October 29, 2007, Introduced by Senators BIRKHOLZ, VAN WOERKOM, PATTERSON, SANBORN, RICHARDVILLE, JANSEN, GEORGE, PAPPAGEORGE, ALLEN, KAHN, CROPSEY, HARDIMAN, GARCIA, JELINEK, GILBERT and BISHOP and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32701, 32705, 32706, 32707, 32709, 32710,
32721, 32722, 32724, and 32725 (MCL 324.32701, 324.32705,
324.32706, 324.32707, 324.32709, 324.32710, 324.32721, 324.32722,
324.32724, and 324.32725), sections 32701 and 32707 as amended and
sections 32721, 32722, and 32724 as added by 2006 PA 33, section
32705 as amended by 2006 PA 35, section 32706 as amended by 1996 PA
434, sections 32709 and 32710 as added by 1995 PA 59, and section
32725 as added by 2006 PA 36, and by adding sections 32706a,
32706b, and 32706c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32701. As used in this part:
(a) "Adverse resource impact" means either of the following:
(i) Decreasing the flow of a stream by part of the index flow
such
that the stream's ability to support characteristic fish
populations
is functionally impaired. as
follows:
(A) For a cold-water stream, the withdrawal will result in a
5% or more reduction in populations of thriving fish.
(B) For a warm-water stream, the withdrawal will result in a
20% or more reduction in populations of characteristic fish.
(C) For streams that are not cold-water streams or warm-water
streams, the withdrawal will result in a 10% or more reduction in
populations of characteristic fish.
(ii) Decreasing the level of a body of surface water such that
the body of surface water's ability to support characteristic fish
populations is functionally impaired.
(b) "Agricultural purpose" means the agricultural production
of plants and animals useful to human beings and includes, but is
not limited to, forages and sod crops, grains and feed crops, field
crops, dairy animals and dairy products, poultry and poultry
products, cervidae, livestock, including breeding and grazing,
equine, fish and other aquacultural products, bees and bee
products, berries, herbs, fruits, vegetables, flowers, seeds,
grasses, nursery stock, trees and tree products, mushrooms, and
other similar products, or any other product, as determined by the
commission of agriculture, that incorporates the use of food, feed,
fiber, or fur.
(c) "Assessment tool" means the water withdrawal assessment
tool provided for in section 32706a.
(d) (c)
"Baseline capacity" means
either of the following:
(i) The following applicable withdrawal capacity as reported to
the department or the department of agriculture, as appropriate, by
the person making the withdrawal in the April 1, 2007 annual report
submitted under section 32707 or in the April 1, 2007 water use
conservation plan submitted under section 32708:
(A) For a community supply, the total designed withdrawal
capacity for the community supply under the safe drinking water
act,
1976 PA 399, MCL 325.1001 to 325.1023, on the effective date
of
the amendatory act that added this subparagraph February 28,
2006.
(B) Unless reported under a different provision of this
subparagraph, for a quarry or mine that holds an authorization to
discharge under part 31 that includes a discharge volume, the
discharge
volume stated in that authorization on the effective date
of
the amendatory act that added this subparagraph February 28,
2006.
(C) The system capacity used or developed to make a withdrawal
on
the effective date of the amendatory act that added this
subparagraph
February 28, 2006, if the system capacity and a
description of the system capacity are included in an annual report
that is submitted under this part.
(ii) If the person making the withdrawal does not report under
subparagraph (i), the highest annual amount of water withdrawn as
reported under this part for calendar year 2002, 2003, 2004, or
2005. However, for a person who is required to report by virtue of
the 2007 amendments to section 32705(2)(d), baseline capacity means
the amount reported in the April 1, 2008 annual report submitted
under section 32707.
(e) "Characteristic fish" means fish species, including
thriving fish, typically found in streams with specific flow and
temperature characteristics.
(f) "Cold transitional stream" means a stream where a
withdrawal that reduces the index flow by 10% or less is likely to
cause an adverse resource impact.
(g) "Cold-water stream" means a stream with a July weekly mean
temperature of less than or equal to 18 degrees Celsius.
(h) (d)
"Community supply" means
that term as it is defined in
section 2 of the safe drinking water act, 1976 PA 399, MCL
325.1002.
