Bill Text: MI SB1181 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Water supply: conservation; limits on water withdrawals under part 327 of the natural resources and environmental protection act; amend. Amends secs. 32707 & 32723 of 1994 PA 451 (MCL 324.32707 & 324.32723) & adds sec. 32707a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-04 - Referred To Committee On Energy And Environment [SB1181 Detail]
Download: Michigan-2023-SB1181-Introduced.html
SENATE BILL NO. 1181
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32707 and 32723 (MCL 324.32707 and 324.32723), section 32707 as amended by 2008 PA 182 and section 32723 as amended by 2008 PA 180, and by adding section 32707a.
the people of the state of michigan enact:
Sec. 32707. (1) Except as provided in subsections (2) and (3), by April 1 each year, a person who that 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 must 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(a) The amount and rate of water withdrawn on an annual and monthly basis.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(c) The use or uses of the water withdrawn.
(d) The amount of consumptive use of water withdrawn.
(e) If the source of the water withdrawn is groundwater, the location of the well or wells in latitude and longitude, with the accuracy of the reported location data to within 25 feet.
(f) If the source of water withdrawn is groundwater, the static water level of the aquifer or aquifers, if practicable.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.
(i) At the discretion of the registrant or permit holder, the amount of water returned to the source watershed.
(j) Beginning in 2010, an acknowledgment that the registrant has reviewed applicable environmentally sound and economically feasible water conservation measures prepared under section 32708a.
(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 on approval of the department, satisfies the reporting requirements of this section.
(3) The owner of a farm who that reports water use under section 32708 is not required to report under subsection (1).
(4) The department may, upon on 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(d)(i)(B) 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 must 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 that files an annual report or notification under this section shall annually remit a water use reporting fee of $200.00 $1.00 per centum cubic foot of water withdrawn annually, as reported under subsection (1)(a), to the department. Water The water use reporting fees shall fee must 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 that 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 that 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. 32707a. If a person that holds a permit under section 32723 proposes to increase withdrawal capacity beyond the amount reported in the most recent annual report submitted under section 32707(1) and the proposed increase will result in necessary infrastructure improvements to accommodate an increased withdrawal capacity, the person that holds the permit shall not pass on to the public any costs associated with the infrastructure improvements.
Sec. 32723. (1) Except as provided in subsection (13), all of the following persons shall obtain a water withdrawal permit prior to before making the a water withdrawal:
(a) A person who that proposes to develop withdrawal capacity to make a new withdrawal of more than 2,000,000 gallons of water per day from the waters of the state to supply a common distribution system.
(b) A person who that proposes to develop increased withdrawal capacity beyond baseline capacity of more than 2,000,000 gallons of water per day from the waters of the state to supply a common distribution system.
(c) A person who that proposes to develop withdrawal capacity to make a new or increased large quantity withdrawal of more than 1,000,000 gallons of water per day from the waters of the state to supply a common distribution system that a site-specific review has determined is a zone C withdrawal.
(d) A person who that proposes to develop a new or increased withdrawal capacity that will result in an intrabasin transfer of more than 100,000 gallons per day average over any 90-day period.
(2) A person shall apply for a water withdrawal permit under this section by submitting an application to the department containing that contains the information described in section 32706c(1)(a) to (e) 32706c(4) and an evaluation of existing hydrological and hydrogeological conditions. If the applicant proposes to undertake a preventative measure along with the withdrawal, the property owner applicant shall provide the department with a detailed description of the preventative measure and relevant information as to how the preventative measure will be implemented. In addition, the applicant shall submit an application fee in the amount of $2,000.00. The department shall transmit application fees collected under this section to the state treasurer to be credited to the water use protection fund created in section 32714.
(3) An application submitted under subsection (2) is considered to be administratively complete effective 30 days after it is received by the department unless the department notifies the applicant, in writing, during this 30-day period that the application is not administratively complete or that the application fee required to be accompanied with the application under subsection (2) has not been paid. If the department determines that the application is not administratively complete, the notification shall must specify the information necessary to make the application administratively complete. If the department notifies the applicant as provided in this subsection, the 30-day period is tolled until the applicant submits to the department the specified information or application fee.
