NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
Part 327
GREAT LAKES PRESERVATION


324.32701 Definitions; retention of established baseline capacity.

Sec. 32701.

    (1) As used in this part:
    (a) "Adverse resource impact" means any of the following:
    (i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired.
    (ii) Beginning February 1, 2009, subject to subparagraph (vi), decreasing the flow of a cold river system by part of the index flow as follows:
    (A) For a cold stream, the withdrawal will result in a 3% or more reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (B) For a cold small river, the withdrawal will result in a 1% or more reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (iii) Beginning February 1, 2009, subject to subparagraph (vi), decreasing the flow of a cold-transitional river system by part of the index flow such that the withdrawal will result in a 5% or more reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (iv) Beginning February 1, 2009, subject to subparagraph (vi), decreasing the flow of a cool river system by part of the index flow as follows:
    (A) For a cool stream, the withdrawal will result in a 10% or more reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (B) For a cool small river, the withdrawal will result in a 15% or more reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (C) For a cool large river, the withdrawal will result in a 12% or more reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (v) Beginning February 1, 2009, subject to subparagraph (vi), decreasing the flow of a warm river system by part of the index flow as follows:
    (A) For a warm stream, the withdrawal will result in a 5% or more reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (B) For a warm small river, the withdrawal will result in a 10% or more reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (C) For a warm large river, the withdrawal will result in a 10% or more reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (vi) Beginning February 1, 2009, decreasing the flow of a stream or river by more than 25% of its index flow.
    (vii) Decreasing the level of a lake or pond with a surface area of 5 acres or more through a direct withdrawal from the lake or pond in a manner that would impair or destroy the lake or pond or the uses made of the lake or pond, including the ability of the lake or pond to support characteristic fish populations, or such that the ability of the lake or pond to support characteristic fish populations is functionally impaired. As used in this subparagraph, lake or pond does not include a retention pond or other artificially created surface water body.
    (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) "Baseline capacity", subject to subsection (2), means any of the following, which shall be considered the existing withdrawal approval amount under section 4.12.2 of the compact:
    (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 annual report submitted under section 32707 not later than April 1, 2009 or in the water use conservation plan submitted under section 32708 not later than April 1, 2009:
    
    (A) 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 February 28, 2006.
    (B) The system capacity used or developed to make a withdrawal on 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 not later than April 1, 2009.
    (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 2008 amendments to section 32705(2)(d), baseline capacity means the person's withdrawal capacity as reported in the April 1, 2009 annual report submitted under section 32707.
    (iii) 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 February 28, 2006 as reported to the department in a report submitted not later than April 1, 2009.
    (e) "Characteristic fish curve" means a fish functional response curve that describes the abundance of characteristic fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference.
    (f) "Characteristic fish population" means the fish species, including thriving fish, typically found at relatively high densities in stream reaches having specific drainage area, index flow, and summer temperature characteristics.
    (g) "Cold river system" means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission.
    (h) "Cold-transitional river system" means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission.
    (i) "Community supply" means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.
    (j) "Compact" means the Great Lakes-St. Lawrence river basin water resources compact provided for in part 342.
    (k) "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 and is bottled drinking water as defined in the food code, 2005 recommendations of the food and drug administration of the United States public health service.
    (l) "Cool river system" means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission.
    (m) "Council" means the Great Lakes-St. Lawrence river basin water resources council created in the compact.
    (n) "Department" means the department of environmental quality.
    (o) "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.
    (p) "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, 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). 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.
    (iv) A transfer of water from a Great Lake watershed to the watershed of its connecting waterways.
    (q) "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, the age of equipment and facilities involved, the process employed, energy impacts, and other appropriate factors.
    (r) "Farm" means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
    (s) "Flow-based safety factor" means a protective measure of the assessment tool that reduces the portion of index flow available for a withdrawal to 1/2 of the index flow for the purpose of minimizing the risk of adverse resource impacts caused by statistical uncertainty.
    (t) "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.
    (u) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence river.
    (v) "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.
    (w) "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.
    (x) "Index flow" means the 50% exceedance flow for the lowest summer 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 flow gauges in Michigan. Beginning on October 1, 2008, index flow shall be calculated as of that date.
    (y) "Intrabasin transfer" means a diversion of water from the source watershed of a Great Lake prior to its use to the watershed of another Great Lake.
    (z) "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.
    (aa) "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.
    (bb) "Large river" means a river with a drainage area of 300 or more square miles.
    (cc) "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.
    (dd) "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.
    (ee) "Online registration process" means the online registration process provided for in section 32706.
    (ff) "Preventative measure" means an action affecting a stream or river that prevents an adverse resource impact by diminishing the effect of a withdrawal on stream or river flow or the temperature regime of the stream or river.
    (gg) "Registrant" means a person who has registered a water withdrawal under section 32705.
    (hh) "River" means a flowing body of water with a drainage area of 80 or more square miles.
    (ii) "Site-specific review" means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact.
    (jj) "Small river" means a river with a drainage area of less than 300 square miles.
    (kk) "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 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 watershed of the direct tributary from which it was withdrawn.
    (ll) "Stream" means a flowing body of water with a drainage area of less than 80 square miles.
    (mm) "Stream reach" means a segment of a stream or river.
    (nn) "Thriving fish curve" means a fish functional response curve that describes the initial decline in density of thriving fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference.
    (oo) "Thriving fish population" means the fish species that are expected to flourish at very high densities in stream reaches having specific drainage area, index flow, and summer temperature characteristics.
    (pp) "Warm river system" means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission.
    (qq) "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.
    (rr) "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.
    (ss) "Withdrawal" means the removal of water from surface water or groundwater.
    (tt) "Zone A withdrawal" means the following:
    (i) For a cold river system, as follows:
    (A) For a cold stream, less than a 1% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (B) For a cold small river, less than 50% of the withdrawal that would result in an adverse resource impact.
    (ii) For a cold-transitional river system, there is not a zone A withdrawal.
    (iii) For a cool river system, as follows:
    (A) For a cool stream, less than a 10% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (B) For a cool small river, less than a 5% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (C) For a cool large river, less than an 8% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (iv) For a warm river system, less than a 10% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (uu) "Zone B withdrawal" means the following:
    (i) There is not a zone B withdrawal for a cold stream or small river.
    (ii) For a cold-transitional river system, less than a 5% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (iii) For a cool river system, as follows:
    (A) For a cool stream, a 10% or more but less than a 20% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (B) For a cool small river, a 5% or more but less than a 10% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (C) For a cool large river, an 8% or more but less than a 10% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (iv) For a warm river system, as follows:
    (A) For a warm stream, a 10% or more but less than a 15% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (B) For a warm small river or a warm large river, a 10% or more but less than a 20% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (vv) "Zone C withdrawal" means the following as long as the withdrawal will not decrease the flow of a stream or river by more than 25% of its index flow:
    (i) For a cold river system, as follows:
    (A) For a cold stream, a 1% or more but less than a 3% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (B) For a cold small river, 50% or more of the withdrawal that would result in an adverse resource impact but less than a 1% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (ii) There is not a zone C withdrawal for a cold-transitional river system.
    (iii) For a cool river system, as follows:
    (A) For a cool stream, a 20% or more reduction in the density of thriving fish populations as determined by the thriving fish curve but less than a 10% reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (B) For cool small rivers, a 10% or more but less than a 15% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (C) For cool large rivers, a 10% or more but less than a 12% reduction in the density of thriving fish populations as determined by the thriving fish curve.
    (iv) For warm river systems, as follows:
    (A) For warm streams, a 15% or more reduction in the density of thriving fish populations as determined by the thriving fish curve but less than a 5% reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (B) For warm small rivers and warm large rivers, a 20% or more reduction in the density of thriving fish populations as determined by the thriving fish curve but less than a 10% reduction in the abundance of characteristic fish populations as determined by the characteristic fish curve.
    (ww) "Zone D withdrawal" means, beginning February 1, 2009, a withdrawal that is likely to cause an adverse resource impact.
    (2) For purposes of determining baseline capacity, a person who replaces his or her surface water withdrawal capacity with the same amount of groundwater withdrawal capacity from the drainage area of the same stream reach may retain the baseline capacity established under this section.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 179, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32702 Legislative findings and declarations; authority.