(i) "Compact" means the Great Lakes-St. Lawrence river basin
water resources compact provided for in part 342.
(j) (e)
"Consumptive use" means
that portion of water
withdrawn or withheld from the Great Lakes basin and assumed to be
lost or otherwise not returned to the Great Lakes basin due to
evaporation, incorporation into products or agricultural products,
use as part of the packaging of products or agricultural products,
or other processes. Consumptive use includes a withdrawal of waters
of the Great Lakes basin that is packaged within the Great Lakes
basin in a container of 5.7 gallons (20 liters) or less.
(k) "Council" means the Great Lakes-St. Lawrence river basin
water resources council created in the compact.
(l) (f)
"Department" means the
department of environmental
quality.
(m) (g)
"Designated trout stream"
means a trout stream
identified on the document entitled "Designated Trout Streams for
the State of Michigan", as issued under order of the director of
the department of natural resources, FO-210.04, on October 10,
2003.
(n) (h)
"Diverted" means a transfer of water by pipeline,
canal,
tunnel, aqueduct, channel, modification of the direction of
a
watercourse, tanker ship, tanker truck, rail tanker, or similar
means
from the Great Lakes basin into a watershed outside of the
Great
Lakes basin. Diverted "Diversion"
means a transfer of water
from the Great Lakes basin into another watershed, or from the
watershed of 1 of the Great Lakes into that of another by any means
of transfer, including, but not limited to, a pipeline, canal,
tunnel, aqueduct, channel, modification of the direction of a water
course, a tanker ship, tanker truck, or rail tanker but does not
apply to water that is used in the Great Lakes basin or a Great
Lake watershed to manufacture or produce a product that is then
transferred out of the Great Lakes basin or watershed. Diverted has
a corresponding meaning. Diversion includes a transfer of water
withdrawn from the waters of the Great Lakes basin that is removed
from the Great Lakes basin in a container greater than 5.7 gallons
(20
liters). Diverted Diversion
does not include any of the
following:
(i) A consumptive use.
(ii) The supply of vehicles, including vessels and aircraft,
whether for the needs of the persons or animals being transported
or for ballast or other needs related to the operation of vehicles.
(iii) Use in a noncommercial project on a short-term basis for
firefighting, humanitarian, or emergency response purposes.
(o) (i)
"Environmentally sound and
economically feasible water
conservation measures" means those measures, methods, technologies,
or practices for efficient water use and for reduction of water
loss and waste or for reducing a withdrawal, consumptive use, or
diversion that meet all of the following:
(i) Are environmentally sound.
(ii) Reflect best practices applicable to the water use sector.
(iii) Are technically feasible and available.
(iv) Are economically feasible and cost-effective based on an
analysis that considers direct and avoided economic and
environmental costs.
(v) Consider the particular facilities and processes involved,
taking into account the environmental impact, age of equipment and
facilities involved, the process employed, energy impacts, and
other appropriate factors.
(p) (j)
"Farm" means that term as
it is defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(q) "Flow-based safety factor" means a protective measure of
the assessment tool's screening mode that reduces the portion of
stream-specific index flow available for a withdrawal to 1/2 of the
stream-specific index flow for the purpose of minimizing the risk
of adverse resource impacts caused by statistical uncertainty.
(r) (k)
"Generally accepted water
management practices" means
standards or guidelines for water use that ensure water is used
efficiently.
(s) "Great Lakes" means Lakes Superior, Michigan and Huron,
Erie, and Ontario and their connecting waterways including the St.
Marys river, Lake St. Clair, the St. Clair river, and the Detroit
river. For purposes of this definition, Lakes Huron and Michigan
shall be considered a single Great Lake.
(t) (l) "Great Lakes
basin" means the watershed of the Great
Lakes and the St. Lawrence river.
(u) (m)
"Great Lakes
charter" means the document establishing
the principles for the cooperative management of the Great Lakes
water resources, signed by the governors and premiers of the Great
Lakes region on February 11, 1985.
(v) (n)
"Great Lakes
region" means the geographic region
composed of the states of Illinois, Indiana, Michigan, Minnesota,
New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania,
and the provinces of Ontario and Quebec, Canada.
