Michigan Laws 324.32803 – Water use advisory council; creation; qualifications and appointment of members; appointment of technical advisors; duties of council; report
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Terms Used In Michigan Laws 324.32803
- Aquifer: means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn. See Michigan Laws 324.32801
- Assessment tool: means the water withdrawal assessment tool provided for in part 327. See Michigan Laws 324.32801
- Council: means the water use advisory council created under section 32803. See Michigan Laws 324.32801
- Department: means the department of environmental quality. See Michigan Laws 324.32801
- Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
- Director: means the director of the department. See Michigan Laws 324.32801
- Ex officio: Literally, by virtue of one's office.
- Groundwater: means water below the land surface in a zone of saturation. See Michigan Laws 324.32801
- 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.
- Majority leader: see Floor Leaders
- 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
(1) The water use advisory council is created within the department. The council shall consist of all of the following members:
(a) Four individuals appointed by the senate majority leader as follows:
(i) One individual representing business and manufacturing interests.
(ii) One individual representing public utilities.
(iii) One individual representing a statewide angler association.
(iv) One individual representing a statewide agricultural organization.
(b) Four individuals appointed by the speaker of the house of representatives as follows:
(i) One individual representing registered well drilling contractors with hydrology and drilling field experience.
(ii) One individual representing local units of government.
(iii) One individual representing agricultural irrigators.
(iv) One individual representing wetlands conservation organizations.
(c) Five individuals appointed by the governor as follows:
(i) One individual representing municipal water suppliers.
(ii) One individual representing a statewide conservation organization.
(iii) One individual representing a statewide riparian landowners association.
(iv) One individual representing professional hydrologists and hydrogeologists, as defined in section 32706c, with hydrogeology field experience.
(v) One individual representing Indian tribes.
(d) Four individuals appointed by the director as follows:
(i) One individual representing nonagriculture irrigators.
(ii) One individual representing the aggregate industry.
(iii) One individual representing environmental organizations.
(iv) One individual representing local watershed councils.
(e) Six individuals serving as ex officio, nonvoting members, representing the department, the department of agriculture and rural development, the department of natural resources, the office of the Great Lakes, the Michigan geological survey, and the attorney general.
(2) The appointments to the council under subsection (1) shall be made not later than 60 days after the effective date of the 2018 amendatory act that amended this section. The individual making the appointment under subsection (1) shall give consideration and deference to individuals currently serving on the department’s water use advisory council.
(3) An individual appointed to the council shall serve for a term of 4 years, and may be reappointed. Individuals appointed to the council serve without compensation. A vacancy on the council shall be filled in the same manner as the original appointment.
(4) The council may elect co-chairs, form committees, set meeting schedules and work plans to address the council’s responsibilities as provided by law, address charges from the department, and establish priorities. Members of the council may participate in any committees created by the council. Members of the council shall strive to make recommendations by consensus vote, and may submit opposition statements that must be included in the council’s report under subsection (7).
(5) The council may appoint technical advisors with specific scientific, technical, legal, and similar expertise relevant to the council’s responsibilities. Technical advisors may participate in any council meetings, committees, or subgroups created by the council but shall not vote on recommendations made by the council to the department or legislature under subsection (7).
(6) A meeting of the council must be held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(7) The council shall do all of the following:
(a) Make recommendations to the department, the department of agriculture and rural development, the department of natural resources, and the legislature on the implementation of part 327, including all of the following:
(i) Strategies for collection, verification, and use of data, including geology, aquifer characteristics, and groundwater and surface water hydrology.
(ii) Improvement, verification, regionalization, and integration of models used in the water withdrawal assessment tool and site-specific review, including models developed by private and public entities, organizations, or individuals.
(iii) Identification of research, public-private partnerships, training, and changes to the water withdrawal assessment tool needed to improve the department’s ability to implement part 327 and to improve the water withdrawal assessment process under part 327.
(b) Study and make recommendations, as needed or as requested by the relevant standing committees of the legislature or the department, regarding the development and refinement of the water withdrawal assessment process under part 327.
(c) Make recommendations on reconciling conflicts in state laws related to the use of the waters of the state.
(d) At least every 2 years after the effective date of the 2018 amendatory act that amended this section, provide a report to the senate majority leader, the speaker of the house of representatives, and the standing committees of the legislature with jurisdiction primarily related to natural resources and the environment that makes recommendations regarding how the water withdrawal assessment process under part 327 could be improved. The report shall contain specific recommendations on the use of the assessment tool, the site-specific review process, the permitting process, the staffing, budgetary, software, and other resources required by the departments to successfully implement part 327, and any other measure that the council determines would improve the water withdrawal assessment process under part 327.