Sec. 32702.

    (1) The legislature finds and declares that:
    (a) A diversion of water out of the basin of the Great Lakes may impair or destroy the Great Lakes. The legislature further finds that a limitation on such diversions is authorized by and is consistent with the mandate of section 52 of article IV of the state constitution of 1963 that the legislature provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction.
    (b) Water use registration and reporting are essential to implementing the principles of the Great Lakes charter and necessary to support the state's opposition to diversion of waters of the Great Lakes basin and to provide a source of information on water use to protect Michigan's rights when proposed water losses affect the level, flow, use, or quality of waters of the Great Lakes basin.
    (c) The waters of the state are valuable public natural resources held in trust by the state, and the state has a duty as trustee to manage its waters effectively for the use and enjoyment of present and future residents and for the protection of the environment.
    (d) The waters of the Great Lakes basin are a valuable public natural resource, and the states and provinces of the Great Lakes region and Michigan share a common interest in the preservation of that resource.
    (e) Any new diversion of waters of the Great Lakes basin for use outside of the Great Lakes basin will have significant economic and environmental impact adversely affecting the use of this resource by the Great Lakes states and Canadian provinces.
    (f) The continued availability of water for domestic, municipal, industrial, and agricultural water supplies, navigation, hydroelectric power and energy production, recreation, and the maintenance of fish and wildlife habitat and a balanced ecosystem are vital to the future economic health of the states and provinces of the Great Lakes region.
    (g) Future interbasin diversions and consumptive uses of waters of the Great Lakes basin may have significant adverse impacts upon the environment, economy, and welfare of the Great Lakes region and of this state.
    (h) The states and provinces of the Great Lakes region have a duty to protect, conserve, and manage their shared water resources for the use and enjoyment of present and future residents.
    (i) The waters of the Great Lakes basin are capable of concurrently serving multiple uses, and such multiple uses of water resources for municipal, public, industrial, commercial, agriculture, mining, navigation, energy development and production, recreation, water quality maintenance, and the maintenance of fish and wildlife habitat and a balanced ecosystem and other purposes are encouraged, recognizing that such uses are interdependent and must be balanced.
    (j) The waters of the Great Lakes basin are interconnected and part of a single hydrologic system.
    (2) The legislature has the authority under sections 51 and 52 of article IV of the state constitution of 1963 to regulate the withdrawal and uses of the waters of the state, including both surface water and groundwater, to promote the public health, safety, and welfare and to protect the natural resources of the state from pollution, impairment, and destruction, subject to constitutional protections against unreasonable or arbitrary governmental action and the taking of property without just compensation. This authority extends to all waters within the territorial boundaries of the state.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32703 Diversion of waters prohibited.

Sec. 32703.

    Subject to section 32704, a diversion of the waters of the state out of the Great Lakes basin is prohibited.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32703a Diversion; authorization; conditions.

Sec. 32703a.

    (1) If the prohibition in section 32703 is determined to be invalid, the waters of the state shall not be diverted unless authorized by law.
    (2) When considering whether to grant legislative approval for a diversion, the legislature shall consider sections 51 and 52 of article IV of the state constitution of 1963 and whether the project serves a public purpose, whether the project will result in no material harm to the waters of the state, the public trust, or related purposes, and whether the project would result in any improvement to the waters of the state or the water dependent natural resources of the state.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Popular Name: Act 451
Popular Name: NREPA





324.32704 Applicability of MCL 324.32703.

Sec. 32704.

     Section 32703 does not apply to a diversion of the waters of the Great Lakes out of the drainage basin of the Great Lakes existing on September 30, 1985.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: NREPA





324.32704a Diversion; proposal; comment period; notification; waiver.

Sec. 32704a.

    The governor shall establish a public comment period with regard to a proposal subject to 42 USC 1962d-20 to divert waters of the Great Lakes basin outside of the Great Lakes basin and shall notify the standing committees of the legislature with jurisdiction over issues primarily pertaining to natural resources and the environment of his or her receipt of the proposal. The governor may waive the comment period under this section if he or she determines that it is necessary to take immediate action to provide humanitarian relief or firefighting capabilities.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Popular Name: Act 451
Popular Name: NREPA





324.32705 Registration of withdrawal; use of assessment tool; exception; agricultural purpose; form; calculating total amount of existing or proposed withdrawal; aggregate information; duration of valid registration.

Sec. 32705.