(w) (o)
"Index flow" means the
50% exceedance flow for the
lowest flow month of the flow regime, for the applicable stream
reach, as determined over the period of record or extrapolated from
analyses of the United States geological survey stream flow gauges
in Michigan.
(x) "Lake augmentation well" means a water well used to
withdraw groundwater for the purpose of maintaining or raising
water levels of an inland lake or stream as defined in section
30101.
(y) (p)
"Large quantity
withdrawal" means 1 or more cumulative
total withdrawals of over 100,000 gallons of water per day average
in any consecutive 30-day period that supply a common distribution
system.
(z) (q)
"New or increased large
quantity withdrawal" means a
new water withdrawal of over 100,000 gallons of water per day
average in any consecutive 30-day period or an increase of over
100,000 gallons of water per day average in any consecutive 30-day
period beyond the baseline capacity of a withdrawal.
(aa) (r)
"New or increased withdrawal
capacity" means new or
additional water withdrawal capacity to supply a common
distribution system that is an increase from the person's baseline
capacity. New or increased capacity does not include maintenance or
replacement of existing withdrawal capacity.
(bb) "Online registration process" means the online
registration process provided for in section 32706.
(cc) (s)
"Political subdivision"
means that term as it is
defined in section 2 of the safe drinking water act, 1976 PA 399,
MCL 325.1002.
(dd) (t)
"Registrant" means a
person who registers water
withdrawal capacity under this part.
(ee) "Screening mode" means an operation of the water
withdrawal assessment tool that uses modeled stream flow data and
the capacity for the withdrawal, and incorporates into its
determination a flow-based safety factor. The screening mode shall
be designed to determine, with a flow-based safety factor, whether
a withdrawal is a zone A, zone B, zone C, or zone D withdrawal and
whether the withdrawal is likely to cause an adverse resource
impact.
(ff) "Site-specific mode" means an operation of the water
withdrawal assessment tool that uses site-specific data and does
not incorporate into its determination a flow-based safety factor.
The site-specific mode shall be designed to determine, based upon
site-specific data, whether a withdrawal is a zone A, zone B, zone
C, or zone D withdrawal and whether the withdrawal is likely to
cause an adverse resource impact.
(gg) "Site-specific review" means the department's use of the
site-specific mode under section 32706c to determine whether a
withdrawal is likely to cause an adverse resource impact.
(hh) "Source watershed" means the watershed from which a
withdrawal originates. If water is withdrawn directly from a Great
Lake, then the source watershed shall be considered to be the
watershed of that Great Lake and its connecting waterways. If water
is withdrawn from the watershed of a stream that is a direct
tributary to a Great Lake, then the source watershed shall be
considered to be the watershed of that Great Lake and its
connecting waterways, with a preference for returning water to the
direct tributary stream watershed from which it was withdrawn.
(ii) "Thriving fish" means fish species that flourish in
streams with specific flow and temperature characteristics.
(jj) "Warm-water stream" means a stream with a July weekly
mean temperature greater than or equal to 22 degrees Celsius.
(kk) (u)
"Waters of the Great Lakes
basin" means the Great
Lakes and all streams, rivers, lakes, connecting channels, and
other bodies of water, including groundwater, within the Great
Lakes basin.
(ll) (v)
"Waters of the state"
means groundwater, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the territorial boundaries of the
state. Waters of the state do not include drainage ways and ponds
designed and constructed solely for wastewater conveyance,
treatment, or control.
(mm) (w)
"Withdrawal" means the removal
of water from its
source
for any purpose, other than for hydroelectric generation at
sites
certified, licensed, or permitted by the federal energy
regulatory
commission taking of water
from surface water or
groundwater.
(nn) "Zone A withdrawal" means a withdrawal as determined by
the assessment tool that will result in less than a 10% reduction
in populations of thriving fish in a stream and is not likely to
cause an adverse resource impact.
(oo) "Zone B withdrawal" means a withdrawal as determined by
the assessment tool that will result in less than a 20% reduction
in populations of thriving fish in a stream, is not a zone A
withdrawal, and is not likely to cause an adverse resource impact.
(pp) "Zone C withdrawal" means a withdrawal as determined by
the assessment tool that is not a zone A or a zone B withdrawal and
is not likely to cause an adverse resource impact.
