HB-5070, As Passed House, May 21, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5070

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32725, 32726, and 32728 (MCL 324.32725,

324.32726, and 324.32728), section 32725 as added by 2006 PA 36 and

sections 32726 and 32728 as added by 2006 PA 33; and to repeal acts

and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32725. (1) All persons making large quantity withdrawals

within a watershed are encouraged to establish a water users

committee to evaluate the status of current water resources, water

use, and trends in water use within the watershed and to assist in

long-term water resources planning. A water users committee may be

composed of all registrants, water withdrawal permit holders, and

local government officials within the watershed. 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 C withdrawal, the

department shall notify all registrants, permit holders, and local

government officials within the watershed of the zone C 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) (2) 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

water withdrawal permit holders within the watershed and shall

attempt to facilitate an agreement on voluntary measures that would

prevent adverse resource impacts.

(4) (3) If, within 30 days after the department has notified

the water users committee or convened the meeting under subsection

(2) (3), the registrants and water withdrawal permit holders are

not able to voluntarily agree to measures that would prevent

adverse resource impacts, the department may propose a solution

that the department believes would equitably resolve the situation

and prevent adverse resource impacts. The recommended solution is

not binding on any of the parties.

(5) (4) The director may, without a prior hearing, order a

person holding a water withdrawal 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) (5) A registrant or water withdrawal permit holder may

submit a petition to the director alleging that adverse resource

impacts are occurring or are likely to occur from 1 or more water

withdrawals. The director shall either investigate the petition or

forward the petition to the director of the department of

agriculture if the water withdrawals are from an agricultural well.

The petition shall be in writing and shall include all the

information requested by the director or the director of the

department of agriculture, as appropriate.

(7) (6) A person who submits more than 2 unverified petitions

under this section within 1 year may be ordered by the director to

pay for the full costs of investigating any third or subsequent

unverified petition. As used in this subsection, "unverified

petition" means a petition in response to which the director

determines that there is not reasonable evidence to suspect adverse

resource impacts.

     (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.

     Sec. 32726. (1) 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.

     (2) A local unit of government by a majority vote of its

governing body may recommend that the department review a proposed

water withdrawal that it believes has a significant risk of causing

a conflict with other water users within its jurisdiction. The

department shall review the proposal and attempt to resolve any

potential conflicts through negotiations.

     Sec. 32728. This part shall not be construed as affecting,

intending to affect, or in any way altering or interfering with

common law water rights or the applicability of other laws

providing for the protection of natural resources or the

environment or 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.

     Enacting section 1. Section 32724 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.32724, is

repealed.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) House Bill No. 4343.

     (b) House Bill No. 5065.

     (c) House Bill No. 5066.

     (d) House Bill No. 5067.

     (e) House Bill No. 5068.

     (f) House Bill No. 5069.

     (g) House Bill No. 5071.

     (h) House Bill No. 5072.

     (i) House Bill No. 5073.