    (1) Except as otherwise provided in this section, the owner of real property who intends to develop capacity on that property to make a new or increased large quantity withdrawal from the waters of this state shall register the withdrawal with the department after using the assessment tool, if required under this part, 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) Subject to subdivision (c), a person who has previously registered for that property under this part or the owner of real property containing the capacity to make a withdrawal that was previously requested under this part, unless the property owner 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 required to obtain a permit under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
    (c) A person required to obtain a permit under section 32723.
    (d) The owner of a noncommercial well located on the following residential property:
    (i) Single-family residential property unless that well is a lake augmentation well.
    (ii) Multifamily residential property not exceeding 4 residential units and not more than 3 acres in size unless that well is a lake augmentation well.
    (3) 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) 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, may be submitted to the department of agriculture instead of the department.
    (5) A registration submitted under this section that is not submitted via the online registration process shall be on a form provided by the department or the department of agriculture, as appropriate.
    (6) 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) 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.
    (8) Unless a property owner develops the capacity to make the new or increased large quantity withdrawal within 18 months after the property owner registers under subsection (1), the registration is no longer valid.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2006, Act 35, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32706 Development of internet-based online registration process; registration; required statement and supporting documentation.

Sec. 32706.

    (1) Not later than 1 year after the effective date of the amendatory act that amended this section, 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 include both of the following:
    (a) A statement and supporting documentation that includes all of the following:
    (i) The place and source of the proposed withdrawal.
    (ii) The location of any discharge or return flow associated with the proposed withdrawal.
    (iii) The location and nature of the proposed water use.
    (iv) The capacity of the equipment used for making the proposed withdrawal.
    (v) The estimated average annual and monthly volumes and rate of the proposed withdrawal.
    (vi) The estimated average annual and monthly volumes and rates of consumptive use from the proposed withdrawal.
    (b) Beginning 1 year after the effective date of the amendatory act that added this subdivision, for a new or increased large quantity withdrawal from a stream or river or groundwater, the determination from the use of the assessment tool under section 32706b or the determination from a site-specific review, as appropriate.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32706a Internet-based water withdrawal assessment tool; implementation; determination of proposed zone withdrawal; entering and printing data; working in conjunction with online registration process; technical modifications; redesignation of stream or river; report.

Sec. 32706a.

    (1) On October 1, 2008, the department shall make available for testing and evaluation an internet-based water withdrawal assessment tool based upon the recommendations of the former groundwater conservation advisory council and the requirements of this part. The assessment tool shall contain a flow-based safety factor. Beginning 1 year after the effective date of the amendatory act that added this section, the department shall implement the assessment tool.
    (2) The assessment tool shall determine whether a proposed withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a proposed withdrawal is likely to cause an adverse resource impact based upon whether the proposed withdrawal is from a cold river system, a cold-transitional river system, a cool river system, or a warm river system. The assessment tool shall account for impacts due to cumulative withdrawals as provided for in section 32706e. The assessment tool shall also distinguish the impact of a proposed withdrawal based upon whether the proposed withdrawal is from a stream, a small river, or a large river, subject to the following:
    (a) Cool streams and warm streams with less than 3 square miles of drainage area shall be integrated into the next largest drainage area for purposes of assessment tool determinations.
    (b) Cool streams and warm streams with less than 20 square miles of drainage area and less than 1 cubic foot per second of index flow shall be integrated into the next largest drainage area for purposes of assessment tool determinations.
    (c) Cool streams and warm streams with a drainage area of more than 3 square miles but less than 6 square miles shall be integrated into the next largest drainage area for purposes of assessment tool determinations for groundwater withdrawals.
    (3) The assessment tool shall 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 intermittent.
    (4) The assessment tool 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 shall work in conjunction with the online registration process and shall also allow operation independent of the online registration process.
    (6) On an ongoing basis, the department shall add verified data to the assessment tool's database from reports submitted under sections 32707, water use conservation plans submitted under section 32708, and permits issued under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, and other sources of data regarding the waters of the state. Additionally, the department shall make technical modifications to the assessment tool related to considerations of temperature, hydrology, and stream or river flow based upon a scientific methodology adopted by order of the commission.
    (7) If a person disagrees with the designation of a particular stream or river as a cold river system, a cold-transitional river system, a cool river system, or a warm river system for use in the assessment tool or otherwise under this part, the person may petition for a redesignation of that stream or river. The petition shall be submitted to the commission for its review and determination.
    (8) The department shall report annually to the standing committees of the legislature with jurisdiction primarily pertaining to natural resources and the environment on the implementation of the assessment tool and this part. This report shall include, but is not limited to, all of the following:
    (a) The number of zone C withdrawal site-specific reviews requested by applicants each 12 months after the effective date of the implementation of the assessment tool under section 32706a.
    (b) The number of zone C withdrawal site-specific review determinations that resulted in changes from zone C to zone B and the number of changes from zone C to zone A.
    (c) The number of zone C withdrawal site-specific review determinations that result in a zone D withdrawal determination.
    (d) The number of site-specific review determinations where the department failed to meet statutory timelines.
    (e) The number of registered assessment tool determinations for each zone.
    (f) The number of voluntary requests for site-specific reviews that were submitted to the department and whether the department failed to meet statutory timelines on these site-specific reviews.
    (g) The number of registrations submitted to the department under this part.


History: Add. 2008, Act 185, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32706b Utilization of assessment tool; request for site-specific review; designation of proposed withdrawal; registration; rerun of assessment tool; correction of data.

Sec. 32706b.

    (1) Beginning on the effective date of the implementation of the assessment tool under section 32706a, prior to registering a new or increased large quantity withdrawal under section 32705 for a proposed withdrawal from a stream or river, or from groundwater, the property owner proposing to make the withdrawal shall utilize the assessment tool by entering the data related to the proposed withdrawal into the assessment tool. However, a person who intends to make a new or increased large quantity withdrawal for the purpose of dewatering a mine that has a permit under part 31 and is not regulated under part 631, 632, or 637 may choose to submit a request for a site-specific review rather than utilize the assessment tool.
    (2) Upon entry of the relevant data under subsection (1), the assessment tool shall indicate to the user whether or not the proposed withdrawal is likely to cause an adverse resource impact and whether the proposed withdrawal falls into the category of zone A, zone B, zone C, or zone D.
    (3) If the assessment tool designates a proposed withdrawal as a zone A withdrawal, or a zone B withdrawal in a cool river system or a warm river system, the property owner may register the withdrawal and proceed to make the withdrawal.
    (4) If the assessment tool designates a proposed withdrawal as a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, the property owner shall not register the withdrawal or make the withdrawal except in accordance with section 32706c.
    (5) After a property owner registers a withdrawal, if, in developing the capacity to make the withdrawal, the conditions of the withdrawal deviate from the specific data that were entered into the assessment tool, the property owner shall rerun the assessment tool and shall enter the corrected data into the assessment tool. The property owner shall notify the department of the corrected data and the corrected results from the assessment tool. If the corrected data do not change the determination of the assessment tool, the property owner may proceed with the withdrawal. If the corrected data change the determination from the assessment tool, the property owner shall proceed under the provisions of this part related to the corrected assessment tool determination.