(qq) "Zone D withdrawal" means a withdrawal as determined by
the assessment tool that is likely to cause an adverse resource
impact.
Sec. 32705. (1) Except as otherwise provided in this section,
the
owner of real property who has the intends to develop capacity
on that property to make a large quantity withdrawal from the
waters of this state shall register with the department after using
the assessment tool and prior to beginning that withdrawal. A
registration under this section may be made using the online
registration process.
(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 required
to obtain a permit under section
32723.
(d) The owner of a noncommercial well located on single-family
residential property unless that well is a lake augmentation well.
(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
May 29, 2006:
(a) A person who was developing new or increased withdrawal
capacity
on the effective date of the amendatory act that added
this
section February 28, 2006.
(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
February 28, 2006.
(4) A person who is required to register by virtue of the 2007
amendments to subsection (2)(d) shall register under this part
within 90 days after the effective date of the 2007 amendatory act
that amended this section.
(5) (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.
(6) (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.
(6)
A registration submitted under this section shall be on a
form
provided by the department or the department of agriculture,
as
appropriate.
(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.
(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. (1) The department shall develop and implement an
internet-based online registration process that may be used for
registrations under section 32705. The online registration process
shall be designed to work in conjunction with the assessment tool.
(2) Each registration under this part shall consist
of a
include both of the following:
(a) A statement and supporting documentation that includes all
of the following:
(i) (a)
The place and source of the
proposed or existing
withdrawal.
(ii) (b)
The location of any discharge or
return flow.
(iii) (c)
The location and nature of the
proposed or existing
water user.
(iv) The capacity of the equipment used for making the
withdrawal.
(v) (d)
The actual or estimated average
annual and monthly
volumes and rate of withdrawal.
(vi) (e)
The actual or estimated average
annual and monthly
volumes and rates of consumptive use from the withdrawal.
(b) For a new or increased withdrawal, the determination from
the use of the assessment tool under section 32706b, the
determination from the site-specific review under section 32706c,
or the department's determination under section 32724.
Sec. 32706a. (1) The department shall develop and implement an
internet-based water withdrawal assessment tool based upon the
recommendations of the groundwater conservation advisory council
created in section 32803. The assessment tool shall be designed to
operate in 2 modes, a screening mode and a site-specific mode.
(2) The screening mode shall be designed to 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.
(c) The withdrawal source, whether surface water or
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 continuous or seasonal.
(3) In addition to the fields provided in subsection (2), the
site-specific mode shall be designed to allow the user to enter the
following data related to a proposed withdrawal:
(a) The intended maximum monthly and annual volumes and rates
of the withdrawal, if different from the capacity of the equipment
used for making the withdrawal.
(b) If the amount and rate of the intended withdrawal will
have seasonal fluctuations, the relevant information related to the
seasonal use of the withdrawal.
(c) The amount and rate of any return flow.
(d) Actual stream flow data from the affected stream as
opposed to modeled data.
(4) The assessment tool, both in screening mode and in site-
specific mode, 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, both in screening mode and in site-
specific mode, shall be designed to work in conjunction with the
online registration process for zone A and zone B withdrawals and
shall also allow operation independent of the online registration
process.
(6) On an ongoing basis, the department shall add data to the
assessment tool's database from reports submitted under sections
32707 and 32708, permits issued under section 32723, and other
sources of data regarding the waters of the state.
Sec. 32706b. (1) Prior to registering a withdrawal under
section 32706, the property owner shall utilize the assessment tool
by entering the data related to the proposed withdrawal into the
screening mode.
(2) Upon entry of the data under subsection (1), the
assessment tool shall indicate to the user whether or not the
withdrawal is likely to cause an adverse resource impact and
whether the withdrawal falls into the category of zone A, zone B,
zone C, or zone D.
(3) Except as otherwise provided in this subsection, if the
assessment tool designates a withdrawal as a zone A or a zone B
withdrawal, the property owner may register the withdrawal and
proceed to make the withdrawal. Upon registration, the withdrawal
is afforded the presumption provided for in section 32722. However,
if the capacity to make the withdrawal is not developed within 1
year after registration, the presumption is not valid. If the
assessment tool designates a withdrawal affecting a cold
transitional stream as a zone B withdrawal, the property owner
shall not proceed with registration or with the withdrawal unless a
site-specific review by the department under section 32706c
confirms that the withdrawal will not cause an adverse resource
impact.
