Introduced
by
To require a state groundwater withdrawal permit for users that withdraw more than two million gallons a day. The bill would require the Department of Environmental Quality to issue a permit within 60 days if the withdrawal will not cause an adverse resource impact or is from a confined aquifer. This is defined as an aquifer overlain by geologic material that has a low hydraulic conductivity and impedes or prevents vertical groundwater movement, and “adverse resource impact” is defined as decreasing the base flow of a stream or lowering the level of a body of surface water such that it will no longer support characteristic fish populations. A permit application fee of $1,000 would be charged, and violations would be subject to civil penalties of $5,000 per day. Language in the bill states that it is not intended to affect or interfere with existing common law water rights. See also House Bills <a href="http://www.michiganvotes.org/2003-HB-5366">5366</a> and <a href="http://www.michiganvotes.org/2005-HB-5371">5371</a>.
Referred to the Committee on Natural Resources and Environmental Affairs
Reported without amendment
With the recommendation that the substitute (S-6) be adopted and that the bill then pass.
Substitute offered
To only require permits for large withdrawals to "supply a common distribution system," and instead simply prohibit groundwater withdrawals that cause an “adverse impact” on the resource. See Senate-passed version for details.
The substitute passed by voice vote
Amendment offered
by
To also tie-bar the bill to Senate Bill 850, meaning this bill cannot become law unless that one does also. SB 850 would repeal the riparian water use doctrine of Michigan law, which establishes that a property owner has a property right to the use of groundwater drawn from beneath his or her land, as long as this does not interfere with another person’s use of groundwater.
The amendment failed 16 to 19 (details)
Amendment offered
by
To give the DEQ the authority to define "adverse impact" through its rulemaking process.
The amendment failed 16 to 20 (details)
Passed in the Senate 36 to 0 (details)
To prohibit a person from making a large quantity groundwater withdrawal (more than 100,000 gallons per day) that causes an adverse resource impact to a designated trout stream; or, beginning in two years, one that causes any adverse resource impact as defined by the "assessment tool" that would be developed under Senate Bill 851. Withdrawals to "supply a common distribution system" would require a permit. A user could request a determination from DEQ that a withdrawal would not cause an adverse impact. Local governments would be preempted from regulating in this area.
Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment
Reported without amendment
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that includes language prohibiting any water "diversion" from the Great Lakes basin, but excluding "comsumptive" uses from this. Water packaged in a container less than 5.7 gallons would be considered consumptive.
The substitute passed by voice vote
Amendment offered
by
To clarify the which parts of the constitution are claimed as the authority for the legislature's power to regulate in this area.
The amendment passed by voice vote
Amendment offered
by
To not tie bar the bill to Senate Bill 355, which relates to a proposed “clean corporate citizen” program.
The amendment passed by voice vote
Passed in the House 100 to 4 (details)
To prohibit a person from making a large quantity groundwater withdrawal (more than 100,000 gallons per day) that causes an adverse resource impact to a designated trout stream; or, beginning in two years, one that causes any adverse resource impact as defined by the "assessment tool" that would be developed under Senate Bill 851. Withdrawals to "supply a common distribution system" would require a permit. A user could request a determination from DEQ that a withdrawal would not cause an adverse impact. Local governments would be preempted from regulating in this area. Water "diversions" from the Great Lakes basin would be prohibited, but "comsumptive" uses in which water is incorporated into a product or food item would be exempt from this. Water packaged in a container less than 5.7 gallons would be considered consumptive.
Passed in the Senate 37 to 0 (details)
To concur with the House-passed version of the bill, which also prohibits water "diversions" from the Great Lakes basin, but "comsumptive" uses in which water is incorporated into a product or food item would be exempt from this. Water packaged in a container less than 5.7 gallons would be considered consumptive.
