The New Water Use Requirements
January , 2007
Lyndon Kelley- MSU Extension Water Quality Agent
Why is water use an issue?
• Historic water use issues – Great Lakes Diversion
– addressed by Annex 2001
– We need to be stewards of our own resources.
• Michigan was the only state in the Great Lakes
region without a water use permitting system.
• Recent court cases
– Nestle case
• Water use conflicts
Annex 2001
• States and provinces will manage their own
in-basin withdrawals
• Basin-wide, resource-based standard
– flexible application
• Each jurisdiction will commit to
establishing a program, including
thresholds, to manage or regulate new or
increased withdrawals consistent with the
standard.
New packet of
Water Use Regulation for Michigan
• P.A 148 - Water Use Reporting - 2004
• P.A. 177 – Water use conflict resolution - 2004
P.A. 33-36 of February 2006
• Large Quantity withdraw requirements and
meeting Great Lakes Annex expectations.
PA 177
Act 177 allows owner of a “small quantity
well” to file a complaint with MDEQ (or
MDA) if well:
• Fails to furnish normal water supply
• Fails to provide potable water
Complainant must have a credible reason to
believe that the problem is caused by a
HIGH CAPACITY WELL
Groundwater Mapping on the
Web:
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http://gwmap.rsgis.msu.edu/viewer.htm
Look right, click on groundwater inventory
Geology
Location and Yield of Aquifers
Glacial Yield
– This provides an overview of the potential yield for
aquifers in various areas of the state. Much of the most
heavily irrigated areas are located in zones that can
provide adequate resources.
Water use Reporting
New Requirements -PA 33 -34
– Require permits for new uses over 2 million
gallons per day.
– Sets a performance standard for Large scale
water users. ( > 70 gallon / minute )
– Where Agriculture fits:
> 100,000 gal. a day< 2 million gal. per day.
Need to register and report , no permit required
Permit Threshold - 2 mg/d 30 day
average, Common distribution system
100,000 gal./day = 70 gal./min. capacity
1 million gal./day = 700 gal./min. capacity
2 million gal./day = 1400 gal./min. capacity
1400 gal./min. capacity at 50% use = 700
gal./min. capacity
Water Use Reporting- PA 148
• All water withdrawals with over 100,000 gallon/
day capacity (70 gallons / minute)
• One or more well combined capacity on same or
adjacent property of same owner/operator.
• Much the same format as 2004 and 2005 report .
• Addition of GPS location of Groundwater
withdrawal. (latitude / longitude) within 25’
• One time option to establish a baseline capacity
Agriculture water use reporting
to MDA only
• The rarely used option of reporting to MDEQ
was removed in P.A. 33 leaving Michigan
Department of Agriculture as the only reporting
option for agricultural producers.
• There is No Charge for Agriculture water use
reporting, a $200 annual saving over other
sectors.
Static water level
• Reporting of static water level is no longer
required
• Static water level reporting was moved from a
requirement to report to a statement of when
available.
• Static water level records are still a very
effective method of monitoring well
performance.
Water Use Reporting- location of Groundwater
withdrawal. (latitude / longitude)
• GPS location of Groundwater withdrawal. within 25’
(latitude / longitude to 6 significant figures)
Example. latitude 42.1306 , longitude -85.4701
• -GPS location of withdrawal will allow mapping and
analysis of effect on groundwater and stream flow
• Most hand held GPS unit can provide this information
• latitude and longitude maybe found for any location
identified on aerial map from: gwmap.rsgis.msu.edu
• Well logs contain latitude and longitude information
Water Use Reporting- location of Groundwater
withdrawal. (latitude / longitude)
gwmap.rsgis.msu.edu
latitude 42.1306 ,
longitude -85.4701
Water Use Reporting- location of Groundwater
withdrawal. (latitude / longitude)
gwmap.rsgis.msu.edu
Water Use Reporting- 2006
• 2006 Water Use reporting forms differ from previous
years. Avoid old forms..