(4) If the assessment tool designates a withdrawal as a zone C
or a zone D withdrawal, the property owner shall not register the
withdrawal or make the withdrawal unless the department determines,
based upon a site-specific review under section 32706c, that the
withdrawal will not cause an adverse resource impact.
Sec. 32706c. (1) If the screening mode determines that a
withdrawal is a zone C or zone D withdrawal or is a zone B
withdrawal affecting a cold transitional stream, prior to
registering and making the withdrawal, the property owner shall
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 intended maximum monthly and annual volumes and rates
of the withdrawal, if different from the capacity of the equipment
used for making the withdrawal.
(b) If the amount and rate of the intended withdrawal will
have seasonal fluctuations, the relevant information related to the
seasonal use of the withdrawal.
(c) The amount and rate of any return flow.
(2) Upon receipt of a request for a site-specific review, the
department shall enter the data submitted with the request along
with the actual stream flow data of any affected stream or stream
segment into the site-specific mode. If the department determines,
based upon a site-specific review, that the 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. Upon
registration, the property owner is afforded the presumption
provided in section 32722 under the conditions for which the
determination was made.
(3) If the department determines, based upon a site-specific
review, that the withdrawal is a zone C 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. However, the property owner shall, when he or she
registers the withdrawal, self-certify that he or she is in
compliance with generally accepted water management practices or
environmentally sound and economically feasible water conservation
measures developed by the applicable water user's sector under
section 32708a. Upon registration, the property owner is afforded
the presumption in section 32722 under the conditions for which the
determination was made.
(4) If the department determines, based upon a site-specific
review, that a withdrawal is a zone C withdrawal, the department
shall initiate the formation of a water users committee under
section 32725 unless a water users committee already exists for
that watershed.
(5) If the department determines, based upon a site-specific
review, that the withdrawal is a zone D withdrawal, the property
owner shall not register the withdrawal and shall not make the
withdrawal unless he or she petitions the department under section
32724 for a hydrogeological analysis and the department determines
on the basis of that analysis that the withdrawal is not likely to
cause an adverse resource impact.
(6) The department shall make a determination under this
section within 30 days of its receipt of the information submitted
under subsection (1).
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 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) Other information specified by rule of the department.
(h) At the discretion of the registrant or permit holder, 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 shall be included in the next report
submitted
by the registrant or permit holder after the effective
date
of the amendatory act that added this subdivision. Information
reported
under this subdivision needs only to be reported to the
department
on 1 occasion.
(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 satisfies 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)
32701(d)(i)(C) that is provided to the department under subsection
(1)(h) 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 $100.00 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. 32709. The department may contract for the preparation
and
distribution of informational materials to persons who withdraw
water
for irrigation or industrial purposes regarding the members
of the public related to any of the following:
(a)
The purposes, benefits, and
requirements of this part. ,
and
may also provide information
(b)
Information on complying with the
registration program
requirement of this part and on any general or applicable methods
for calculating or estimating water withdrawals or consumptive
uses.
Sec. 32710. The department shall do all of the following:
(a) Cooperate with the states and provinces in the Great Lakes
region to develop and maintain a common base of information on the
use and management of the water of the Great Lakes basin and to
establish systematic arrangements for the exchange of this
information.
(b) Collect and maintain information regarding the locations,
types, and quantities of water use, including water withdrawals and
consumptive uses, in a form that the department determines is
comparable to the form used by other states and provinces in the
Great Lakes region.
(c) Collect, maintain, and exchange information on current and
projected future water needs with the other states and provinces in
the Great Lakes region.
(d) Cooperate with other states and provinces in the Great
Lakes region in developing a long-range plan for developing,
conserving, and managing the water of the Great Lakes basin.
(e) Participate in the development of a regional consultation
procedure for use in exchanging information on the effects of
proposed water withdrawals and consumptive uses from the Great
Lakes basin.
(f) Develop procedures for notifying water users and potential
water users of the requirements of this part.
