Michigan Laws 324.32727 – Exemptions; compilation and sharing of certain data
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Terms Used In Michigan Laws 324.32727
- 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 324.32701Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701 Commission: means the commission of natural resources. See Michigan Laws 324.301 Department: means the department of environmental quality. See Michigan Laws 324.32701 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701 Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.32701 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. 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 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701
(1) The following withdrawals are exempt from the requirements of this part unless they result in a diversion:
(a) A withdrawal undertaken as part of an activity authorized by the department under part 111, 115, 201, 213, or 615.
(b) A withdrawal undertaken as part of an activity authorized by the United States environmental protection agency under either of the following:
(i) The comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510.
(ii) The resource conservation and recovery act of 1976, Public Law 94-580.
(c) A withdrawal that is undertaken for hydroelectric generation at sites certified, licensed, or permitted by the federal energy regulatory commission.
(d) A hydroelectric facility authorized under section 12 of chapter 264 of the act of March 3, 1909, commonly known as the river and harbor act of 1909, 35 Stat. 821.
(e) A hydroelectric facility authorized under section 1075(c) of the intermodal surface transportation efficiency act of 1991, Public Law 102-240.
(f) A hydroelectric facility authorized under Public Law 85, chapter 1368, 34 Stat. 102.
(g) Removal of water from an artificially created surface water body that has as its primary source of water either of the following:
(i) A withdrawal that is not a new or increased large quantity withdrawal.
(ii) A registered new or increased large quantity withdrawal that has been determined by the assessment tool, a site-specific review, or a permit issued under section 32723 to be a withdrawal that is not likely to cause an adverse resource impact.
(h) A withdrawal from a noncommercial well located on the following residential property:
(i) Single-family residential property unless that well is a lake augmentation well.
(ii) Multifamily residential property not exceeding 4 residential units and not more than 3 acres in size unless that well is a lake augmentation well.
(2) The director of the department shall ensure that data in the possession of the state related to withdrawals that are not regulated under this part are compiled and shared with departmental personnel responsible for implementing this part.