of a farm who registers under section 32708 is

not required to register under subsection (1).

     (1) Except as otherwise provided in this section, the owner of

real property who has the capacity on that property to make a large

quantity withdrawal from the waters of this state shall register

with the department prior to beginning that withdrawal.

     (2) The following persons are not required to register under

this section:

     (a) A person who has previously registered for that property

under this part, unless that registrant develops new or increased

withdrawal capacity on the property of an additional 100,000

gallons of water per day from the waters of the state.

     (b) A community supply owned by a political subdivision that

holds a permit under the safe drinking water act, 1976 PA 399, MCL

325.1001 to 325.1023.

     (c) A person holding a permit under section 32723.

     (d) The owner of a noncommercial well on residential property.

     (3) The following persons shall register under this section

but may register after beginning the withdrawal but before 90 days

after the effective date of the amendatory act that added this

section:

     (a) A person who was developing new or increased withdrawal

capacity on the effective date of the amendatory act that added

this section.

     (b) A person who was not required to register under this part

prior to the effective date of the amendatory act that added this

section.

     (4) Subsection (1) does not limit a property owner's ability

to withdraw water from a test well prior to registration if the

test well is constructed in association with the development of new

or increased withdrawal capacity and used only to evaluate the

development of new or increased withdrawal capacity.

     (5) A registration under this section by the owner of a farm

in which the withdrawal is intended for an agricultural purpose,

including irrigation for an agricultural purpose, shall be

submitted to the department of agriculture instead of the

department.

     (6) A registration submitted under this section shall be on a

form provided by the department or the department of agriculture,

as appropriate.

(7)  (3) In calculating the total amount of an existing or

proposed withdrawal for the purpose of this section, a person shall

combine all separate withdrawals that the person makes or proposes

to make, whether or not these withdrawals are for a single purpose

or are for related but separate purposes.

     (8) The department shall aggregate information received by the

state related to large quantity withdrawal capacities within the

state and reported large quantity withdrawals in the state.

     Sec. 32708. (1)  Beginning 1 year after the effective date of

the 2003 amendatory act that amended this section, the  The owner

of a farm  described in section 32705(1)(c)  that is registered

under this part who makes a withdrawal for an agricultural purpose,

including irrigation for an agricultural purpose, may  register the

farm address and report the water use on the farm by annually

submitting to the department of agriculture a water use

conservation plan. Conservation plans shall be submitted by April 1

of each year. The water use conservation plan shall include, but

need not be limited to, all of the following information:

     (a) The amount and rate of water withdrawn on an annual and

monthly basis in either gallons or acre inches.

     (b) The type of crop irrigated, if applicable.

     (c) The acreage of each irrigated crop, if applicable.

     (d) The source or sources of the water supply.

     (e) If the source of the water withdrawn is groundwater, the

location of the well or wells in latitude and longitude, with the

accuracy of the reported location data to within 25 feet.

(f)  (e) If the water withdrawn is not used entirely for

irrigation, the use or uses of the water withdrawn.

(g)  (f) If the source of water withdrawn is groundwater, the

static water level of the aquifer or aquifers, if practicable.

(h)  (g) Applicable water conservation practices and an

implementation plan for those practices.

     (i) At the discretion of the registrant, the baseline capacity

of the withdrawal based upon system capacity and a description of

the system capacity. If the registrant chooses to report the

baseline capacity under this subdivision, that information shall be

included in the next report submitted by the registrant after the

effective date of the amendatory act that added this subdivision.

Information reported under this subdivision needs only to be

reported to the department of agriculture on 1 occasion.

     (2) The department and the department of agriculture in

consultation with Michigan state university shall validate and use

a formula or model to estimate the consumptive use of withdrawals

made for agricultural purposes consistent with the objectives of

section 32707.

     (3)  The department of agriculture shall use water use

conservation plan information received under subsection (1) to

determine an estimate of water use and consumptive use data for

each township in the state. The department of agriculture shall

forward the township water use and consumptive use data to the

department  Subject to subsection (4), information provided to the

department of agriculture under subsection (1)(a), (d), and (e)

shall be forwarded to the department for inclusion in the statewide

groundwater inventory and map prepared under section 32802.

     (4) Information provided under subsection (1)(a), (e), and (i)

is exempt from disclosure under the freedom of information act,

1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by

the department, the department of agriculture, or the department of

natural resources unless the department determines that the

withdrawal is causing an adverse resource impact.

Senate Bill No. 852 (H-3) as amended February 9, 2006

     Sec. 32708a. (1) Within 12 months after the effective date of

the amendatory act that added this section, each water user's

sector shall begin designing guidelines for generally accepted

water management practices or environmentally sound and

economically feasible water conservation measures within that

sector. Within 24 months after the effective date of the amendatory

act that added this section, the department shall review and report

to the appropriate standing committees of the legislature on

whether or not there are reasonably detailed criteria for assisting

a facility in determining whether water is being used in an

efficient manner. Such guidelines may be adopted by an established

statewide professional or trade association representing that

sector.

     (2) Compliance with generally accepted water management

practices or environmentally sound and economically feasible water

conservation measures does not authorize a water withdrawal that is

otherwise prohibited by law.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

[(a) Senate Bill No. 355.

(a)] Senate Bill No. 850.

[(b)] Senate Bill No. 851.

[(c)] Senate Bill No. 854.

[(d)] Senate Bill No. 857.