(g) Upon receipt of an assessment tool determination of a zone
B, a zone C, or a zone D withdrawal, or an assessment tool
determination that a withdrawal will reduce the population of
thriving fish in a cold-water stream by more than 1%, notify the
conservation district and any regional planning agency with
jurisdiction over the location of the proposed withdrawal.
Sec. 32721. (1) A person shall not make a new or increased
large quantity withdrawal from the waters of the state that causes
an adverse resource impact to a designated trout stream.
(2)
Beginning 2 years after the effective date of the
amendatory
act that added this section February
28, 2008, a person
shall not make a new or increased large quantity withdrawal from
the waters of the state that causes an adverse resource impact.
(3) This section does not apply to the baseline capacity of a
large quantity withdrawal or a well capable of making a large
quantity
withdrawal. that existed on the effective date of the
amendatory
act that added this section.
(4) This section does not apply to a withdrawal that is
utilized solely for fire suppression.
Sec.
32722. (1) Until a water withdrawal If the assessment
tool
becomes effective upon legislative enactment pursuant to the
recommendations
of the groundwater conservation advisory council
under
section 32803 determines that
a withdrawal is not likely to
cause an adverse resource impact, there is a rebuttable presumption
that
a new or increased large quantity the withdrawal under the
conditions that were the basis of the assessment tool's
determination 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.
(2) If the department determines, based upon a site-specific
review, that a withdrawal is not likely to cause an adverse
resource impact, there is a rebuttable presumption that the
withdrawal under the conditions that were the basis of the
department's determination will not cause an adverse resource
impact in violation of section 32721.
(3) If the department determines under section 32724 that a
withdrawal is not likely to cause an adverse resource impact, there
is a rebuttable presumption that the withdrawal will not cause an
adverse resource impact in violation of section 32721.
(4) (2)
A presumption under subsection
(1) this section 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.
Sec.
32724. (1) A person who intends to make Upon petition by
the owner of real property, the department shall conduct a
hydrogeological analysis to determine whether a new or increased
large quantity withdrawal on that property, for which a permit is
not
required under section 32723, may petition the department for a
determination
that the new or increased withdrawal is not is likely
to cause an adverse resource impact.
(2) A petition under subsection (1) shall be submitted on a
form
provided by the department. A report shall be submitted The
petitioner
shall submit with the petition containing
the
information described in section 32706 and an evaluation of
environmental, hydrological, and hydrogeological conditions that
exist and the predicted effects of the intended withdrawal that
provides a reasonable basis for the determination to be made. If
the petitioner wishes to propose that restorative measures be
considered in conjunction with the determination, the petitioner
may submit any other information related to those restorative
measures. The petitioner shall also include with the petition a fee
of $5,000.00. 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.
(3) A petition is considered to be administratively complete
effective 30 days after it is received by the department unless the
department notifies the petitioner, in writing, during this 30-day
period that the petition is not administratively complete or that
the fee required to be accompanied with the petition has not been
paid. If the department determines that the petition is not
administratively complete, the notification shall specify the
information necessary to make the petition administratively
complete. If the department notifies the petitioner as provided in
this subsection, the 30-day period is tolled until the petitioner
submits to the department the appropriate information or fee.
(4) Within 120 days after receipt of an administratively
complete petition, the department shall issue a written
determination
to the petitioner that does either 1 of the
following:
(a) Affirms that the proposed withdrawal is not likely to
cause an adverse resource impact.
(b) Affirms that the proposed withdrawal along with the
implementation of restorative measures is not likely to cause an
adverse resource impact.
(c) (b)
Specifies the reasons that an
affirmative
determination under subdivision (a) cannot be made and, if
appropriate, states how the petitioner can meet the criteria to
obtain an affirmative determination.
(5)
In making a determination under subsection (4) with regard
to
a community supply owned by a political subdivision, the
department
shall consider the factors provided in section 4(4)(a)
and
(b) of the safe drinking water act, 1976 PA 399, MCL 325.1004.
(5) If the department approves restorative measures under
subsection (4)(b), the department shall establish an implementation
schedule for completion of the restorative measures.
