April 25, 2006, Introduced by Reps. McDowell, Accavitti, Donigan, Alma Smith, Espinoza, Leland, Kathleen Law, Hopgood, Spade, Miller, Polidori, Angerer, Byrnes, Zelenko, Vagnozzi, Kolb, Lipsey, Gonzales, Anderson, Lemmons, Jr., Cushingberry, Waters, Bieda, Gleason, Sak, Meisner and Byrum and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32701, 32703, 32703a, and 32704 (MCL
324.32701, 324.32703, 324.32703a, and 324.32704), sections 32701
and 32703 as amended and section 32703a as added by 2006 PA 33 and
section 32704 as added by 1995 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32701. As used in this part:
(a) "Adverse resource impact" means either of the following:
(i) Decreasing the flow of a stream by part of the index flow
such that the stream's ability to support characteristic fish
populations is functionally impaired.
(ii) Decreasing the level of a body of surface water such that
the body of surface water's ability to support characteristic fish
populations is functionally impaired.
(b) "Agricultural purpose" means the agricultural production
of plants and animals useful to human beings and includes, but is
not limited to, forages and sod crops, grains and feed crops, field
crops, dairy animals and dairy products, poultry and poultry
products, cervidae, livestock, including breeding and grazing,
equine animals, fish and other aquacultural products, bees and bee
products, berries, herbs, fruits, vegetables, flowers, seeds,
grasses, nursery stock, trees and tree products, mushrooms, and
other similar products, or any other product, as determined by the
commission of agriculture, that incorporates the use of food, feed,
fiber, or fur.
(c) "Baseline capacity" means either of the following:
(i) The following applicable withdrawal capacity as reported to
the department or the department of agriculture, as appropriate, by
the person making the withdrawal in the April 1, 2007 annual report
submitted under section 32707 or in the April 1, 2007 water use
conservation plan submitted under section 32708:
(A) For a community supply, the total designed withdrawal
capacity for the community supply under the safe drinking water
act,
1976 PA 399, MCL 325.1001 to 325.1023, on the effective date
of
the amendatory act that added this subparagraph February 28,
2006.
(B) Unless reported under a different provision of this
subparagraph, for a quarry or mine that holds an authorization to
discharge under part 31 that includes a discharge volume, the
discharge
volume stated in that authorization on
the effective
date
of the amendatory act that added this subparagraph February
28, 2006.
(C) The system capacity used or developed to make a withdrawal
on the
effective date of the amendatory act that added this
subparagraph
February 28, 2006, if the system capacity and a
description of the system capacity are included in an annual report
that is submitted under this part.
(ii) If the person making the withdrawal does not report under
subparagraph (i), the highest annual amount of water withdrawn as
reported under this part for calendar year 2002, 2003, 2004, or
2005.
(d) "Community supply" means that term as it is defined in
section 2 of the safe drinking water act, 1976 PA 399, MCL
325.1002.
(e) "Consumptive use" means that portion of water withdrawn or
withheld from the Great Lakes basin and assumed to be lost or
otherwise not returned to the Great Lakes basin due to evaporation,
incorporation into products or agricultural products, use as part
of the packaging of products or agricultural products, or other
processes. Consumptive
use includes a withdrawal of waters of the
Great
Lakes basin that is packaged within the Great Lakes basin in
a
container of 5.7 gallons (20 liters) or less. Consumptive use
does not include the packaging of water in bottles or other
containers.
(f) "Department" means the department of environmental
quality.
(g) "Designated trout stream" means a trout stream identified
on the document entitled "Designated Trout Streams for the State of
Michigan", as issued under order of the director of the department
of natural resources, FO-210.04, on October 10, 2003.
(h) "Diverted"
"Diversion" means a transfer of water by
pipeline, canal, tunnel, aqueduct, channel, modification of the
direction of a watercourse, tanker ship, tanker truck, rail tanker,
or similar means from the Great Lakes basin into a watershed
outside
of the Great Lakes basin, . Diverted includes a including
the
transfer of water withdrawn
from the waters of the Great Lakes
basin
that is removed from the Great Lakes basin in a container
greater
than 5.7 gallons (20 liters). Diverted in bottles or other
containers. However, diversion does not include any of the
following:
(i) A consumptive use.
(ii) The supply of vehicles, including vessels and aircraft,
whether for the needs of the persons or animals being transported
or for ballast or other needs related to the operation of vehicles.
(iii) Use in a noncommercial project on a short-term basis for
firefighting, humanitarian, or emergency response purposes.
(iv) Water transported from the Great Lakes basin by a person
for his or her personal, noncommercial use.
