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Changes to Michigan’s
Water Use Reporting Laws,
On February 28, 2006, Governor Granholm signed a five-bill package of water use legislation passed overwhelmingly by both the Michigan Senate and House. This summary by Michigan Department of Agriculture staff explains the main changes to Michigan’s water use reporting laws, and how they affect agricultural water users. It also explains when some of the main changes take effect. This is not a complete description of Michigan’s water use reporting law, its history, and changes made to it over time. Those interested can check the references at the end of this document for more information. Who Must Register and Report The criteria for who must report their water use has not changed. Anyone with the capacity to withdraw more than 100,000 gallons per day (equivalent to 70 gallons per minute) must report their water use every year, either to the Michigan Department of Environmental Quality (MDEQ) or the Michigan Department of Agriculture (MDA). All withdrawals supplying a common distribution system must be combined when calculating the total amount of an existing or proposed withdrawal, whether or not the withdrawals are for a single purpose or separate purposes. Agricultural water users report to the MDA; all others must report to the MDEQ. Well owners can be fined for not complying. In addition, the new laws state that as of February 28, 2006, any farmer with the capacity to make a large quantity water withdrawal (100,000 gallons per day) must be registered with the MDA before beginning the withdrawal. This includes existing, new, or increased large quantity withdrawals. Everyone that has previously reported their water use to the MDA is registered. Baseline Capacity The baseline capacity of a water withdrawal is defined under new amendments to the laws as the system capacity available for a withdrawal on the effective date of the act, if the system capacity and a description of the system capacity are reported by April 1, 2007. Only the capacity available by February 28, 2006 is considered to be part of the baseline capacity. The best chance to report baseline capacity is with the 2006 water use report, due April 1, 2007. If producers do not report their baseline capacity, it will be defined under law as the highest annual amount of water withdrawn from 2002 to 2005, as reported to the MDA or the MDEQ. If producers have not reported their water use, their baseline capacity will be zero, and any large quantity withdrawal will be considered to be a new withdrawal, and will have to meet the resource impact standards of the new laws. New or Increased Large Quantity Withdrawals New or increased large quantity withdrawal means a new water withdrawal of over 100,000 gallons per day, or an increase of over 100,000 gallons per day, beyond the baseline capacity of a withdrawal. As of February 28, 2006, no one may make a new or increased large quantity water withdrawal (100,000 gallons per day) that has a negative impact on a designated trout stream. There is a link to a map of designated trout streams below, under “For More Information”. As of February 28, 2008, no one may make a new or increased large quantity withdrawal that causes any negative resource impact. Under a new section of law, the legislature directs the groundwater conservation advisory council to design a water withdrawal assessment tool. Once developed, this tool is to be used by a person proposing a new or increased large quantity withdrawal to help determine whether the proposed withdrawal may cause an adverse impact to the waters, or the water-dependent natural resources, of the state. The law also states that until the withdrawal assessment tool is put in place, it is presumed that any new large capacity withdrawal located more than 1,320 feet (one-quarter mile) from a designated trout stream, or more than 150 feet deep, does not cause an adverse resource impact. This presumption can be challenged, but it means that anyone seeking to demonstrate an adverse resource impact must show by a preponderance of the evidence that it has caused or is likely to cause an adverse impact. Reporting Your Water Use The law states that producers meeting water use reporting requirements must report the following to the MDA for 2006. Producers should record data for their 2006 water use report as they use water.
Information on the amount of water withdrawn, the latitude and longitude of large capacity wells, and the baseline capacity of systems (if reported) is exempt from disclosure under the Freedom of Information Act, unless the MDEQ determines that the withdrawal is causing an adverse resource impact. MDA staff will prepare new forms for reporting 2006 water use. Earlier versions of MDA water use reporting forms will be invalid for 2006. The forms will be mailed to all registered agricultural water users in December of 2006, and will be available at that time through the MDA’s Web site, http://www.michigan.gov/mda . For more information: Agricultural
Water Use Reporting Public Acts 33,
34, 35, 36, and 37 of 2006 (new water use legislation)
Part 327 of P.A. 451 of 1994. Designated trout
streams |