This is our starting text

SB-0854, As Passed Senate, December 8, 2005

SUBSTITUTE FOR

SENATE BILL NO. 854

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 32725.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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.

(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.

(3) If, within 30 days after the department has notified the

water users committee or convened the meeting under subsection (2),

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. If the recommended solution or other agreement that

would prevent adverse resource impacts is not implemented, the

department may take action as otherwise authorized under this part.

(4) The director may, without a prior hearing, order a person

holding a water withdrawal permit 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.

(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.

(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.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 850.