Public Act 36 of 2006

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• Introduced by Sen. Ray Basham (D) on November 1, 2005, to require a state permit for withdrawals of tributary surface water, spring water, or groundwater if the withdrawal affects the natural flow of water into an inland lake or stream according to criteria that would not be set in statute, but instead would be set by the Department of Environmental Quality. The bill would impose extensive permit procedures and give extensive authority to the department over whether to issue a permit and what conditions to place on it.
  • Referred to the Senate Natural Resources & Environmental Affairs Committee on November 1, 2005.
    • Reported in the Senate on December 7, 2005, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
  • Substitute offered in the Senate on December 7, 2005, to replace the permit requirements with a voluntary users council approach. See Senate-passed bill for details. The substitute passed by voice vote in the Senate on December 7, 2005.
• Passed 36 to 0 in the Senate on December 8, 2005, to “encourage” large groundwater users in an area to establish a water use committee to “assist in long term water resources planning” using a watershed approach, and to adopt voluntary use restrictions if necessary to avoid adverse impacts on the resource. If the Department of Natural Resources determines there is reasonable scientifically-based evidence that adverse resource impacts are occurring or are likely to occur from large quantity withdrawals it can order the committee to meet and create voluntary use restrictions, or itself recommend such restrictions. If these are not adopted by the users the department can order a particular user to restrict a withdrawal if clear and convincing scientific evidence shows there is a substantial and imminent threat of an adverse impact on the resource.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on December 8, 2005.
  • Referred to the House Natural Resources, Great Lakes, Land Use, and Environment Committee on December 8, 2005.
    • Reported in the House on February 9, 2006, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
  • Substitute offered in the House on February 9, 2006, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the House on February 9, 2006.
  • Amendment offered by Rep. David Palsrok (R) on February 9, 2006, 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 in the House on February 9, 2006.
• Passed 103 to 1 in the House on February 9, 2006, to “encourage” large groundwater users in an area to establish a water use committee to “assist in long term water resources planning” using a watershed approach, and to adopt voluntary use restrictions if necessary to avoid adverse impacts on the resource. If the Department of Natural Resources determines there is reasonable scientifically-based evidence that adverse resource impacts are occurring or are likely to occur from large quantity withdrawals it can order the committee to meet and create voluntary use restrictions, or itself recommend such restrictions. If these are not adopted by the users the department can order a particular user to restrict a withdrawal if clear and convincing scientific evidence shows there is a substantial and imminent threat of an adverse impact on the resource.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on February 9, 2006, to concur with the House-passed version of the bill. Passed 37 to 0 in the Senate on February 9, 2006.
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Jennifer Granholm on February 22, 2006.