(6) Upon receipt of a determination under subsection (4)(a) or
(b), the property owner may register the withdrawal and may proceed
to make the withdrawal. However, the property owner shall, at the
time he or she registers the withdrawal, self-certify that he or
she is in compliance with generally accepted water management
practices or environmentally sound and economically feasible water
conservation measures developed by the applicable water user's
sector under section 32708a. Additionally, unless a water users
committee already exists for the watershed, the department shall
initiate the formation of a water users committee under section
32725.
(7) (6)
A water withdrawal with regard to
which an affirmative
determination is issued under this section shall be presumed not to
create an adverse resource impact. A presumption under this
subsection may be rebutted by a preponderance of evidence that the
withdrawal has caused or is likely to cause an adverse resource
impact.
(8) The department may revoke a determination of the
department issued under this section if the department determines,
following a hearing, based upon clear and convincing scientific
evidence, that the withdrawal is causing an adverse resource
impact.
(9) (7)
The department shall submit a
report every 2 years to
the senate and house appropriations committees and to the standing
committees of the senate and house of representatives with
jurisdiction primarily related to natural resources and the
environment that identifies the costs to the department in
reviewing petitions under this section and in reviewing
applications for permits under section 32723. Additionally, the
report shall detail the revenues generated from petitions under
this section, permit applicants under section 32723, and reporting
fees under section 32707.
(10) As used in this section, "restorative measure" means an
action that will restore or improve stream hydrology, improve the
temperature gradient of a stream, improve fisheries-related
habitat, or otherwise prevent an adverse resource impact.
Sec. 32725. (1) All persons making large quantity withdrawals
within a watershed are encouraged to establish a water users
committee to evaluate the status of current water resources, water
use, and trends in water use within the watershed and to assist in
long-term water resources planning. A water users committee may be
composed of all registrants, water withdrawal permit holders, and
local government officials within the watershed.
(2) If the department determines based upon use of the
assessment tool or by other reasonable scientifically-based
evidence that adverse resource impacts are occurring or are likely
to occur from 1 or more large quantity withdrawals, the department
shall notify the water users committee in the watershed or shall
convene a meeting of all registrants and water withdrawal permit
holders within the watershed and shall attempt to facilitate an
agreement on voluntary measures that would prevent adverse resource
impacts.
(3) If, within 30 days after the department has notified the
water users committee or convened the meeting under subsection (2),
the registrants and water withdrawal permit holders are not able to
voluntarily agree to measures that would prevent adverse resource
impacts, the department may propose a solution that the department
believes would equitably resolve the situation and prevent adverse
resource impacts. The recommended solution is not binding on any of
the parties.
(4) The director may, without a prior hearing, order a person
holding a water withdrawal permit under section 32723 or a
determination under section 32724 to immediately restrict a
withdrawal if the director determines by clear and convincing
scientific evidence that there is a substantial and imminent threat
that the withdrawal is causing or is likely to cause an adverse
resource impact. The order shall specify the date on which the
withdrawal must be restricted and the date on which it may be
resumed. An order issued under this section shall remain in force
and effect for not more than 30 days and may be renewed for an
additional 30 days if the director determines by clear and
convincing scientific evidence that conditions continue to pose a
substantial and imminent threat that the withdrawal is causing or
is likely to cause an adverse resource impact. The order shall
notify the person that the person may request a contested case
hearing under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328. The hearing shall be held within 10
business days following the request, unless the permittee requests
a later date. As an alternative to requesting a contested case
hearing, a person subject to an order under this section may seek
judicial review of the order as provided in the revised judicature
act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(5) A registrant or water withdrawal permit holder may submit
a petition to the director alleging that adverse resource impacts
are occurring or are likely to occur from 1 or more water
withdrawals. The director shall either investigate the petition or
forward the petition to the director of the department of
agriculture if the water withdrawals are from an agricultural well.
The petition shall be in writing and shall include all the
information requested by the director or the director of the
department of agriculture, as appropriate.
(6) A person who submits more than 2 unverified petitions
under this section within 1 year may be ordered by the director to
pay for the full costs of investigating any third or subsequent
unverified petition. As used in this subsection, "unverified
petition" means a petition in response to which the director
determines that there is not reasonable evidence to suspect adverse
resource impacts.
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.____ or House Bill No.____ (request no.
01274'07 a *).
(c) Senate Bill No. 859.