June 27, 2007, Introduced by Senators CLARKE, BASHAM, JACOBS, ANDERSON, BRATER, SCOTT, HUNTER, THOMAS, SWITALSKI and SCHAUER and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32708 (MCL 324.32708), as amended by 2006 PA
35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
32708. (1) The owner of Except
as provided in subsection
(2),
if a farm that is registered under this
part who makes a has
the capacity to make a large quantity withdrawal for an
agricultural purpose, including irrigation for an agricultural
purpose, the owner of the farm 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(a) The amount and rate of water withdrawn on an annual and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(e) If the source of the water withdrawn is groundwater, the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(f) If the water withdrawn is not used entirely for
irrigation, the use or uses of the water withdrawn.
(g) If the source of water withdrawn is groundwater, the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 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
February 8, 2006. Information reported under this subdivision needs
only to be reported to the department of agriculture on 1 occasion.
(2) This section does not apply to a large CAFO as defined in
section 8603. A large CAFO required to register under section 32705
shall file a report annually in compliance with section 32707.
(3) (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.
(4) (3)
Subject to subsection (4) (5),
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.
(5) (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.
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. 614.
(b) Senate Bill No. 613.
(c) Senate Bill No. 612.
(d) Senate Bill No. 615.
(e) Senate Bill No. 616.
(f) Senate Bill No. 617.
(g) Senate Bill No. 618.
(h) Senate Bill No. 619.