Michigan Laws 324.31703 – Duties of director or director of department of agriculture and rural development in groundwater dispute
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Terms Used In Michigan Laws 324.31703
- Agricultural well: means a high-capacity well that is located on a farm and is used for an agricultural purpose as that term is defined in section 32701. See Michigan Laws 324.31701
- Complaint: means a complaint submitted under section 31702 alleging a potential groundwater dispute. See Michigan Laws 324.31701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of environmental quality. See Michigan Laws 324.31701
- Director: means the director of the department or his or her designee. See Michigan Laws 324.31701
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Groundwater: means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material. See Michigan Laws 324.31701
- Groundwater dispute: means a groundwater dispute declared by order of the director or the director of the department of agriculture and rural development under section 31703. See Michigan Laws 324.31701
- High-capacity well: means 1 or more water wells associated with an industrial or processing facility, an irrigation facility, or a farm that, in the aggregate from all sources and by all methods, have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
- Potable water: means water that at the point of use is acceptable for human consumption. See Michigan Laws 324.31701
- Small-quantity well: means 1 or more water wells of a person at the same location that, in the aggregate from all sources and by all methods, do not have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
- Well drilling contractor: means a well drilling contractor registered under part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.31701
(1) The director or the director of the department of agriculture and rural development, as appropriate, shall, by order, declare a groundwater dispute if an investigation of a complaint discloses all of the following, based upon reasonable scientifically based evidence, and within a reasonable amount of time the director or the director of the department of agriculture and rural development, as appropriate, is unable to resolve the complaint:
(a) That the small-quantity well has failed to furnish the well’s normal supply of water or failed to furnish potable water.
(b) That the small-quantity well and the well’s equipment were functioning properly at the time of the failure. The determination under this subdivision shall be made based upon an assessment from a well drilling contractor that is provided by the owner of the small-quantity well.
(c) That the failure of the small-quantity well was caused by the lowering of the groundwater level in the area.
(d) That the lowering of the groundwater level exceeds normal seasonal water level fluctuations and substantially impairs continued use of the groundwater resource in the area.
(e) That the lowering of the groundwater level was caused by at least 1 high-capacity well.
(f) That the owner of the small-quantity well did not unreasonably reject a remedy proposed by the director or the director of the department of agriculture and rural development under section 31702(5).
(2) In addition to the authority under subsection (1) to declare a groundwater dispute, if the director or the director of the department of agriculture and rural development, as appropriate, has clear and convincing scientifically based evidence that indicates that continued groundwater withdrawals from a high-capacity well will exceed the recharge capability of the groundwater resource of the area, the director or the director of the department of agriculture and rural development, as appropriate, by order, may declare a groundwater dispute.
(3) The director or the director of the department of agriculture and rural development, as appropriate, may amend or terminate an order declaring a groundwater dispute at any time. Prior to amending an order declaring a groundwater dispute regarding an agricultural well under this subsection, the director of the department of agriculture and rural development shall schedule an informal meeting and provide notice of the informal meeting in the manner provided under section 31702a.