DRAFT 1A

HB-5067, As Passed Senate, June 25, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5067

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 32706c and 32706d;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 32706c. (1) If the assessment tool determines that a

proposed withdrawal is a zone B withdrawal in a cold-transitional

river system, or a zone C or zone D withdrawal, the property owner

shall submit to the department a request for a site-specific

review. Additionally, if the assessment tool determines that a

proposed withdrawal is a zone A withdrawal, or a zone B withdrawal

in a cool river system or a warm river system and the property

owner wishes to have a site-specific review, the property owner may

submit to the department a request for a site-specific review. A

request for a site-specific review shall be submitted to the

department in a form required by the department and shall include

all of the following:

(a) The information described in section 32706a(3).

(b) The intended maximum monthly and annual volumes and rates

of the proposed withdrawal, if different from the capacity of the

equipment used for making the proposed withdrawal.

have seasonal fluctuations, the relevant information related to the

seasonal use of the proposed withdrawal.

(d) A description of how the water will be used and the

location, amount, and rate of any return flow.

(e) Any other information the property owner would like the

department to consider in making its determination under this

section.

(2) Upon receipt of a request for a site-specific review, the

department shall consider the information submitted to the

department under subsection (1) and shall consider the actual

stream or river flow data of any affected stream reach. The

department shall also apply the drainage area aggregation standards

provided in section 32706a(2)(a), (b), and (c), if applicable, and

account for cumulative withdrawals as provided for in section

32706e. The department shall not rely on the assessment tool's

determination in making its determination under a site-specific

review.

(3) The department shall complete its site-specific review

within 10 working days of submittal of a request for a site-

specific review. If the department determines, based upon a site-

specific review, that the proposed withdrawal is a zone A or a zone

B withdrawal, the department shall provide written notification to

the property owner and the property owner may register the

withdrawal and may proceed with the withdrawal.

(4) Subject to subsection (5), if the department determines in

conducting a site-specific review that the proposed withdrawal is a

zone C withdrawal, the property owner may register the withdrawal

and proceed to make the withdrawal if the property owner self-

certifies that he or she is implementing applicable environmentally

sound and economically feasible water conservation measures

prepared under section 32708a that the property owner considers to

be reasonable or has self-certified that he or she is implementing

applicable environmentally sound and economically feasible water

conservation measures developed for the water use associated with

that specific withdrawal that the property owner considers to be

reasonable.

(5) Except for withdrawals exempt from obtaining a water

withdrawal permit under section 32723, if a site-specific review

determines that a proposed withdrawal is a zone C withdrawal with

capacity in excess of 1,000,000 gallons of water per day from the

waters of the state to supply a common distribution system, the

person proposing the withdrawal shall not register the withdrawal

and shall not proceed with making the withdrawal unless the person

obtains a water withdrawal permit under section 32723.

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

review, that the proposed withdrawal is a zone D withdrawal, the

property owner shall not register the withdrawal and shall not make

the withdrawal unless he or she applies for a water withdrawal

permit under section 32723 and the withdrawal is authorized under

that section.

(7) After a property owner registers a withdrawal following a

site-specific review, if, in developing the capacity to make the

withdrawal, the conditions of the withdrawal deviate from the

specific data that were evaluated in the site-specific review, the

property owner shall notify the department of the corrected data

and the department shall confirm its determination under the site-

specific review. If the corrected data do not change the

determination under the site-specific review, the property owner

may proceed with the withdrawal. If the corrected data change the

determination under the site-specific review, the property owner

shall proceed under the provisions of this part related to the

corrected determination.

(8) Subject to subsection (9), prior to the implementation

date of the assessment tool under section 32706a, a property owner

proposing to develop withdrawal capacity on his or her property to

make a new or increased large quantity withdrawal may submit to the

department a request for an interim site-specific review under this

subsection to determine whether or not the proposed withdrawal is

likely to cause an adverse resource impact. The department, upon

request, shall conduct an interim site-specific review under this

subsection within a reasonable time period not to exceed 30 days

based upon an evaluation of reasonably available information. For

purposes of this part, a determination under an interim site-

specific review under this subsection shall be afforded the same

status as a site-specific review otherwise conducted under this

section.

(9) Except for withdrawals exempt from obtaining a permit

under section 32723, a property owner who, prior to the

implementation of the assessment tool under section 32706a, intends

to develop withdrawal capacity on his or her property to make a new

or increased large quantity withdrawal of more than 1,000,000

gallons of water per day from the waters of the state to supply a

common distribution system shall obtain an interim site-specific

review under subsection (8). If the interim site-specific review

determines that the proposed withdrawal is a zone C withdrawal, the

property owner shall not proceed with making the withdrawal unless

the person obtains a water withdrawal permit under section 32723.

Sec. 32706d. (1) The department shall develop a protocol for

the collection of stream or river flow measurements by persons

other than the department for use by the department in the

administration of this part. The protocol may specify a minimum

number of measurements, stream or river flow and weather conditions

when the measurements are to be made, and any other conditions

necessary to ensure the adequacy and quality of the measurements.

The protocol shall ensure that stream or river flow measurements

collected for this purpose meet the same data quality standards as

stream or river flow measurements collected by the United States

geological survey. The department shall consult with the United

States geological survey and other recognized scientific experts in

developing this protocol.

(2) The department may use stream or river flow data collected

using the protocol under subsection (1) in conducting site-specific

reviews, in making water withdrawal permit decisions under section

32723, in issuing permits under the safe drinking water act, 1976

PA 399, MCL 325.1001 to 325.1023, in updating the water withdrawal

assessment tool as appropriate, or in other actions requiring an

evaluation of stream or river flow.

(3) The department may establish a program to train and

certify individuals in the collection of stream or river flow

measurements. The department shall charge a fee sufficient to

reimburse the department for the cost of a program developed under

this subsection. The department may enter into a cooperative

agreement with the United States geological survey to provide

training and certification under this section.

Enacting section 1. Section 32724 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.32724, is

repealed.

Enacting section 2. 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.

(d) Senate Bill No. 858.

(e) Senate Bill No. 859.

(f) Senate Bill No. 860.