Terms Used In Michigan Laws 324.32706a

  • Adverse resource impact: means any of the following:
  (i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701
  • Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701
  • Cold river system: means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Council: means the Great Lakes-St. See Michigan Laws 324.32701
  • Department: means the department of environmental quality. See Michigan Laws 324.32701
  • Flow-based safety factor: means a protective measure of the assessment tool that reduces the portion of index flow available for a withdrawal to 1/2 of the index flow for the purpose of minimizing the risk of adverse resource impacts caused by statistical uncertainty. See Michigan Laws 324.32701
  • Index flow: means the 50% exceedance flow for the lowest summer flow month of the flow regime, for the applicable stream reach, as determined over the period of record or extrapolated from analyses of the United States geological survey flow gauges in Michigan. See Michigan Laws 324.32701
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Large river: means a river with a drainage area of 300 or more square miles. See Michigan Laws 324.32701
  • Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.32701
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701
  • Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701
  • Small river: means a river with a drainage area of less than 300 square miles. See Michigan Laws 324.32701
  • Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701
  • Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701
  • Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701
    •   (1) On October 1, 2008, the department shall make available for testing and evaluation an internet-based water withdrawal assessment tool based upon the recommendations of the former groundwater conservation advisory council and the requirements of this part. The assessment tool shall contain a flow-based safety factor. Beginning 1 year after the effective date of the amendatory act that added this section, the department shall implement the assessment tool.
      (2) The assessment tool shall determine whether a proposed withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a proposed withdrawal is likely to cause an adverse resource impact based upon whether the proposed withdrawal is from a cold river system, a cold-transitional river system, a cool river system, or a warm river system. The assessment tool shall account for impacts due to cumulative withdrawals as provided for in section 32706e. The assessment tool shall also distinguish the impact of a proposed withdrawal based upon whether the proposed withdrawal is from a stream, a small river, or a large river, subject to the following:
      (a) Cool streams and warm streams with less than 3 square miles of drainage area shall be integrated into the next largest drainage area for purposes of assessment tool determinations.
      (b) Cool streams and warm streams with less than 20 square miles of drainage area and less than 1 cubic foot per second of index flow shall be integrated into the next largest drainage area for purposes of assessment tool determinations.
      (c) Cool streams and warm streams with a drainage area of more than 3 square miles but less than 6 square miles shall be integrated into the next largest drainage area for purposes of assessment tool determinations for groundwater withdrawals.
      (3) The assessment tool shall allow the user to enter into fields the following data related to a proposed withdrawal:
      (a) The capacity of the equipment used for making the withdrawal.
      (b) The location of the withdrawal.
      (c) The withdrawal source, whether surface water or groundwater.
      (d) If the source of the withdrawal is groundwater, whether the source of the withdrawal is a glacial stratum or bedrock.
      (e) The depth of the withdrawal if from groundwater.
      (f) The amount and rate of water to be withdrawn.
      (g) Whether the withdrawal will be intermittent.
      (4) The assessment tool shall contain a print function that allows the user, upon receipt of the assessment tool’s determination, to print the data submitted and the determination returned along with a date and time.
      (5) The assessment tool shall work in conjunction with the online registration process and shall also allow operation independent of the online registration process.
      (6) On an ongoing basis, the department shall add verified data to the assessment tool’s database from reports submitted under sections 32707, water use conservation plans submitted under section 32708, and permits issued under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, and other sources of data regarding the waters of the state. Additionally, the department shall make technical modifications to the assessment tool related to considerations of temperature, hydrology, and stream or river flow based upon a scientific methodology adopted by order of the commission.
      (7) If a person disagrees with the designation of a particular stream or river as a cold river system, a cold-transitional river system, a cool river system, or a warm river system for use in the assessment tool or otherwise under this part, the person may petition for a redesignation of that stream or river. The petition shall be submitted to the commission for its review and determination.
      (8) The department shall report annually to the standing committees of the legislature with jurisdiction primarily pertaining to natural resources and the environment on the implementation of the assessment tool and this part. This report shall include, but is not limited to, all of the following:
      (a) The number of zone C withdrawal site-specific reviews requested by applicants each 12 months after the effective date of the implementation of the assessment tool under section 32706a.
      (b) The number of zone C withdrawal site-specific review determinations that resulted in changes from zone C to zone B and the number of changes from zone C to zone A.
      (c) The number of zone C withdrawal site-specific review determinations that result in a zone D withdrawal determination.
      (d) The number of site-specific review determinations where the department failed to meet statutory timelines.
      (e) The number of registered assessment tool determinations for each zone.
      (f) The number of voluntary requests for site-specific reviews that were submitted to the department and whether the department failed to meet statutory timelines on these site-specific reviews.
      (g) The number of registrations submitted to the department under this part.

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