• Forms maybe acquired from the internet at:
http://www.michigan.gov/mda/0,1607,7-1251567_1599_29980---,00.html
• Forms and useful information on the method of
estimating water use are available at:
http://web1.msue.msu.edu/stjoseph/anr/irrigat.htm
• Many MSU Extension offices and USDA service
center will have form a
Baseline Capacity – 2006 one time opportunity
• “Baseline Capacity” - Rated capacity of the
system as of February 28, 2006, reported as
pump capacity in gal/min.
• Water withdrawal prior to February 2006 are
granted a reputable presumption of no "adverse
resource impact.”
Baseline Capacity – do not miss this one !!!
Increasing a water withdrawal by more than 70
gal./ min. beyond the baseline, constitutes a
new water withdrawal, loosing the reputable
presumption of no "adverse resource impact”
If no “Baseline Capacity” volume is record in
2006, your 2004-2005 records will be used to
determine a baseline.
Most farmers rated pump capacity is far greater
than their water use in 2004 or 2005.
Trout streams
PA 33
• Prohibit a person from making a large quantity
withdrawal that caused an adverse resource
impact to a designated trout stream;
• Prescribe a maximum civil fine of $5,000 per
day for a knowing violation this Section
- Natural Resources and Environmental Protection Act
(NREPA) has always had a standard of no adverse
resource impact to a water body but the use of this as
a standard for water withdraw is new.
PA 33 - 34
Trout Stream protection (through Feb. 2008)
– Require either
• Permit for new wells located within 1320 ft
of designated trout stream
Or
• Placement of wells 150ft deep (top of screen)
And / Or
• Proof that flow will not be drawn below 50%
of the 5 year seasonal low flow
Two-year “Trout Stream Rule”
 SEC. 32722
 UNTIL A WATER WITHDRAWAL ASSESSMENT TOOL BECOMES
EFFECTIVE UPON LEGISLATIVE ENACTMENT PURSUANT TO THE
RECOMMENDATIONS OF THE GROUNDWATER CONSERVATION
ADVISORY COUNCIL UNDER SECTION 32803, THERE IS A
REBUTTABLE PRESUMPTION THAT A NEW OR INCREASED LARGE
QUANTITY WITHDRAWAL WILL NOT CAUSE AN ADVERSE RESOURCE
IMPACT IN VIOLATION OF SECTION 32721 UNDER EITHER OF THE
FOLLOWING CIRCUMSTANCES:
(A) THE LOCATION OF THE WITHDRAWAL IS MORE THAN 1,320
FEET FROM THE BANKS OF A DESIGNATED TROUT STREAM.
(B) THE WITHDRAWAL DEPTH OF THE WELL IS AT LEAST 150 ft.
(2) A PRESUMPTION UNDER SUBSECTION (1) MAY BE REBUTTED BY A
PREPONDERANCE OF EVIDENCE THAT A NEW OR INCREASED
LARGE QUANTITY WITHDRAWAL FROM THE WATERS OF THE
STATE HAS CAUSED OR IS LIKELY TO CAUSE AN ADVERSE
RESOURCE IMPACT.
25
PA 33-35
• Trout Stream protection
• http://www.michigan.gov/documents/Fish
eriesOrders_136765_7.htm#FO210
Mill Creek upstream from impoundment (T7S, R12W, S32)
to Preston Road (T7S, R12W, S7) St. Joseph
Curtis Creek (T7S, R12W, S7)St. Joseph
Sherman Mills Creek (T7S, R10W, S28)St. Joseph
Spring Creek (T6S, R10W, S19) mainstream to M-66 St. Joseph
Unnamed Tributary to Spring Creek (T6S, R10W, S16) St. Joseph
Unnamed Tributary (T6S, R10W, S26) St. Joseph
Prairie River (T7S, R9W, S8) MacKale Road upstream to County Line
(Mainstream only) St. Joseph
Flowerfield Creek Mainstream only (T5S, R12W, S13) St. Joseph, Kalamazoo
Sheldon Creek (T5S, R13W, S24) Cass
Creamery Creek (T5S, R13W, S23) Cass
Little Swan Creek (T6S, R9W, S22)St. Joseph
Groundwater Dependent Resources from MNFI
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Groundwater Dependent Resources from MNFI
28
PA 33
• Beginning two years after the bill took
effect, prohibit a person from making a large
quantity withdrawal that caused any adverse
resource impact.
