October 27, 2005, Introduced by Senators VAN WOERKOM, BIRKHOLZ, SIKKEMA, PATTERSON, GILBERT, BROWN, ALLEN, GEORGE and GARCIA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32705, 32707, and 32708 (MCL 324.32705,
324.32707, 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: Beginning 90 days
after the effective date of the 2005 amendments to this section,
except as otherwise provided in this section, the owner of real
property who develops new or increased withdrawal capacity on that
property of an additional 100,000 gallons of water per day average
in any consecutive 30-day period from the waters of the state shall
register with the department. The registration shall be submitted
on a form provided by the department prior to beginning a
withdrawal that uses the new or increased capacity. However, this
subsection does not limit a property owner's ability to withdraw
water from a test well constructed in association with the
development of new or increased capacity.
(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).
(2) 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.
(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.
(4) A person holding a permit under section 32723 is not
required to register under this section.
Sec. 32707. (1) Except as provided in subsections (2) and (3),
a
person who owns an industrial or processing facility, an
irrigation
facility, or a farm registered under this part is
required to register under section 32705 or holds a permit under
section 32723 shall file a report annually with the department on a
form provided by the department. Reports shall be submitted by
April 1 of each year. Reports shall include the following
information:
(a) The amount and rate of water withdrawn on an annual and
monthly basis.
(b) The source or sources of the water supply.
(c) The use or uses of the water withdrawn.
(d) The amount of consumptive use of water withdrawn.
(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
15 25 feet.
(f) If the source of water withdrawn is groundwater, the
static water level of the aquifer or aquifers.
(g) Other information specified by rule of the department.
(2) If a person reports the information required by this
section to the department in conjunction with a permit or for any
other purpose, that reporting, upon approval of the department,
shall satisfy the reporting requirements of this section.
(3)
The owner of a farm who reports water use under section
32708
is following persons are not required to report under
subsection
(1): .
(a) The owner of a farm who reports withdrawals under section
32708.
(b) A public water supply system that reports withdrawals
under the safe drinking water act, 1976 PA 399, MCL 325.1001 to
325.1023.
(c) The owner of a noncommercial well on residential property.
(4) The department may, upon request from a person required to
report under this section, accept a formula or model that provides
to the department's satisfaction the information required in
subsection (1).
(5) The department shall develop forms for reporting under
this section that minimize paperwork and allow for a notification
to the department instead of a report if the annual amount of water
withdrawn by a person required to report under this section is
within 4% of the amount last reported and the other information
required in subsection (1) has not changed since the last year in
which a report was filed.
(6) A person who files an annual report or notification under
this section shall annually remit a water use reporting fee of
$100.00 to the department. Water use reporting fees shall be
remitted to the department in conjunction with the annual report or
notification submitted under this section. The department shall
transmit water use reporting fees collected under this section to
the state treasurer to be credited to the water use protection fund
created in section 32714. A water use reporting fee is not required
for
a report or notification related to a farm that reports water
use
withdrawals under section 32708 or a public water supply that
reports withdrawals under the safe drinking water act, 1976 PA 399,
MCL 325.1001 to 325.1023.
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. 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.
(h) (g)
Applicable water conservation practices and an
implementation plan for those practices.
(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) and (e) 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 of natural resources
determines that the withdrawal is causing an adverse resource
impact.
Sec. 32708a. The department, in conjunction with the
department of agriculture, shall encourage each sector of water
withdrawal users to develop water use conservation practices. The
department shall identify those sectors of water withdrawal users
that have developed water use conservation practices and shall
report that information to the standing committees of the senate
and house of representatives with primary jurisdiction over natural
resources and the environment.
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. 850.
(b) Senate Bill No. 851.