History: Add. 2008, Act 185, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32706c Request for site-specific review; analysis; supporting evidence; conditions; form; information to be included; completion of review by department; withdrawals; registration; corrected data; disclosure under freedom of information act; definitions.

Sec. 32706c.

    (1) If the assessment tool determines that a proposed withdrawal with a capacity of 1,000,000 gallons of water or less per day from the waters of the state to supply a common distribution system is a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, the property owner may submit to the department the information described in section 32706a(3) and either of the following:
    (a) An analysis of the proposed withdrawal by a professional hydrologist or hydrogeologist calculating the streamflow depletion of the proposed withdrawal. The analysis shall be based on an aquifer performance test, streamflow depletion calculations, and geological data consisting of at least 1 of the following, which shall be included with the analysis:
    (i) Evidence the proposed withdrawal is in the water management unit or units that were part of a regional or watershed based study of water use impacts accepted by the department under this part. The evidence must include an affidavit by the property owner that the proposed withdrawal is located in a river system and aquifer included in the study, and records of applicable data collected in the study.
    (ii) A hydrogeologic analysis of the water management unit or units that will potentially be affected by the proposed withdrawal, incorporating data from well logs, gamma ray logs, surficial maps of the glacial geology, geologic cross sections, and any other available hydrogeologic data.
    (b) An analysis by a professional hydrologist or hydrogeologist of a proposed withdrawal from an aquifer separated from streams by bedrock, calculating streamflow depletion of the proposed withdrawal as described in this subdivision by providing hydrogeologic data demonstrating the bedrock transmissivity for the formation or relying on published estimates of transmissivity for the bedrock formation.
    (2) Within 20 working days after the department's actual receipt of the analysis and supporting evidence and data related to the proposed withdrawal under subsection (1), the department shall determine whether a proposed withdrawal is a zone A, zone B, zone C, or zone D withdrawal and shall provide to the property owner written notification of its determination. However, if upon a preliminary review of the analysis and supporting evidence and data the department determines that the proposed withdrawal will cause a rejection only under subdivision (d)(iv), the department may, within the first 20 working days after actual receipt of the analysis and supporting evidence and data related to the proposed withdrawal under subsection (1), provide written notification to the property owner that up to 5 additional working days are needed for confirmation. If the department does not provide written notification stating a need for up to 5 additional working days or if the department cites any other reason under subdivision (d) for rejection, it must make its determination and provide to the property owner written notification of its determination within 20 working days after actual receipt of the analysis and supporting evidence and data related to the proposed withdrawal under subsection (1). The department's determination is subject to the following:
    (a) If the department fails to provide written notification to the property owner within the time period required under this subsection, the property owner may register the withdrawal and proceed with the withdrawal.
    (b) If the department determines that the proposed withdrawal is a zone A or a zone B withdrawal, the property owner may register the withdrawal and may proceed with the withdrawal.
    (c) If the department determines that the proposed withdrawal is a zone C withdrawal, the property owner may register the withdrawal and proceed to make the withdrawal if the property owner self-certifies that he or she is implementing applicable environmentally sound and economically feasible water conservation measures prepared under section 32708a that the property owner considers to be reasonable or has self-certified that he or she is implementing applicable environmentally sound and economically feasible water conservation measures developed for the water use associated with that specific withdrawal that the property owner considers to be reasonable. A property owner proceeding under this subdivision shall provide 5 sets of water level recovery measurements, as described in an aquifer performance test, taken after pumping between June and October within 2 years after the production well is put in service. The department shall not require submission of additional information or data from a property owner proceeding under this subdivision.
    (d) If the department determines that the proposed withdrawal is a zone D withdrawal, the property owner shall not register the withdrawal and shall not make the withdrawal unless the property owner applies for a water withdrawal permit under section 32723 and the withdrawal is authorized under that section, or unless it is authorized under subsection (4). In addition to the written notification of its determination under this subsection, if the department determines that the proposed withdrawal is a zone D withdrawal, the department shall include documentation demonstrating that the proposed water withdrawal is likely to cause an adverse resource impact. The documentation shall include 1 or more of the following:
    (i) Identification of specific errors in data collection performed by the professional hydrologist or hydrogeologist that render the analysis of the proposed withdrawal invalid.
    (ii) A statement that the professional hydrologist or hydrogeologist used an inapplicable model to analyze the proposed withdrawal, with an explanation including both why the model selected for analysis was inapplicable for the proposed withdrawal and an analysis using an applicable model that shows the proposed withdrawal is likely to cause an adverse resource impact.
    (iii) Identification of specific errors in the model analysis performed by the professional hydrologist or hydrogeologist that render the analysis of the proposed withdrawal invalid.
    (iv) The cumulative streamflow depletion estimated for all the registered water withdrawals in an impacted watershed management area is likely to cause an adverse resource impact. The cumulative streamflow depletion calculation shall account for reevaluation of previously registered water withdrawals in the affected water management units using the Hunt, 2003; Ward and Lough, 2011; or a similar peer-reviewed model that assesses potential stream depletion.
    (3) After a property owner registers a withdrawal pursuant to subsection (2), if, in developing the capacity to make the withdrawal, the conditions of the withdrawal deviate from the specific data that were evaluated, the property owner shall notify the department of the corrected data and the department shall confirm its determination under subsection (2). If the corrected data do not change the determination, the property owner may proceed with the withdrawal. If the corrected data change the determination, the property owner shall proceed under the provisions of this part related to the corrected determination.
    (4) If a proposed withdrawal is a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, and a property owner does not submit any of the information described in subsection (1) or the department determines under subsection (2) that the proposed withdrawal is a zone D withdrawal, the property owner may request 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 information described in section 32706a(3).
    (b) The intended maximum monthly and annual volumes and rates of the proposed withdrawal, if different from the capacity of the equipment used for making the proposed withdrawal.
    (c) If the amount and rate of the proposed withdrawal will have seasonal fluctuations, the relevant information related to the seasonal use of the proposed withdrawal.
