HB-4343, As Passed Senate, June 25, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4343

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32710 and 32725 (MCL 324.32710 and 324.32725),

section 32710 as added by 1995 PA 59 and section 32725 as added by

2006 PA 36.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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.

     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 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) (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.

     Enacting section 1. This amendatory act does not take effect

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

enacted into law:

     (a) Senate Bill No. 212.

     (b) Senate Bill No. 723.

     (c) Senate Bill No. 727.

     (d) Senate Bill No. 858.

     (e) Senate Bill No. 859.

     (f) Senate Bill No. 860.

     (g) House Bill No. 5065.

     (h) House Bill No. 5066.

     (i) House Bill No. 5067.

     (j) House Bill No. 5069.

     (k) House Bill No. 5073.