July 25, 2007, Introduced by Reps. Warren, Alma Smith, Sak, Byrnes, LeBlanc, Vagnozzi, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan, Robert Jones, Clack, Bauer, Simpson, Donigan, Valentine, Meadows, McDowell, Miller, Melton, Young, 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 section 32722 (MCL 324.32722), as added by 2006 PA 33;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32722. (1) By February 28, 2008, the department shall
make available through its internet web page a water withdrawal
assessment tool to educate the public on potential resource impacts
of a water withdrawal, to indicate whether or not a water
withdrawal is likely to cause an adverse resource impact, and to
facilitate registration of a proposed water withdrawal as required
by section 32705.
(2) A person may begin a new or increased large quantity
withdrawal after the water withdrawal assessment tool becomes
effective if 1 of the following applies:
(a) The withdrawal is registered after the withdrawal
assessment tool has indicated that the withdrawal is not likely to
cause an adverse resource impact.
(b) The withdrawal is registered after the department
determines, using site-specific flow and other readily available
information, that a withdrawal is not likely to cause an adverse
resource impact.
(c) The withdrawal receives a permit under section 32723.
(3) There is a rebuttable presumption that a new or increased
large quantity withdrawal that is registered or permitted in
accordance with subsection (2) is not likely to cause an adverse
resource impact in violation of section 32721.
(4) A person considering a new or increased large quantity
withdrawal may use the water withdrawal assessment tool to indicate
whether or not the withdrawal is likely to cause an adverse
resource impact. Alternatively, a person considering a new or
increased large quantity withdrawal may request that the department
use the water withdrawal assessment tool for that purpose and
register that person under section 32705. The department may
establish a fee, not to exceed $150.00, for such a request.
(5) A person may seek a determination from the department
pursuant to subsection (2)(b) that a new or increased large
quantity withdrawal is not likely to cause an adverse resource
impact for purposes of registration by submitting information on a
form developed by the department and a fee in an amount established
by the department not to exceed $500.00.
(6) The department, in conjunction with the department of
natural resources, shall update the water withdrawal assessment
tool at least annually to maintain the assessment tool and to
incorporate any data or methods for processing data that will help
improve its ability to predict impacts from proposed water
withdrawals.
(7) If according to the water withdrawal assessment tool a
portion of the state is consistently shown to be at risk for
adverse resource impacts, the department may designate that area as
a sensitive water resource. After the department designates an area
as a sensitive water resource, the department may modify water
withdrawal permits that affect the water resource and may require
permits for a new or increased large quantity withdrawal within the
area.
(8)
(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 February 28,
2008, there is a rebuttable
presumption that a new or increased large quantity 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 stream.
(b) The withdrawal depth of the well is at least 150 feet.
(9) (2)
A presumption under subsection (1)
(3) or (8) 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.
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.____ 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. 5066(request no.
02362'07).
(d) Senate Bill No.____ or House Bill No. 5067(request no.
02363'07).
(e) Senate Bill No.____ or House Bill No. 5068(request no.
02364'07).
(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).