    (d) A description of how the water will be used and the location, amount, and rate of any return flow.
    (e) Any other information the property owner would like the department to consider in making its determination under this section.
    (5) Upon receipt of a request for a site-specific review under subsection (4), the department shall consider the information submitted and shall consider the actual stream or river flow data of any affected stream reach. The department shall also apply the drainage area integration standards provided in section 32706a(2)(a), (b), and (c), if applicable, and account for cumulative withdrawals as provided for in section 32706e. The department shall not rely on the assessment tool's determination in making its determination under a site-specific review. The department may calculate streamflow depletion using Hunt, 2003; Ward and Lough, 2011; or a similar peer-reviewed model that assesses potential stream depletion. The calculation of streamflow depletion may also be conducted on existing withdrawals in the same water management unit or units as the proposed withdrawal if applicable data are available. This data may be used to provide additional evidence as needed to demonstrate whether a proposed withdrawal is likely to cause an adverse resource impact.
    (6) The department shall complete a site-specific review within 10 working days of submittal of a request for a site-specific review. If the department determines, based upon a site-specific review, that the proposed 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.
    (7) Subject to subsection (8), if the department determines in conducting a site-specific review that the proposed withdrawal is a zone C withdrawal, the property owner may register the withdrawal and proceed to make the withdrawal if the property owner self-certifies that he or she is implementing applicable environmentally sound and economically feasible water conservation measures prepared under section 32708a that the property owner considers to be reasonable or has self-certified that he or she is implementing applicable environmentally sound and economically feasible water conservation measures developed for the water use associated with that specific withdrawal that the property owner considers to be reasonable.
    (8) Except for withdrawals exempt from obtaining a water withdrawal permit under section 32723, if a site-specific review determines that a proposed withdrawal is a zone C withdrawal with capacity in excess of 1,000,000 gallons of water per day from the waters of the state to supply a common distribution system, the person proposing the withdrawal shall not register the withdrawal and shall not proceed with making the withdrawal unless the person obtains a water withdrawal permit under section 32723.
    (9) If the department determines, based upon a site-specific review, that the proposed withdrawal is a zone D withdrawal, the property owner shall not register the withdrawal and shall not make the withdrawal unless he or she applies for a water withdrawal permit under section 32723 and the withdrawal is authorized under that section.
    (10) After a property owner registers a withdrawal following a site-specific review, if, in developing the capacity to make the withdrawal, the conditions of the withdrawal deviate from the specific data that were evaluated in the site-specific review, the property owner shall notify the department of the corrected data and the department shall confirm its determination under the site-specific review. If the corrected data do not change the determination under the site-specific review, the property owner may proceed with the withdrawal. If the corrected data change the determination under the site-specific review, the property owner shall proceed under the provisions of this part related to the corrected determination.
    (11) Nothing in this section alters any requirement to disclose information or any exemption from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, as otherwise provided under sections 32707(6) and 32708(4).
    (12) As used in this part:
    (a) "Aquifer performance test" means a controlled field test in which all of the following are done:
    (i) At least 1 monitoring well is installed. The monitoring well must be installed in the same aquifer and screened at or near the same depth as the production well, and be located at a distance of 1 to 5 times the thickness of the aquifer from the proposed production well. A nearby existing well may be used as a monitoring well for the test instead if it meets all the monitoring well requirements.
    (ii) Static water level elevation measurements are taken at 1-minute intervals for 24 hours before the pumping portion of the test to an accuracy of 0.05 feet.
    (iii) Pumping is conducted at a rate at or above the desired production rate for the duration of the test and metered or periodically measured to ensure consistency of rate.
    (iv) The pumping portion of the test is conducted for a period of 24 hours in confined aquifers or 72 hours in unconfined aquifers, during which drawdown measurements are taken at 1-minute intervals to an accuracy of 0.05 feet.
    (v) After completion of the pumping period, measurements of water level recovery are taken at 1-minute intervals for 24 hours to an accuracy of 0.05 feet.
    (vi) An analysis is conducted to determine, at a minimum, the aquifer hydraulic characteristics of transmissivity and storage coefficient employing the methods of Cooper and Jacob, 1946; Theis, 1935; Hantush and Jacob, 1955; Hantush and Jacob, 1960; Hantush and Jacob, 1961; Neuman, 1972; Neuman, 1974; or Hunt and Scott, 2007.
    (b) "Cooper and Jacob, 1946" means Cooper and Jacob, 1946: "A Generalized Graphical Method for Evaluating Formation Constants and Summarizing Well-Field History".
    (c) "Hantush and Jacob, 1955" means Hantush and Jacob, 1955: "Non-Steady Radial Flow in an Infinite Leaky Aquifer".
    (d) "Hantush and Jacob, 1960" means Hantush and Jacob, 1960: "Modification of the Theory of Leaky Aquifers".
    (e) "Hantush and Jacob, 1961" means Hantush and Jacob, 1961: "Aquifer Tests on Partially Penetrating Wells".
    (f) "Hunt, 1999" means Hunt, 1999: "Unsteady Stream Depletion from Ground Water Pumping".
    (g) "Hunt, 2003" means Hunt, 2003: "Unsteady Stream Depletion When Pumping from Semiconfined Aquifer".
    (h) "Hunt and Scott, 2007" means Hunt and Scott, 2007: "Flow to a Well in a Two-Aquifer System".
    (i) "Neuman, 1972" means Neuman, 1972: "Theory of Flow in Unconfined Aquifers Considering Delayed Gravity Response of the Water Table".
    (j) "Neuman, 1974" means Neuman, 1974: "Effect of Partial Penetration on Flow in Unconfined Aquifers Considering Delayed Gravity Response".
    (k) "Professional hydrologist or hydrogeologist" means an individual holding a license or registration from any state as a professional hydrologist, hydrogeologist, or geologist, or a current certification as a professional geologist by the American Institute of Professional Geology.
    (l) "Streamflow depletion calculation" means an evaluation of the potential streamflow depletion in which all of the following are done:
    (i) The streambed conductance of the potentially impacted streams shall be measured in-situ using slug testing, seepage meter testing, or both.
    (ii) An aquifer performance test representing the proposed withdrawal location has been completed.
    (iii) An analysis shall be conducted to calculate streamflow depletion using the applicable method of Hunt, 1999; Hunt, 2003; Ward and Lough, 2011; or a similar peer-reviewed model that assesses potential stream depletion. The analysis may also be conducted on existing withdrawals in the same water management unit or units as the proposed withdrawal if applicable data are available. This may be used to provide additional evidence as needed to demonstrate a proposed withdrawal is unlikely to cause an adverse resource impact.
    (m) "Theis, 1935" means Theis, 1935: "The Relation Between the Lowering of the Piezometric Surface and the Rate and Duration of Discharge of a Well Using Groundwater Storage".
    (n) "Ward and Lough, 2011" means Ward and Lough, 2011: "Stream Depletion from Pumping a Semiconfined Aquifer in a Two-Layer Leaky Aquifer System".