(i) "Environmentally sound and economically feasible water
conservation measures" means those measures, methods, technologies,
or practices for efficient water use and for reduction of water
loss and waste or for reducing a withdrawal, consumptive use, or
diversion that meet all of the following:
(i) Are environmentally sound.
(ii) Reflect best practices applicable to the water use sector.
(iii) Are technically feasible and available.
(iv) Are economically feasible and cost-effective based on an
analysis that considers direct and avoided economic and
environmental costs.
(v) Consider the particular facilities and processes involved,
taking into account the environmental impact, age of equipment and
facilities involved, the process employed, energy impacts, and
other appropriate factors.
(j) "Farm" means that term as it is defined in section 2 of
the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(k) "Generally accepted water management practices" means
standards or guidelines for water use that ensure water is used
efficiently.
(l) "Great Lakes basin" means the watershed of the Great Lakes
and the St. Lawrence river.
(m) "Great Lakes charter" means the document establishing the
principles for the cooperative management of the Great Lakes water
resources, signed by the governors and premiers of the Great Lakes
region on February 11, 1985.
(n) "Great Lakes region" means the geographic region composed
of the states of Illinois, Indiana, Michigan, Minnesota, New York,
Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the
provinces of Ontario and Quebec, Canada.
(o) "Index flow" means the 50% exceedance flow for the lowest
flow month of the flow regime, for the applicable stream reach, as
determined over the period of record or extrapolated from analyses
of the United States geological survey stream flow gauges in
Michigan.
(p) "Large quantity withdrawal" means 1 or more cumulative
total withdrawals of over 100,000 gallons of water per day average
in any consecutive 30-day period that supply a common distribution
system.
(q) "New or increased large quantity withdrawal" means a new
water withdrawal of over 100,000 gallons of water per day average
in any consecutive 30-day period or an increase of over 100,000
gallons of water per day average in any consecutive 30-day period
beyond the baseline capacity of a withdrawal.
(r) "New or increased withdrawal capacity" means new or
additional water withdrawal capacity to supply a common
distribution system that is an increase from the person's baseline
capacity. New or increased capacity does not include maintenance or
replacement of existing withdrawal capacity.
(s) "Political subdivision" means that term as it is defined
in section 2 of the safe drinking water act, 1976 PA 399, MCL
325.1002.
(t) "Registrant" means a person who registers water withdrawal
capacity under this part.
(u) "Waters of the Great Lakes basin" means the Great Lakes
and all streams, rivers, lakes, connecting channels, and other
bodies of water, including groundwater, within the Great Lakes
basin.
(v)
"Waters of the state" means
groundwater, lakes, rivers,
and
streams and all other watercourses and waters, including
waters
of the Great Lakes , basin within the territorial
boundaries of the state. Waters of the state do not include
drainage ways and ponds designed and constructed solely for
wastewater conveyance, treatment, or control.
(w) "Withdrawal" means the removal of water from its source
for any purpose, other than for hydroelectric generation at sites
certified, licensed, or permitted by the federal energy regulatory
commission.
Sec. 32703. Subject to section 32704, the diversion of the
waters
of the Great Lakes basin within the boundaries of this
state
shall not be diverted state out of the Great
Lakes basin is
prohibited.
Sec. 32703a. (1) If the prohibition in section 32703 is
determined
to be invalid, the diversion of
the waters of the state
shall
not be diverted out of the
Great Lakes basin is prohibited
unless authorized by law.
(2) When considering whether to grant legislative approval for
a diversion, the legislature shall consider sections 51 and 52 of
article IV of the state constitution of 1963 and whether the
project serves
will serve a public purpose, whether the project
will result in no material harm to the waters of the state, the
public
trust, or related purposes, and whether the project would
will result in any improvement to the waters of the state or the
water dependent natural resources of the state.
Sec.
32704. Section 32703 does not apply to a either of the
following:
(a) A diversion of the waters of the Great Lakes basin out of
the drainage basin of the Great Lakes existing on September 30,
1985.
(b) A diversion by a person in bottles or other containers in
an amount equal to or less than the amount of water diverted by
that person during calendar year 2006 if the withdrawal from which
the diversion occurs meets all of the following conditions:
(i) An adverse resource impact does not occur.
(ii) The use of the water is reasonable under common law
principles of water law in Michigan.
(iii) Riparian rights as defined by Michigan common law are
protected.
(iv) Hydrologic impacts commensurate with the nature and
extent of the withdrawal are addressed, if needed, by the person
making the withdrawal through activities related to stream flow
regime, water quality, aquifer protection, or other considerations.