2007 House Bill 5065 / 2008 Public Act 183

Impose groundwater use restrictions and permitting mandates

Introduced in the House

July 25, 2007

Introduced by Rep. Gary McDowell (D-107)

To no longer consider bottled water operations as being in the same class of 'consumptive uses' as agricultural products, which would have the effect of subjecting them to much more restrictive permitting requirements, regulations, and restrictions. Also, to redefine in a more restrictive manner the “index flow” on which determinations are made regarding whether commercial or industrial groundwater withdrawals are affecting streams or rivers. This would make it easier to impose more restrictions and regulations based on a claim that withdrawals are affecting water flow levels in streams. The bill is part of a legislative package consisting of House Bills 5065 to 5073 that would restrict and subject to extensive regulation the use of groundwater by industrial and commercial businesses.

Referred to the Committee on Great Lakes and Environment

March 5, 2008

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

May 21, 2008

Substitute offered

To replace the previous version of the bill with one that revises details based on extensive testimony and negotiations. The main substance of the introduced bill as previously described is not changed. This version was subsequently superseded by another substitute with more changes.

The substitute failed by voice vote

Substitute offered by Rep. Judy Emmons (R-70)

To replace the previous version of the bill with one that inserts the provision of Senate Bill 860, the Senate-passed version of this proposed regulation, which establishes less rigorous water use restrictions on groundwater withdrawals and water bottlers. Although adopted on a voice vote, the substitute was immediately superseded by another containing the more restrictive provisions preferred by the House majority.

The substitute passed by voice vote

Substitute offered by Rep. Rebekah Warren (D-53)

To replace the previous version of the bill with one that establishes many specific details of a restrictive groundwater withdrawal regulatory regime; see House-passed version, and for details see <a href="http://www.legislature.mi.gov/documents/2007-2008/billanalysis/House/htm/2007-HLA-5065-3.htm">House Fiscal Agency Analysis</a>.

The substitute passed by voice vote

Amendment offered by Rep. Martin Griffin (D-64)

To remove the tie-bar to other bills in the House groundwater withdrawal regulation package, meaning those bills do not have to become law before this one can.

The amendment passed by voice vote

Amendment offered by Rep. Gary McDowell (D-107)

To exempt residential wells serving not more than four single-family residences on not more than three acres from the regulatory regime proposed by the bill.

The amendment passed by voice vote

Passed in the House 57 to 50 (details)

To redefine in a more restrictive manner the “index flow” on which determinations are made regarding whether commercial or industrial groundwater withdrawals are affecting streams or rivers. (For example, a flow change that reduced fish density in a coldwater river by 1 percent would be prohibited; a Senate-passed bill makes this 3 percent.) This would make it easier to impose more restrictions and regulations based on a claim that withdrawals are affecting water flow levels in streams. Also, to no longer consider bottled water operations as being in the same class of 'consumptive uses' as agricultural products, which would have the effect of subjecting them to much more restrictive permitting requirements, regulations, and restrictions.

Motion by Rep. Steve Tobocman (D-12)

To give the bill immediate effect.

The motion failed 57 to 50 (details)

Received in the Senate

May 27, 2008

Referred to the Committee on Natural Resources and Environmental Affairs

June 25, 2008

Reported without amendment

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

Substitute offered

To replace the previous version of the bill with one that incorporates it into the Senate-passed package of groundwater withdrawal regulations.

The substitute passed by voice vote

Passed in the Senate 35 to 0 (details)

To create a rebuttable presumption that a proposed groundwater withdrawal would not cause a prohibited "adverse resource impact," if that is the determination of the computer program "assessment tool" described in Senate Bill 860.

Received in the House

June 25, 2008

June 26, 2008

Passed in the House 106 to 0 (details)

To concur with the Senate-passed version of the bill, which incorporates it into the Senate's package of groundwater withdrawal regulations.

Signed by Gov. Jennifer Granholm

July 9, 2008