History: Add. 2008, Act 181, Imd. Eff. July 9, 2008 ;-- Am. 2018, Act 209, Eff. June 22, 2018
Popular Name: Act 451
Popular Name: NREPA





324.32706d Collection of stream or river flow measurements by persons other than department; development and use of protocol; training program.

Sec. 32706d.

    (1) The department shall develop a protocol for the collection of stream or river flow measurements by persons other than the department for use by the department in the administration of this part. The protocol may specify a minimum number of measurements, stream or river flow and weather conditions when the measurements are to be made, and any other conditions necessary to ensure the adequacy and quality of the measurements. The protocol shall ensure that stream or river flow measurements collected for this purpose meet the same data quality standards as stream or river flow measurements collected by the United States geological survey. The department shall consult with the United States geological survey and other recognized scientific experts in developing this protocol.
    (2) The department may use stream or river flow data collected using the protocol under subsection (1) in conducting site-specific reviews, in making water withdrawal permit decisions under section 32723, in issuing permits under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, in updating the water withdrawal assessment tool as appropriate, or in other actions requiring an evaluation of stream or river flow.
    (3) The department may establish a program to train and certify individuals in the collection of stream or river flow measurements. The department shall charge a fee sufficient to reimburse the department for the cost of a program developed under this subsection. The department may enter into a cooperative agreement with the United States geological survey to provide training and certification under this section.


History: Add. 2008, Act 181, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32706e Cumulative withdrawals; determination of adverse impact.

Sec. 32706e.

    The department shall determine whether an adverse resource impact has occurred under this part and whether a withdrawal is a zone A, a zone B, a zone C, or a zone D withdrawal under this part based upon cumulative withdrawals affecting the same stream reach. In accounting for these cumulative withdrawals, the department shall apply both of the following:
    (a) Beginning on October 1, 2008, the department shall begin water withdrawal accounting for cumulative withdrawals affecting the same stream reach.
    (b) Beginning on February 1, 2009, the department shall adjust the water withdrawal accounting under subdivision (a) such that if cumulative withdrawals beginning on October 1, 2008 have removed a sufficient flow of water from a stream reach to change the zone classification of that stream reach, the department shall reset the water withdrawal accounting benchmark for that stream reach as follows:
    (i) If the cumulative impact of withdrawals on February 1, 2009 results in a classification as a zone B withdrawal, the accounting benchmark shall be reset at the beginning point for zone B withdrawals.
    (ii) If the cumulative impact of withdrawals on February 1, 2009 results in a classification as a zone C withdrawal, the accounting benchmark shall be reset at the beginning point for zone C withdrawals.
    (iii) If the cumulative impact of withdrawals on February 1, 2009 results in a classification as a zone D withdrawal, the accounting benchmark shall be reset at the beginning point for zone C withdrawals. If there is not a zone C for the classification of the stream reach, the water withdrawal accounting benchmark shall be reset at the beginning point for zone B withdrawals.


History: Add. 2008, Act 185, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32707 Reporting requirements; forms; water use reporting fees.

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.
    (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 approval of the department, 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(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 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. 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).


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 182, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32708 Water use conservation plan; formula or model to estimate consumptive use of withdrawals for agricultural purposes; inclusion of information in statewide groundwater inventory and map; disclosure.

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. Beginning in 2010, the water use conservation plan shall include an acknowledgment that the owner of the farm has reviewed applicable environmentally sound and economically feasible water conservation measures prepared under section 32708a.
    (i) At the discretion of the registrant, the baseline capacity of the withdrawal based upon system capacity and a description of the system capacity.
    (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) 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.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2006, Act 35, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 182, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32708a Generic water conservation measures; preparation; posting on website; submission of water conservation measures by water user's sector; acceptance by department; water conservation measures for agricultural purposes; report; notification of zone C withdrawal; definitions.

Sec. 32708a.

    
    (1) Not later than March 31, 2009, the department shall prepare, based upon recommendations from representative trade associations, a set of generic water conservation measures that are applicable to all persons making large quantity withdrawals. The department shall post these generic water conservation measures on its website.
    (2) Subject to subsection (3), each water user's sector may prepare and submit to the department water conservation measures that are applicable for water users within its sector. Upon receipt of water conservation measures from a water user's sector, the department shall review the water conservation measures, and, if the department determines that those water conservation measures are appropriate for that sector, the department shall accept those water conservation measures. Upon acceptance, the department shall post the water conservation measures on its website and those water conservation measures shall supersede the generic water conservation measures prepared under subsection (1) for water users within that sector. If the department determines that the water conservation measures are not appropriate for the water user's sector, the department shall provide comments to the water user's sector and suggestions that would result in the department's acceptance of the water conservation measures. A water user's sector may resubmit water conservation measures in response to the department's comments and suggestions.
    (3) Water conservation measures for agricultural purposes shall be developed and approved by the commission of agriculture and shall be updated annually as part of the process for review and update of generally accepted agricultural and management practices under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474. Water conservation measures approved under this subsection shall be posted on the department of agriculture's website and shall be forwarded to the department for posting on its website.
    (4) By April 1, 2010, the department shall report to the standing committees of the legislature with jurisdiction primarily related to natural resources and the environment on the status of the preparation and acceptance of water user sector conservation measures.
    (5) If the department receives a registration for a zone C withdrawal, the department shall notify all other registrants and permit holders whose withdrawals are from the same water source as the zone C withdrawal of the status of the water source. Upon receipt of notification under this subsection, each of these registrants and permit holders shall review and consider implementing the applicable water conservation measures prepared under this section.
    (6) Compliance with water conservation measures does not authorize a water withdrawal that is otherwise prohibited by law.
    (7) As used in this section:
    (a) "Permit holders" means persons holding a permit under section 32723 and persons holding a permit under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
    (b) "Water conservation measures" means environmentally sound and economically feasible water conservation measures.


