Water Legislation Issues
The Groundwater Conservation Advisory Council (GWCAC) Final Report
Available at http://www.michigan.gov/deqgwcac
For additional information contact:
Patricia Fouchey - Secretary
Lake St. Clair Fisheries Research Station
33135 South River Road
Harrison Township MI 48045-5710
586-465-4771 Ext 21 Fax 586-465-7504
Foucheyp@Michigan.gov
Invasive species bill introduced by Senator Allen to improve water quality
A bill to help fund water quality improvements for inland lakes was introduced in the Michigan Senate, announced Sen. Jason Allen.
Sponsored by Allen, Senate Bill 1159 would create a Water Improvement Tax Increment Financing Authority (TIFA).
The TIFA would operate similar to other tax increment financing authorities, but would be established around inland bodies of water for it would be used to fund water quality improvement measures such as combating invasive species, pollution cleanup, and leveraging dollars for sewer and storm water systems.
Because many bodies of water tend to be boundaries between municipalities, SB 1159 allows for multi-jurisdictional TIFA districts.
Allen developed the legislation after looking for ways to assist Fife Lake in its efforts to eradicate the milfoil that has infested the lake. During that process, it was discovered that there was a lack of funding available for such efforts.
SB 1159 was referred to Senate Committee on Natural Resources and Environmental Affairs. For the status and analysis of bills introduced in the Michigan Legislature, please visit www.michiganlegislature.org.
EPA and Corps of Engineers propose wetlands rule
The fact that swamps, bogs, fens and marshes--all wetlands--are as vital to the environment as coral reefs and rain forests has prompted the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers to propose a new rule to ensure more effective wetlands restoration and preservation nationwide.
The agencies' rule, being published for public comment, proposes improved science and results-oriented standards to increase the quality and effectiveness of wetlands conservation practices under the Clean Water Act.
"We are focusing on a watershed approach for improving wetlands conservation in this proposed rule," John Paul Woodley Jr., assistant secretary of the Army (Civil Works), said. "This approach helps us fulfill the promise President Bush has made to protect, improve and create new wetlands and other aquatic resources."
Projects proposed to be built in wetlands are subject to review by the Corps and EPA, which often requires a developer to restore or create a wetland to replace the one that was impacted by the project. Many golf course construction and renovation projects involve wetland restoration or replacement
The proposed rule:
- Responds to recommendations of the National Research Council to improve the success of wetland restoration and replacement projects
- Sets clear science-based and results-oriented standards nationwide while allowing for regional variations
- Increases and expands public participation
- Encourages watershed-based decisions
- Affirms the "wetlands mitigation sequence" requiring that proposed projects fully avoid and minimize potential wetland impacts
It also combines accountability and flexibility. By focusing on results and accountability, the proposed standards will improve the quality and effectiveness of wetland replacement projects. Most importantly, the proposal establishes a "level playing field" ensuring that all forms of wetlands conservation satisfy the same high environmental standards.
Increased reliance on innovative, market-based approaches is expected to promote the expansion of wetland banking, which is one of the most reliable and environmentally effective methods of wetland replacement. A wetland bank is a wetland, stream or other aquatic resource area that has been restored and protected to offset permitted impacts to wetlands or other aquatic resources.
Wetlands provide important environmental functions including protecting and improving water quality and providing habitat to fish and wildlife. Wetlands are also critically important areas for storing floodwaters and can reduce damage from storm surges caused by hurricanes.
For more on compensatory mitigation and how to provide comments on the proposed standards, see: http://www.epa.gov/wetlandsmitigation.
Information about wetlands is available at: http://www.epa.gov/owow/wetlands.
Water Legislation Passes - February 13, 2006
Comprehensive water legislation became law on February 9, 2006 . This marks the culmination of work that has been in the process for several years. These bills represent a compromise package by a variety of interest groups including manufacturers, agriculture, bottled water and environmental groups. A brief summary of SB 850, 851, 852, 854 and 857 follows specifically related to the “Green Industry”:
SB 850: This bill restricts diversions of water outside of the Great Lakes Basin . It continues to require registration and reporting by non-ag irrigators with the capacity to pump 100,000 gallons per day average in any consecutive 30-day period that supplies a common distribution system. The registration fee goes up to $200.00 for the next two years (this will fund the activity in SB 851). It will drop back to $100.00 after the assessment tool mandated in SB 851 is adopted by the legislature. It does exempt withdrawals that total less than 1,500,000 gallons per year from reporting the specific amount withdrawn and paying the fee.
Existing withdrawals are grandfathered based on the reported capacity and this becomes the baseline withdrawal capacity. Existing users are presumed to not cause an adverse resource impact, assuming they do not increase the reported baseline capacity. For new large capacity withdrawals (still defined over 100,000 gpd), no resource impact is presumed if the well is located more than 1,320 feet from a designated trout stream or the withdrawal depth is at least 150 feet.
A permit is required if a withdrawal of over 2,000,000 gallons per day is made from the waters of the state excluding the Great Lakes or 5,000,000 gallons per day from the Great Lakes.
SB 851: Continues the Groundwater Conservation Advisory Council and changes the state department that the council is under to the DNR. The major mandate of the council is to develop a water withdrawal assessment tool to assist in determining whether a proposed withdrawal may cause an adverse impact on the waters or water-dependent natural resources of the state.
SB 852: Sets forth the specific registration and reporting requirements mandated by SB 850. This law also requires water users to develop best management practices, which have already been completed by the Green Industry (BMP’s for Non-Agricultural Irrigators).
SB 854: Encourages the establishment of a ‘Water Users Committee’ in each watershed made up of registrants, permit holders and local government. Sets forth the conflict resolution between water withdrawals within a watershed and allows water user and provides for local watershed-based activities.
SB 857: Regulates community waterworks, evaluates their impact on natural resources and regulates withdrawals for bottled water.
Water legislation - December 7, 2005