Michigan Laws 324.32721 – Large quantity withdrawal; prohibition; exception; certain large quantity withdrawals subject to definition of adverse resource impact existing on February 28, 2006
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Terms Used In Michigan Laws 324.32721
- 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 324.32701Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701 New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 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) A person shall not make a new or increased large quantity withdrawal from the waters of the state that causes an adverse resource impact.
(2) This section does not apply to the baseline capacity of a large quantity withdrawal or a well capable of making a large quantity withdrawal that existed on February 28, 2006.
(3) This section does not apply to a withdrawal that is utilized solely for fire suppression.
(4) A person who developed the capacity to make a new or increased large quantity withdrawal on or after February 28, 2006 and prior to February 1, 2009 or who received a determination under former section 32724 during that period is subject to the definition of adverse resource impact that existed on February 28, 2006.