History: Add. 2006, Act 35, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 182, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32709 Informational materials.

Sec. 32709.

    The department may contract for the preparation and distribution of informational materials to members of the public related to any of the following:
    (a) The purposes, benefits, and requirements of this part.
    (b) Information on complying with the registration requirement of this part and on any general or applicable methods for calculating or estimating water withdrawals or consumptive uses.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2008, Act 182, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32710 Duties of department; electronic mail notification of withdrawals; formation of water resources assessment and education committee.

Sec. 32710.

    (1) 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) If the department receives a registration for a zone B or a zone C withdrawal or issues a permit under section 32723 or the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, for a zone B or zone C withdrawal, place a notice on the department's website and notify by electronic mail all of the following that have requested under subsection (2) an electronic mail notification:
    (i) Conservation districts.
    (ii) Regional planning agencies.
    (iii) Watershed management planning committees.
    (iv) Storm water committees established under part 31.
    (v) The chief elected officials of the local units of government.
    (vi) Community supplies owned by political subdivisions.
    (vii) A water users committee established under section 32725.
    (2) An organization listed in subsection (1)(g) that wishes to receive an electronic mail notification of withdrawals described in subsection (1)(g) that are located in its vicinity shall provide to the department an electronic mail address.
    (3) Upon receipt of notification from the department under subsection (1)(g), the notified entities may form a water resources assessment and education committee in order to assess trends in water use in the vicinity of the withdrawal and educate water users. The department shall assist in the formation of these water resources assessment and education committees and may provide them with technical information regarding water use and capacity within their vicinity, aggregated at the stream reach level. Meetings of water resources assessment and education committees shall be open to the general public. A water resources assessment and education committee formed under this subsection may provide educational materials and recommendations regarding any of the following:
    (a) Long-term water resources planning.
    (b) Use of conservation measures.
    (c) Drought management activities.
    (d) Other topics related to water use as identified by the committee.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2008, Act 184, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32711, 324.32712 Repealed. 2006, Act 33, Imd. Eff. Feb. 28, 2006.


Compiler's Notes: The repealed sections pertained to an exemption from water withdrawal reporting requirements for a public water supply and the prohibition on the department to mandate a permit or regulate water withdrawal.
Popular Name: Act 451
Popular Name: NREPA





324.32713 Civil action; commencement; civil fine; recovery of surveillance and enforcement costs.

Sec. 32713.

    (1) The department may request the attorney general to commence a civil action for appropriate relief, including a permanent or temporary injunction, for a violation of this part or a rule promulgated under this part, including falsifying a record submitted under this part. An action under this section shall be brought in the circuit court for the county of Ingham or for the county in which the defendant is located, resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance.
    (2) In addition to any other relief granted under subsection (1), the court may impose a civil fine as follows:
    (a) For a person who knowingly violates section 32721 or 32723 or the terms of a permit issued under section 32723, a civil fine of not more than $10,000.00 per day of violation.
    (b) For all other violations of this part, a civil fine of not more than $1,000.00.
    (3) In addition to a fine imposed under subsection (2), the attorney general may file a suit in a court of competent jurisdiction to recover the full value of the costs of surveillance and enforcement by the state resulting from the violation.


History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 186, Eff. Oct. 7, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32714 Water use protection fund; creation; disposition of assets; investments; money remaining in fund; expenditures.

Sec. 32714.

    (1) The water use protection fund is created within the state treasury.
    (2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund, and shall credit to the fund interest and earnings from fund investments.
    (3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse into the general fund.
    (4) The department may expend money from the fund, upon appropriation, only for 1 or more of the following:
    (a) The implementation and administration of this part.
    (b) The preparation of the statewide groundwater inventory and map under section 32802.
    (c) The expenses of the groundwater conservation advisory council under part 328.
    (d) The implementation and administration of part 317.


History: Add. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Popular Name: Act 451
Popular Name: NREPA





324.32721 Large quantity withdrawal; prohibition; exception; certain large quantity withdrawals subject to definition of adverse resource impact existing on February 28, 2006.

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.
    (2) 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 February 28, 2006.
    (3) This section does not apply to a withdrawal that is utilized solely for fire suppression.
    (4) A person who developed the capacity to make a new or increased large quantity withdrawal on or after February 28, 2006 and prior to February 1, 2009 or who received a determination under former section 32724 during that period is subject to the definition of adverse resource impact that existed on February 28, 2006.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 183, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32722 Presumption.

Sec. 32722.

    (1) For new or increased large quantity withdrawals developed on or after February 28, 2006 and prior to the implementation date of the assessment tool under section 32706a, there is a rebuttable presumption that the 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 an affected stream reach.
    (b) The withdrawal depth of the well is at least 150 feet.
    (2) If the assessment tool determines that a withdrawal is a zone A or a zone B withdrawal and is not likely to cause an adverse resource impact, there is a rebuttable presumption that the withdrawal under the conditions that were the basis for the assessment tool's determination will not cause an adverse resource impact in violation of section 32721.
    (3) If the department determines, based upon a site-specific review, or in connection with a permit or approval issued under section 32723 or the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, 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.
    (4) A presumption under this section is not valid if the capacity to make the withdrawal is not developed within 18 months after the withdrawal is registered. A presumption under 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.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 183, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32723 Water withdrawal permit; persons required to obtain; application; fee; issuance; conditions; revocation; petition for contested case hearing; exemptions from permit requirements.

Sec. 32723.

