Bill Text: MI HB4200 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Water; other; dispute resolution process for high-capacity well owners; require owners of agricultural irrigation wells to participate and provide for a 3-day opt-out provision for owners of other wells. Amends secs. 31701 & 31702 of 1994 PA 451 (MCL 324.31701 & 324.31702).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-07 - Printed Bill Filed 02/07/2013 [HB4200 Detail]
Download: Michigan-2013-HB4200-Introduced.html
HOUSE BILL No. 4200
February 6, 2013, Introduced by Rep. Brown and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 31701 and 31702 (MCL 324.31701 and 324.31702),
as added by 2012 PA 602.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31701. As used in this part:
(a) "Agricultural well" means a high-capacity well that is
used for an agricultural purpose.
(b) "Complaint" means a complaint submitted under section
31702 alleging a potential groundwater dispute.
(c) "Construction" means the process of building a building,
road, utility, or another structure, including all of the
following:
(i) Assembling materials.
(ii) Disassembling and removing a structure.
(iii) Preparing the construction site.
(iv) Work related to any of the items described in
subparagraphs (i) to (iii).
(d) "Department" means the department of environmental
quality.
(e) "Dewatering well" means a well or pump that is used to
remove water from a mining operation or that is used for a limited
time period as part of a construction project to remove or pump
water from a surface or subsurface area and ceases to be used upon
completion of the construction project or shortly after completion
of the construction project.
(f) "Director" means the director of the department or his or
her designee.
(g) "Farm" means that term as it is defined in section 2 of
the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(h) "Fund" means the aquifer protection revolving fund created
in section 31710.
(i) "Groundwater" means the water in the zone of saturation
that fills all of the pore spaces of the subsurface geologic
material.
(j) "Groundwater dispute" means a groundwater dispute declared
by order of the director under section 31703.
(k) "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.
(l) "Irrigation well" means a high-capacity well that is used
for irrigation.
(m) (l) "Local
health department" means that term as it is
defined in section 1105 of the public health code, 1978 PA 368, MCL
333.1105.
(n) (m)
"Owner" means either of
the following:
(i) The owner of an interest in property.
(ii) A person in possession of property.
(o) (n)
"Potable water" means
water that at the point of use
is acceptable for human consumption.
(p) (o)
"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.
(q) (p)
"Water well" means an
opening in the surface of the
earth, however constructed, that is used for the purpose of
withdrawing groundwater. Water well does not include a drain as
defined in section 3 of the drain code of 1956, 1956 PA 40, MCL
280.3.
(r) (q)
"Well drilling
contractor" means a well drilling
contractor registered under part 127 of the public health code,
1978 PA 368, MCL 333.12701 to 333.12771.
Sec. 31702. (1) The owner of a small-quantity well may submit
a complaint alleging a potential groundwater dispute if the small-
quantity well has failed to furnish the well's normal supply of
water or the well has failed to furnish potable water and the owner
has credible reason to believe that the well's problems have been
caused by a high-capacity well. A complaint shall be submitted to
the director or to the director of the department of agriculture
and rural development if the complaint involves an agricultural
well. The complaint shall be in writing and shall be submitted in
person, via certified mail, via the toll-free facsimile telephone
number provided in subsection (6), or via other means of electronic
submittal as developed by the department. However, the director or
the director of the department of agriculture and rural development
may refuse to accept an unreasonable complaint. The complaint shall
include all of the following information:
(a) The name, address, and telephone number of the owner of
the small-quantity well.
(b) The location of the small-quantity well, including the
county, township, township section, and address of the property on
which the small-quantity well is situated, and all other available
information that defines the location of that well.
(c) A written assessment by a well drilling contractor that
the small-quantity well failure was not the result of well design
or equipment failure. The assessment shall include a determination
of the static water level in the well at the time of the assessment
and, if readily available, the type of pump and equipment.
(d) An explanation of why the small-quantity well owner
believes that a high-capacity well has interfered with the proper
function of the small-quantity well and any information available
to the small-quantity well owner about the location and operation
of the high-capacity well.
(e) The date or dates on which the interference by a high-
capacity well occurred.
(f) Sufficient evidence to establish a reasonable belief that
the interference was caused by a high-capacity well.
(2) The owner of a small-quantity well may call the toll-free
telephone line provided for in subsection (6) to request a
complaint form or other information regarding the dispute
resolution process provided in this part.
(3) Within 2 business days after receipt of a complaint under
subsection (1), the director or the director of the department of
agriculture and rural development, as appropriate, shall contact
the complainant and notify, in writing, the owner of each high-
capacity
well identified in the complaint and of the filing of the
complaint. After providing this notification, the department shall
begin an investigation. The owner of an irrigation well is required
to comply with the dispute resolution process provided for in this
part. However, if the owner of the high-capacity well other than an
irrigation well notifies the department in writing within 3 days
after receiving notification of the complaint that he or she does
not wish to participate in the dispute resolution process provided
for in this part, the investigation shall be suspended and the
dispute shall be resolved as otherwise provided by law.
(4) Within 5 business days after receipt of a complaint under
subsection (1), the director or the director of the department of
agriculture and rural development, as appropriate, shall conduct an
on-site evaluation. However, if the complaint is for a small-
quantity well that is in close proximity to other small-quantity
wells for which documented complaints have been received and
investigated during the previous 60 days, the department need not
conduct an on-site evaluation unless the department determines that
an on-site evaluation is necessary. The director or the director of
the department of agriculture and rural development, as
appropriate, shall give affected persons an opportunity to
contribute to the investigation of a complaint. In conducting the
investigation, the director or the director of the department of
agriculture and rural development, as appropriate, shall consider
whether the owner of the high-capacity well is using industry-
recognized water conservation management practices.
(5) After conducting an investigation, the director or the
director of the department of agriculture and rural development, as
appropriate, shall make a diligent effort to resolve the complaint.
In attempting to resolve a complaint, the director or the director
of the department of agriculture and rural development, as
appropriate, may propose a remedy that he or she believes would
equitably resolve the complaint. If, within 14 days following the
submittal of a complaint, the director of the department of
agriculture and rural development is unable to resolve a complaint,
the director of the department of agriculture and rural development
shall refer the complaint, and provide all relevant information, to
the director.
(6) The director shall provide for the use of a toll-free
facsimile line to receive complaints and a toll-free telephone line
for owners of small-quantity wells to request complaint forms and
to obtain other information regarding the dispute resolution
process provided in this part.
(7) The director and the director of the department of
agriculture and rural development shall do both of the following:
(a) Publicize the toll-free facsimile line and the toll-free
telephone line provided for in subsection (6).
(b) Enter into a memorandum of understanding that describes
the process that will be followed by each director when a complaint
involves an agricultural well.
(8) A complainant who submits more than 2 unverified
complaints under this section within 1 year may be ordered by the
director to pay for the full costs of investigation of any third or
subsequent unverified complaint. As used in this subsection,
"unverified complaint" means a complaint in response to which the
director determines that there is not reasonable evidence to
declare a groundwater dispute.
