HB-5066, As Passed Senate, June 25, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5066

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32707, 32708, 32708a, and 32709 (MCL

324.32707, 324.32708, 324.32708a, and 324.32709), section 32707 as

amended by 2006 PA 33, section 32708 as amended and section 32708a

as added by 2006 PA 35, and section 32709 as added by 1995 PA 59.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32707. (1) Except as provided in subsections (2) and (3),

a person who 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. Except as provided in subsection

(8), 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     (a) The amount and rate of water withdrawn on an annual and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     (c) The use or uses of the water withdrawn.

     (d) The amount of consumptive use of water withdrawn.

     (e) If the source of the water withdrawn is groundwater, the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 25 feet.

     (f) If the source of water withdrawn is groundwater, the

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

     (g) Other information specified by rule of the department.

     (h) At the discretion of the registrant or permit holder, the

baseline capacity of the withdrawal and, if applicable, a

description of the system capacity. If the registrant or permit

holder chooses to report the baseline capacity under this

subdivision, that information shall be included in the next report

submitted by the registrant or permit holder 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 on 1 occasion.

     (i) At the discretion of the registrant or permit holder, the

amount of water returned to the source watershed.

     (j) Beginning in 2010, an acknowledgment that the registrant

has reviewed applicable environmentally sound and economically

feasible water conservation measures prepared under section 32708a.

     (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 satisfies the reporting requirements of this section.

     (3) The owner of a farm who reports water use under section

32708 is not required to report under subsection (1).

     (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) Information described in section 32701(c)(i)(C)

32701(d)(i)(B) that is provided to the department under subsection

(1)(h) is exempt from disclosure under the freedom of information

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

unless the department determines that the withdrawal is causing an

adverse resource impact.

     (7) Except as otherwise provided in this subsection, a person

who files an annual report or notification under this section shall

annually remit a water use reporting fee of $200.00 to the

department. Beginning when a water withdrawal assessment tool

becomes effective upon legislative enactment pursuant to the

recommendations of the groundwater conservation advisory council

under section 32803, 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 withdrawals under section 32708 or for a report under

subsection (8).

     (8) A person who withdraws less than 1,500,000 gallons of

water in any year shall indicate this fact on the reporting form

and is not required to provide information under subsection (1)(a)

or (d). A person who withdraws less than 1,500,000 gallons of water

in any year is not required to pay the water use reporting fee

under subsection (7).

     Sec. 32708. (1) The owner of a farm that is registered under

this part who makes a withdrawal for an agricultural purpose,

including irrigation for an agricultural purpose, may 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) If the water withdrawn is not used entirely for

irrigation, the use or uses of the water withdrawn.

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

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

     (h) Applicable water conservation practices and an

implementation plan for those practices. Beginning in 2010, the

water use conservation plan shall include an acknowledgment that

the owner of the farm has reviewed applicable environmentally sound

and economically feasible water conservation measures prepared

under section 32708a.

     (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) 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.

     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.

     (1) Not later than March 31, 2009, the department shall

prepare, based upon recommendations from representative trade

associations, a set of generic water conservation measures that are

applicable to all persons making large quantity withdrawals. The

department shall post these generic water conservation measures on

its website.

     (2) Subject to subsection (3), each water user's sector may

prepare and submit to the department water conservation measures

that are applicable for water users within its sector. Upon receipt

of water conservation measures from a water user's sector, the

department shall review the water conservation measures, and, if

the department determines that those water conservation measures

are appropriate for that sector, the department shall accept those

water conservation measures. Upon acceptance, the department shall

post the water conservation measures on its website and those water

conservation measures shall supersede the generic water

conservation measures prepared under subsection (1) for water users

within that sector. If the department determines that the water

conservation measures are not appropriate for the water user's

sector, the department shall provide comments to the water user's

sector and suggestions that would result in the department's

acceptance of the water conservation measures. A water user's

sector may resubmit water conservation measures in response to the

department's comments and suggestions.

     (3) Water conservation measures for agricultural purposes

shall be developed and approved by the commission of agriculture

and shall be updated annually as part of the process for review and

update of generally accepted agricultural and management practices

under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to

286.474. Water conservation measures approved under this subsection

shall be posted on the department of agriculture's website and

shall be forwarded to the department for posting on its website.

     (4) By April 1, 2010, the department shall report to the

standing committees of the legislature with jurisdiction primarily

related to natural resources and the environment on the status of

the preparation and acceptance of water user sector conservation

measures.

     (5) If the department receives a registration for a zone C

withdrawal, the department shall notify all other registrants and

permit holders whose withdrawals are from the same water source as

the zone C withdrawal of the status of the water source. Upon

receipt of notification under this subsection, each of these

registrants and permit holders shall review and consider

implementing the applicable water conservation measures prepared

under this section.

     (6) (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.

     (7) As used in this section:

     (a) "Permit holders" means persons holding a permit under

section 32723 and persons holding a permit under the safe drinking

water act, 1976 PA 399, MCL 325.1001 to 325.1023.

     (b) "Water conservation measures" means environmentally sound

and economically feasible water conservation measures.

     Sec. 32709. The department may contract for the preparation

and distribution of informational materials to persons who withdraw

water for irrigation or industrial purposes regarding the members

of the public related to any of the following:

     (a) The purposes, benefits, and requirements of this part. ,

and may also provide information

     (b) Information on complying with the registration program

requirement of this part and on any general or applicable methods

for calculating or estimating water withdrawals or consumptive

uses.

     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. 5065.

     (i) House Bill No. 5067.

     (j) House Bill No. 5069.

     (k) House Bill No. 5073.