July 25, 2007, Introduced by Reps. Meadows, Sak, Vagnozzi, LeBlanc, Bieda, Alma Smith, Byrnes, Wojno, Accavitti, Kathleen Law, Polidori, Constan, Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, McDowell, Miller, Melton, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32705, 32706, 32707, 32708, and 32708a (MCL
324.32705, 324.32706, 324.32707, 324.32708, and 324.32708a),
sections 32705 and 32708 as amended and section 32708a as added by
2006 PA 35, section 32706 as amended by 1996 PA 434, and section
32707 as amended by 2006 PA 33, and by adding section 32708b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32705. (1) Except as otherwise provided in this section,
the owner of real property who has the capacity on that property to
make a large quantity withdrawal from the waters of this state
shall register with the department prior to beginning that
withdrawal through use of the water withdrawal assessment tool
provided for in section 32722.
(2) The following persons are not required to register under
this section:
(a) A person who has previously registered for that property
under this part, unless that registrant develops new or increased
withdrawal capacity on the property of an additional 100,000
gallons of water per day from the waters of the state.
(b) A community supply owned by a political subdivision that
holds a permit under the safe drinking water act, 1976 PA 399, MCL
325.1001 to 325.1023.
(c) A person holding a permit under section 32723.
(d) The owner of a noncommercial well on residential property.
(3)
The following persons shall register under this section
but
may register after beginning the withdrawal but before 90 days
after
the effective date of the amendatory act that added this
section:
(a)
A person who was developing new or increased withdrawal
capacity
on the effective date of the amendatory act that added
this
section.
(b)
A person who was not required to register under this part
prior
to the effective date of the amendatory act that added this
section.
(3) (4)
Subsection (1) does not limit a
property owner's
ability to withdraw water from a test well prior to registration if
the test well is constructed in association with the development of
new or increased withdrawal capacity and used only to evaluate the
development of new or increased withdrawal capacity.
(4) (5)
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.
(5) (6)
A registration submitted under this
section shall be
on a form provided by the department or the department of
agriculture, as appropriate.
(6) (7)
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.
(7) (8)
The department shall aggregate
information received by
the state related to large quantity withdrawal capacities within
the state and reported large quantity withdrawals in the state.
Sec. 32706. Each registration under this part shall consist of
a statement and supporting documentation that includes all of the
following:
(a) The place and source of the proposed or existing
withdrawal.
(b) The location of any discharge or return flow.
(c) The location and nature of the proposed or existing water
user.
(d) Beginning on the effective date of the amendatory act that
added this subdivision, the capacity of the well or withdrawal
infrastructure.
(e) (d)
The actual or estimated average
annual and monthly
volumes and rate of withdrawal.
(f) (e)
The actual or estimated average
annual and monthly
volumes and rates of consumptive use from the withdrawal.
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 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) A certification that the person's current water use and
the person's proposed plans for withdrawal of water incorporate
environmentally sound and economically feasible water conservation
measures as provided for in section 32708a.
(h) (g)
Other information specified by rule
of the department.
(i) (h)
At the discretion of the registrant or permit holder,
the
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 Information
required under this
subdivision
shall be included in the next first report
submitted by
the
registrant or permit holder after the effective date of the
amendatory
act that added this subdivision February
28, 2006.
Information reported under this subdivision needs only to be
reported to the department on 1 occasion.
(j) (i)
At the discretion of the registrant
or permit holder,
the amount of water returned to the source watershed.
(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 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) that is
provided
to the department under subsection (1)(h) (1)(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 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.
(i)
At the discretion of the registrant, the 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
Information required under
this subdivision shall be
included
in the next first report submitted by the registrant after
the
effective date of the amendatory act that added this
subdivision
February 28, 2006. 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)
(1)(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 By January 1, 2008, each
water
user's sector shall begin designing prepare 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 By
July 1, 2008, the
department
shall review and report to the appropriate standing
committees
of the legislature on each
sector's environmentally
sound and economically feasible water conservation measures and
shall approve or disapprove those measures based upon whether or
not there are reasonably detailed criteria for assisting a facility
in
determining whether water is being used in an efficient manner
compliance
with those measures. Such guidelines
Guidelines approved
by the department under this subsection may be adopted by an
established statewide professional or trade association
representing that sector. If a water user's sector fails to prepare
guidelines for environmentally sound and economically feasible
water conservation measures by January 1, 2008, the department
shall promulgate rules that provide environmentally sound and
economically feasible water conservation measures for that sector.
The department shall review these rules at least every 5 years to
determine whether the rules should be updated and, if so, shall
promulgate updated rules.
(2) A person who makes a large quantity withdrawal shall use
the waters of the state in accordance with environmentally sound
and economically feasible water conservation measures provided for
under this section and shall return unused water to as close to the
point of withdrawal as possible.
(3) (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.
Sec. 32708b. A person who makes a large quantity withdrawal
shall undertake activities, if needed, to address hydrologic
impacts commensurate with the nature and extent of the withdrawal.
These activities may include those related to the stream flow
regime, water quality, and aquifer protection.
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.____ or House Bill No. 5073(request no.
00453'07 *).
(b) Senate Bill No.____ or House Bill No. 5065(request no.
02361'07).
(c) Senate Bill No.____ or House Bill No. 5067(request no.
02363'07).
(d) Senate Bill No.____ or House Bill No. 5068(request no.
02364'07).
(e) Senate Bill No.____ or House Bill No. 5069(request no.
02365'07).
(f) Senate Bill No.____ or House Bill No. 5070(request no.
02366'07).
(g) Senate Bill No.____ or House Bill No. 5071(request no.
02367'07).
(h) Senate Bill No.____ or House Bill No. 5072(request no.
02368'07).