    (1) Except as provided in subsection (13), the following persons shall obtain a water withdrawal permit prior to making the withdrawal:
    (a) A person who 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 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 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 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 the information described in section 32706c(1)(a) to (e) 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 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 fee required to be accompanied with the application has not been paid. If the department determines that the application is not administratively complete, the notification shall 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 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 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 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 adverse resource impacts under this subdivision shall be evaluated by the department based upon 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.
    (e) For permit applications received on or after January 1, 2009, the applicant has self-certified that he or she 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 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 or other Michigan common law duties.
    (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 be considered to satisfy the requirements of section 4.11 of the compact.
    (10) A permit issued under part 31 pursuant to 33 USC 1326(b) shall be 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 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 clear and convincing scientific evidence, that the withdrawal is causing an adverse resource impact.
    (12) A person who 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 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 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 section 17 of the safe drinking water act, 1976 PA 399, MCL 325.1017.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32724 324.32724 Repealed. 2008, Act 181, Imd. Eff. July 9, 2008.


Compiler's Notes: The repealed section pertained to persons exempt from permit requirements.
Popular Name: Act 451
Popular Name: NREPA





324.32725 Water users committee; establishment; purpose; composition; notice of withdrawal; occurrence of adverse resource impacts; recommended solution proposed by department; order by director; petition; "unverified petition" and "permit holders" defined.

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, permit holders, and local government officials within the watershed. Upon establishment of a water users committee, a participating local government official may create an ad hoc subcommittee of residents of that local unit of government to provide that local government official with information and advice on water resources, water use, and trends in water use within the local unit of government.
    (2) If the department authorizes a zone B withdrawal in a cold-transitional river system or a zone C withdrawal, the department shall notify all registrants, permit holders, and local government officials within the watershed of the withdrawal and of the authority under this section to establish a water users committee and may provide them technical information regarding water use and capacity within their vicinity aggregated at the stream reach level.
    (3) If the department determines by 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 permit holders within the watershed and shall attempt to facilitate an agreement on voluntary measures that would prevent adverse resource impacts.
    (4) If, within 30 days after the department has notified the water users committee or convened the meeting under subsection (3), the registrants and 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.
    (5) The director may, without a prior hearing, order permit holders 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.
    (6) A registrant or 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.
    (7) 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.
    (8) As used in this section, "permit holders" means persons holding a permit under section 32723 and persons holding a permit under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.


History: Add. 2006, Act 36, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 184, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32726 Local ordinance.

Sec. 32726.

    Except as authorized by the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, a local unit of government shall not enact or enforce an ordinance that regulates a large quantity withdrawal. This section is not intended to diminish or create any existing authority of municipalities to require persons to connect to municipal water supply systems as authorized by law.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Popular Name: Act 451
Popular Name: NREPA





324.32727 Exemptions; compilation and sharing of certain data.

Sec. 32727.

    (1) The following withdrawals are exempt from the requirements of this part unless they result in a diversion:
    (a) A withdrawal undertaken as part of an activity authorized by the department under part 111, 115, 201, 213, or 615.
    (b) A withdrawal undertaken as part of an activity authorized by the United States environmental protection agency under either of the following:
    (i) The comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510.
    (ii) The resource conservation and recovery act of 1976, Public Law 94-580.
    (c) A withdrawal that is undertaken for hydroelectric generation at sites certified, licensed, or permitted by the federal energy regulatory commission.
    (d) A hydroelectric facility authorized under section 12 of chapter 264 of the act of March 3, 1909, commonly known as the river and harbor act of 1909, 35 Stat. 821.
    (e) A hydroelectric facility authorized under section 1075(c) of the intermodal surface transportation efficiency act of 1991, Public Law 102-240.
    (f) A hydroelectric facility authorized under Public Law 85, chapter 1368, 34 Stat. 102.
    (g) Removal of water from an artificially created surface water body that has as its primary source of water either of the following:
    (i) A withdrawal that is not a new or increased large quantity withdrawal.
    (ii) A registered new or increased large quantity withdrawal that has been determined by the assessment tool, a site-specific review, or a permit issued under section 32723 to be a withdrawal that is not likely to cause an adverse resource impact.
    (h) A withdrawal from a noncommercial well located on the following residential property:
    (i) Single-family residential property unless that well is a lake augmentation well.
    (ii) Multifamily residential property not exceeding 4 residential units and not more than 3 acres in size unless that well is a lake augmentation well.
    (2) The director of the department shall ensure that data in the possession of the state related to withdrawals that are not regulated under this part are compiled and shared with departmental personnel responsible for implementing this part.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 183, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32728 Construction and scope of act; rules.

Sec. 32728.

    (1) This part shall not be construed as affecting, intending to affect, or in any way altering or interfering with common law water rights or property rights or the applicability of other laws providing for the protection of natural resources or the environment or limit, waive, cede, or grant any rights or interest that the state possesses as sovereign for the people of the state in the waters or natural resources of the state.
    (2) This part does not limit the right of a person whose interests have been or will be adversely affected to institute proceedings in circuit court against any person to protect such interests.
    (3) Except as specifically authorized under this part, this part does not authorize the promulgation of rules.


History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 185, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32729 Fees not authorized; exception.

Sec. 32729.

    Except as specifically authorized under this part, this part does not authorize the assessment of fees.


History: Add. 2008, Act 185, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA





324.32730 Compact; implementation.

Sec. 32730.

    The compact shall be implemented as follows:
    (a) Except as specifically provided in this part, water withdrawals originating within this state shall be regulated exclusively under this part.
    (b) A proposed use for which a water withdrawal permit is issued under section 32723 shall be considered to satisfy the requirements of section 4.11 of the compact.
    (c) The 2008 amendments to this part, the 2008 amendments to part 328, and the 2008 amendments to sections 4 and 17 of the safe drinking water act, 1976 PA 399, MCL 325.1004 and 325.1017, are intended to fully implement the compact in this state. For purposes of section 9.1 of the compact, all acts and parts of acts that were inconsistent with the compact on the effective date of the amendatory act that added this section have been modified, as necessary, to be consistent with the compact, and therefore section 9.1 does not repeal any acts or parts of acts.
    (d) If the council proposes a revision to the standard of review and decision under section 3.1 and 3.3 of the compact, the governor shall notify the standing committees of the legislature with jurisdiction primarily related to natural resources and the environment. A regulation adopted pursuant to section 3.1 and 3.3 of the compact that amends the standard of review and decision shall not be deemed duly adopted in accordance with the statutory authorities and applicable procedures of this state unless the regulation is approved by the legislature and enacted into law.


History: Add. 2008, Act 190, Imd. Eff. July 9, 2008
Popular Name: Act 451
Popular Name: NREPA




Rendered 7/18/2024 9:39 PM
Michigan Compiled Laws Complete Through PA 65 of 2024
Courtesy of legislature.mi.gov