• Prescribe a maximum civil fine of $5,000
per day for a knowing violation this Section
What is an adverse resource impact.
A Holistic system of defining adverse resource
impact that is being discussed is fish species
habitats
• Each water body has a designated fish species
• User can not lower the flow lower than predicted
minimum flow for habitat for fish resource
stream is designated for.
What do you need to do a new large
capacity withdraw ?
• Few Agricultural user will need a permit.
( 2 million gal/ day, common distribution system, 90 day average)
• Through March of 2008 you need to aware of the trout
stream provision if near one.
• All large capacity user need to meet the no adverse
resource impact clause for well constructed after
February 2006.
What is withdrawal that caused an
adverse resource impact.
• Base flow – low flow period for a stream
creek or river
• all water coming from the ground water
recharge rather than surface flow
• early August most years for most streams
PA33
Existing uses gain standing
• Establish a rebuttable presumption that
a new or increased large quantity
withdrawal meeting specified criteria
would not cause an adverse resource
impact, until the enactment of a water
withdrawal assessment tool .
PA 33
• Allow a person who intended to make a
new or increased large quantity withdrawal
for which a permit was not required to
petition the DEQ for a determination that
the withdrawal would not cause an adverse
resource impact; and prescribe a $5,000
petition fee.
PA 33
• Prohibit a local unit of government from
enacting or enforcing an ordinance that
regulated an adverse resource impact caused
by a large quantity withdrawal.
PA 34
• Transfer the Groundwater Conservation Advisory
Council from the DEQ to the Department of Natural
Resources (DNR).
• Require the appointment of additional members to the
Council to assist it in carrying out the additional
duties.
• Adds a technical advisory committee of individuals
with specific technical and legal expertise relevant to
the Council’s responsibilities.
PA 34
• Require the Council and DEQ, the DNR,
the MDA, and the technical advisory
committee to design a water withdrawal
assessment tool to be used by a person
proposing a new or increased large quantity
withdrawal, to assist in determining whether
the withdrawal would cause an adverse
resource impact.
PA 37
• Encourage large-quantity users in a
watershed to form a water users committee
through which the DEQ could facilitate the
resolution of a situation in which a
withdrawal caused an adverse resource
impact.
PA 33 - 36 House added amendments
•
increasing non-agricultural fee to $200
•
excludes high capacity well with small annual
use from reporting requirements ( less than 1.5
million gallon / year )
- high capacity well will register with
explanation of capacity to pump > 70 gal./ min
but withdraw < 1.5 million gallon in a 90 day
period.
Do you have a 70 gallon/minute withdraw that
you do not have to report use annually
( less than 1.5 million gallon / year )
Excludes withdraw used for fire suppression.
Less than 1.5 million gallon / year withdraw
1.5 million gallon =
• 238 cows using 70 gallons / day over 90 days
• 333 beef steer consuming 50 gallons / animal /
day over 90 days
• Withdraw of 70 gallons / minute for 15 contuse
days of 90 day
Groundwater Conservation
Advisory Council – Act 148
• Study sustainability of Michigan’s
groundwater use
– Should state provide additional oversight of
groundwater withdrawals?
• Monitor Annex 2001
• Study implementation of Act 177
– Groundwater dispute resolution
Groundwater Conservation
Advisory Council
• Conservation means that to meet the needs
of existing and future users and to ensure
that habitats and ecosystems are protected,
the use of the State’s water must be done in
a sustainable and renewable manner. Sound
water-resource management emphasizes
careful and informed use of water, which is
essential to meet these objectives.
Groundwater Conservation
Advisory Council
• Sustainable use of Michigan’s groundwater
resources means:
– meeting the needs of the present while not
compromising the ability of future generations
to meet their needs.
– recognizing that sustainable use encompasses
environmental, economic, and social systems
and their contribution to meeting human needs.