DRAFT 1A

SB-0860, As Passed House, June 24, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 860

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 32728 (MCL 324.32728), as added by 2006 PA 33,

and by adding sections 32706a, 32706b, 32706e, and 32729.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 32706a. (1) On October 1, 2008, the department shall make

available for testing and evaluation an internet-based water

withdrawal assessment tool based upon the recommendations of the

former groundwater conservation advisory council and the

requirements of this part. The assessment tool shall contain a

flow-based safety factor. Beginning 1 year after the effective date

of the amendatory act that added this section, the department shall

implement the assessment tool.

(2) The assessment tool shall determine whether a proposed

withdrawal is a zone A, zone B, zone C, or zone D withdrawal and

whether a proposed withdrawal is likely to cause an adverse

resource impact based upon whether the proposed withdrawal is from

a cold river system, a cold-transitional river system, a cool river

system, or a warm river system. The assessment tool shall account

for impacts due to cumulative withdrawals as provided for in

section 32706e. The assessment tool shall also distinguish the

impact of a proposed withdrawal based upon whether the proposed

withdrawal is from a stream, a small river, or a large river,

subject to the following:

(a) Cool streams and warm streams with less than 3 square

miles of drainage area shall be integrated into the next largest

drainage area for purposes of assessment tool determinations.

(b) Cool streams and warm streams with less than 20 square

miles of drainage area and less than 1 cubic foot per second of

index flow shall be integrated into the next largest drainage area

for purposes of assessment tool determinations.

than 3 square miles but less than 6 square miles shall be

integrated into the next largest drainage area for purposes of

assessment tool determinations for groundwater withdrawals.

(3) The assessment tool shall allow the user to enter into

fields the following data related to a proposed withdrawal:

(a) The capacity of the equipment used for making the

withdrawal.

(b) The location of the withdrawal.

groundwater.

(d) If the source of the withdrawal is groundwater, whether

the source of the withdrawal is a glacial stratum or bedrock.

(e) The depth of the withdrawal if from groundwater.

(f) The amount and rate of water to be withdrawn.

(g) Whether the withdrawal will be intermittent.

(4) The assessment tool shall contain a print function that

allows the user, upon receipt of the assessment tool's

determination, to print the data submitted and the determination

returned along with a date and time.

(5) The assessment tool shall work in conjunction with the

online registration process and shall also allow operation

independent of the online registration process.

(6) On an ongoing basis, the department shall add verified

data to the assessment tool's database from reports submitted under

sections 32707, water use conservation plans submitted under

section 32708, and permits issued under the safe drinking water

act, 1976 PA 399, MCL 325.1001 to 325.1023, and other sources of

data regarding the waters of the state. Additionally, the

department shall make technical modifications to the assessment

tool related to considerations of temperature, hydrology, and

stream or river flow based upon a scientific methodology adopted by

order of the commission.

(7) If a person disagrees with the designation of a particular

stream or river as a cold river system, a cold-transitional river

system, a cool river system, or a warm river system for use in the

assessment tool or otherwise under this part, the person may

petition for a redesignation of that stream or river. The petition

shall be submitted to the commission for its review and

determination.

(8) The department shall report annually to the standing

committees of the legislature with jurisdiction primarily

pertaining to natural resources and the environment on the

implementation of the assessment tool and this part. This report

shall include, but is not limited to, all of the following:

(a) The number of zone C withdrawal site-specific reviews

requested by applicants each 12 months after the effective date of

the implementation of the assessment tool under section 32706a.

(b) The number of zone C withdrawal site-specific review

determinations that resulted in changes from zone C to zone B and

the number of changes from zone C to zone A.

determinations that result in a zone D withdrawal determination.

(d) The number of site-specific review determinations where

the department failed to meet statutory timelines.

(e) The number of registered assessment tool determinations

for each zone.

(f) The number of voluntary requests for site-specific reviews

that were submitted to the department and whether the department

failed to meet statutory timelines on these site-specific reviews.

(g) The number of registrations submitted to the department

under this part.

Sec. 32706b. (1) Beginning on the effective date of the

implementation of the assessment tool under section 32706a, prior

to registering a new or increased large quantity withdrawal under

section 32705 for a proposed withdrawal from a stream or river, or

from groundwater, the property owner proposing to make the

withdrawal shall utilize the assessment tool by entering the data

related to the proposed withdrawal into the assessment tool.

