HB-5065, As Passed Senate, June 25, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5065

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32721, 32722, and 32727 (MCL 324.32721,

324.32722, and 324.32727), as added by 2006 PA 33.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 32721. (1) A person shall not make a new or increased

large quantity withdrawal from the waters of the state that causes

an adverse resource impact. to a designated trout stream.

     (2) Beginning 2 years after the effective date of the

amendatory act that added this section, a person shall not make a

new or increased large quantity withdrawal from the waters of the

state that causes an adverse resource impact.

(2) (3) This section does not apply to the baseline capacity

of a large quantity withdrawal or a well capable of making a large

quantity withdrawal that existed on the effective date of the

amendatory act that added this section February 28, 2006.

(3) (4) This section does not apply to a withdrawal that is

utilized solely for fire suppression.

     (4) A person who developed the capacity to make a new or

increased large quantity withdrawal on or after February 28, 2006

and prior to February 1, 2009 or who received a determination under

former section 32724 during that period is subject to the

definition of adverse resource impact that existed on February 28,

2006.

     Sec. 32722. (1) Until a water withdrawal assessment tool

becomes effective upon legislative enactment pursuant to the

recommendations of the groundwater conservation advisory council

under section 32803 For new or increased large quantity withdrawals

developed on or after February 28, 2006 and prior to the

implementation date of the assessment tool under section 32706a,

there is a rebuttable presumption that a new or increased large

quantity the withdrawal will not cause an adverse resource impact

in violation of section 32721 under either of the following

circumstances:

     (a) The location of the withdrawal is more than 1,320 feet

from the banks of a designated trout an affected stream reach.

     (b) The withdrawal depth of the well is at least 150 feet.

     (2) If the assessment tool determines that a withdrawal is a

zone A or a zone B withdrawal and is not likely to cause an adverse

resource impact, there is a rebuttable presumption that the

withdrawal under the conditions that were the basis for the

assessment tool's determination will not cause an adverse resource

impact in violation of section 32721.

     (3) If the department determines, based upon a site-specific

review, or in connection with a permit or approval issued under

section 32723 or the safe drinking water act, 1976 PA 399, MCL

325.1001 to 325.1023, that a withdrawal is not likely to cause an

adverse resource impact, there is a rebuttable presumption that the

withdrawal under the conditions that were the basis of the

department's determination will not cause an adverse resource

impact in violation of section 32721.

     (4) (2) A presumption under this section is not valid if the

capacity to make the withdrawal is not developed within 18 months

after the withdrawal is registered. A presumption under subsection

(1) this section may be rebutted by a preponderance of evidence

that a new or increased large quantity withdrawal from the waters

of the state has caused or is likely to cause an adverse resource

impact.

     Sec. 32727. (1) A withdrawal pursuant to part 111, 115, 201,

or 213 is The following withdrawals are exempt from the

requirements of this part . unless they result in a diversion:

     (a) A withdrawal undertaken as part of an activity authorized

by the department under part 111, 115, 201, 213, or 615.

     (b) A withdrawal undertaken as part of an activity authorized

by the United States environmental protection agency under either

of the following:

     (i) The comprehensive environmental response, compensation, and

liability act of 1980, Public Law 96-510.

     (ii) The resource conservation and recovery act of 1976, Public

Law 94-580.

     (c) A withdrawal that is undertaken for hydroelectric

generation at sites certified, licensed, or permitted by the

federal energy regulatory commission.

     (d) A hydroelectric facility authorized under section 12 of

chapter 264 of the act of March 3, 1909, commonly known as the

river and harbor act of 1909, 35 Stat. 821.

     (e) A hydroelectric facility authorized under section 1075(c)

of the intermodal surface transportation efficiency act of 1991,

Public Law 102-240.

     (f) A hydroelectric facility authorized under Public Law 85,

chapter 1368, 34 Stat. 102.

     (g) Removal of water from an artificially created surface

water body that has as its primary source of water either of the

following:

     (i) A withdrawal that is not a new or increased large quantity

withdrawal.

     (ii) A registered new or increased large quantity withdrawal

that has been determined by the assessment tool, a site-specific

review, or a permit issued under section 32723 to be a withdrawal

that is not likely to cause an adverse resource impact.

     (h) A withdrawal from a noncommercial well located on the

following residential property:

     (i) Single-family residential property unless that well is a

lake augmentation well.

     (ii) Multifamily residential property not exceeding 4

residential units and not more than 3 acres in size unless that

well is a lake augmentation well.

     (2) The director of the department shall ensure that data in

the possession of the state related to withdrawals that are not

regulated under this part are compiled and shared with departmental

personnel responsible for implementing this part.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 212.

     (b) Senate Bill No. 723.

     (c) Senate Bill No. 727.

     (d) Senate Bill No. 858.

     (e) Senate Bill No. 859.

     (f) Senate Bill No. 860.

     (g) House Bill No. 4343.

     (h) House Bill No. 5066.

     (i) House Bill No. 5067.

     (j) House Bill No. 5069.

     (k) House Bill No. 5073.