2005 Senate Bill 854 / 2006 Public Act 36

Regulate water use that affects “natural water flow”

Introduced in the Senate

Nov. 1, 2005

Introduced by Sen. Ray Basham (D-8)

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 Committee on Natural Resources and Environmental Affairs

Dec. 7, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

To replace the permit requirements with a voluntary users council approach. See Senate-passed bill for details.

The substitute passed by voice vote

Dec. 8, 2005

Passed in the Senate 36 to 0 (details)

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.

Received in the House

Dec. 8, 2005

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment

Feb. 9, 2006

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Substitute offered

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

Amendment offered by Rep. David Palsrok (R-101)

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 103 to 1 (details)

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.

Received in the Senate

Feb. 9, 2006

To concur with the House-passed version of the bill.

Passed in the Senate 37 to 0 (details)

Signed by Gov. Jennifer Granholm

Feb. 22, 2006