However, a person who intends to make a new or increased large

quantity withdrawal for the purpose of dewatering a mine that has a

permit under part 31 and is not regulated under part 631, 632, or

637 may choose to submit a request for a site-specific review

rather than utilize the assessment tool.

(2) Upon entry of the relevant data under subsection (1), the

assessment tool shall indicate to the user whether or not the

proposed withdrawal is likely to cause an adverse resource impact

and whether the proposed withdrawal falls into the category of zone

A, zone B, zone C, or zone D.

(3) If the assessment tool designates a proposed withdrawal as

a zone A withdrawal, or a zone B withdrawal in a cool river system

or a warm river system, the property owner may register the

withdrawal and proceed to make the withdrawal.

(4) If the assessment tool designates a proposed withdrawal as

a zone B withdrawal in a cold-transitional river system, or a zone

C or zone D withdrawal, the property owner shall not register the

withdrawal or make the withdrawal except in accordance with section

32706c.

(5) After a property owner registers a withdrawal, if, in

developing the capacity to make the withdrawal, the conditions of

the withdrawal deviate from the specific data that were entered

into the assessment tool, the property owner shall rerun the

assessment tool and shall enter the corrected data into the

assessment tool. The property owner shall notify the department of

the corrected data and the corrected results from the assessment

tool. If the corrected data do not change the determination of the

assessment tool, the property owner may proceed with the

withdrawal. If the corrected data change the determination from the

assessment tool, the property owner shall proceed under the

provisions of this part related to the corrected assessment tool

determination.

Sec. 32706e. The department shall determine whether an adverse

resource impact has occurred under this part and whether a

withdrawal is a zone A, a zone B, a zone C, or a zone D withdrawal

under this part based upon cumulative withdrawals affecting the

same stream reach. In accounting for these cumulative withdrawals,

the department shall apply both of the following:

(a) Beginning on October 1, 2008, the department shall begin

water withdrawal accounting for cumulative withdrawals affecting

the same stream reach.

(b) Beginning on February 1, 2009, the department shall adjust

the water withdrawal accounting under subdivision (a) such that if

cumulative withdrawals beginning on October 1, 2008 have removed a

sufficient flow of water from a stream reach to change the zone

classification of that stream reach, the department shall reset the

water withdrawal accounting benchmark for that stream reach as

follows:

(i) If the cumulative impact of withdrawals on February 1, 2009

results in a classification as a zone B withdrawal, the accounting

benchmark shall be reset at the beginning point for zone B

withdrawals.

(ii) If the cumulative impact of withdrawals on February 1,

2009 results in a classification as a zone C withdrawal, the

accounting benchmark shall be reset at the beginning point for zone

C withdrawals.

(iii) If the cumulative impact of withdrawals on February 1,

2009 results in a classification as a zone D withdrawal, the

accounting benchmark shall be reset at the beginning point for zone

C withdrawals. If there is not a zone C for the classification of

the stream reach, the water withdrawal accounting benchmark shall

be reset at the beginning point for zone B withdrawals.

Sec. 32728. (1) ~~This part shall not be construed as affecting,~~

~~intending to affect, or in any way altering or interfering with~~

~~common law water rights or the applicability of other laws~~

~~providing for the protection of natural resources or the~~

~~environment.~~ This part shall not be construed as affecting,

intending to affect, or in any way altering or interfering with

common law water rights or property rights or the applicability of

other laws providing for the protection of natural resources or the

environment or limit, waive, cede, or grant any rights or interest

that the state possesses as sovereign for the people of the state

in the waters or natural resources of the state.

(2) This part does not limit the right of a person whose

interests have been or will be adversely affected to institute

proceedings in circuit court against any person to protect such

interests.

(3) Except as specifically authorized under this part, this

part does not authorize the promulgation of rules.

Sec. 32729. Except as specifically authorized under this part,

this part does not authorize the assessment of fees.

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.

(d) Senate Bill No. 858.

(e) Senate Bill No. 859.

(f) House Bill No. 4343.

(g) House Bill No. 5065.

(h) House Bill No. 5066.

(i) House Bill No. 5067.

(j) House Bill No. 5069.

(k) House Bill No. 5073.