(4) The department shall provide public notification of its receipt of applications under this section and shall provide a public comment period of not less than 45 days before applications are acted upon on under subsection (5).
(5) The department shall make a decision whether to grant or deny a water withdrawal permit under this section within 120 days of after receipt of an administratively complete application.
(6) The department shall issue a water withdrawal permit under subsection (1)(a), (b), or (c) if all of the following conditions are met:
(a) All water withdrawn, less any consumptive use, is returned, either naturally or after use, to the source watershed.
(b) The withdrawal will be implemented so as to ensure that the proposal will result in no individual or cumulative adverse resource impacts. Cumulative The department shall evaluate cumulative adverse resource impacts under this subdivision shall be evaluated by the department based upon on available information gathered by the department.
(c) Subject to section 32726, the withdrawal will be implemented so as to ensure that it is in compliance with all applicable local, state, and federal laws as well as all legally binding regional interstate and international agreements, including the boundary waters treaty of 1909.
(d) The proposed use is reasonable under common law principles of water law in Michigan.this state.
(e) For permit applications received on or after January 1, 2009, the applicant has self-certified that he or she the applicant is in compliance with environmentally sound and economically feasible water conservation measures developed by the applicable water user's sector under section 32708a or has self-certified that he or she the applicant is in compliance with environmentally sound and economically feasible water conservation measures developed for the water use associated with that specific withdrawal.
(f) The department determines that the proposed withdrawal will not violate public or private rights and limitations imposed by Michigan water law laws or other Michigan common law duties applicable in this state.
(g) The withdrawal does not exceed 2,000,000 gallons per day.
(7) The department shall issue a water withdrawal permit under subsection (1)(d) if the transfer complies with section 4.9 of the compact.
(8) In reviewing a proposed preventative measure, the department shall consider the effect of the preventative measure on preventing an adverse resource impact by diminishing the effect of the withdrawal on stream or river flow or the temperature regime of the stream or river. If the department approves a preventative measure in conjunction with a water withdrawal permit under this section, the department shall enter into a legally enforceable implementation schedule for completion of the preventative measure.
(9) A proposed use for which a water withdrawal permit is issued under this section shall must be considered to satisfy the requirements of section 4.11 of the compact.
(10) A permit issued under part 31 pursuant to in accordance with 33 USC 1326(b) shall be is considered sufficient to demonstrate that there will not be an adverse resource impact under section 32721 and satisfies the conditions for a water withdrawal permit under this section. Upon On receipt of an application under this section and evidence that the applicant holds a part 31 permit described in this subsection, the department shall grant the applicant a water withdrawal permit under this subsection.
(11) The department may revoke a water withdrawal permit issued under this section if the department determines following a hearing, based upon on clear and convincing scientific evidence, that the withdrawal is causing an adverse resource impact.
(12) A person who that is aggrieved by a determination of the department under this section related to a water withdrawal permit may file a sworn petition with the department setting forth the grounds and reasons for the complaint and asking for a contested case hearing on the matter pursuant to in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A petition filed more than 60 days after action on the water withdrawal permit may be rejected by the department as being untimely. The department shall issue a final decision on a petition for a contested case hearing within not later than 6 months after receiving the petition. A determination, action, or inaction by the department following a contested case hearing is subject to judicial review as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(13) The following withdrawals are not required to obtain a water withdrawal permit under this section:
(a) A withdrawal by a community supply that holds a permit under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
(b) Seasonal withdrawals of not more than 2,000,000 gallons of water per day average in any consecutive 90-day period to supply a common distribution system unless the withdrawals result in a diversion.
(c) A withdrawal for the production of bottled drinking water approved by the department under a water source review conducted under in accordance with section 17 of the safe drinking water act, 1976 PA 399, MCL 325.1017.
