Michigan Compiled Laws 451-1994-iii-1-the-great-lakes-3 Part 327 Great Lakes Preservation (324.32701...324.32730)

• Section 324.32701 Definitions; Retention Of Established Baseline Capacity.
  (1) As used in this part: (a) "Adverse resource impact" means any of the following: (i) Until February 1, 2009, decreasing the flow of...
• Section 324.32702 Legislative Findings And Declarations; Authority.
  (1) The legislature finds and declares that: (a) A diversion of water out of the basin of the Great Lakes may impair or destroy...
• Section 324.32703 Diversion Of Waters Prohibited.
  Subject to section 32704, a diversion of the waters of the state out of the Great Lakes basin is prohibited. History: Add. 1995, Act...
• Section 324.32703a Diversion; Authorization; Conditions.
  (1) If the prohibition in section 32703 is determined to be invalid, the waters of the state shall not be diverted unless authorized by...
• Section 324.32704 Applicability Of Mcl 324.32703.
  Section 32703 does not apply to a diversion of the waters of the Great Lakes out of the drainage basin of the Great Lakes...
• Section 324.32704a Diversion; Proposal; Comment Period; Notification; Waiver.
  The governor shall establish a public comment period with regard to a proposal subject to 42 USC 1962d-20 to divert waters of the Great...
• Section 324.32705 Registration Of Withdrawal; Use Of Assessment Tool; Exception; Agricultural Purpose; Form; Calculating Total Amount Of Existing Or Proposed Withdrawal; Aggregate Information; Duration Of Valid Registration.
  (1) Except as otherwise provided in this section, the owner of real property who intends to develop capacity on that property to make a...
• Section 324.32706 Development Of Internet-based Online Registration Process; Registration; Required Statement And Supporting Documentation.
  (1) Not later than 1 year after the effective date of the amendatory act that amended this section, the department shall develop and implement...
• Section 324.32706a Internet-based Water Withdrawal Assessment Tool; Implementation; Determination Of Proposed Zone Withdrawal; Entering And Printing Data; Working In Conjunction With Online Registration Process; Technical Modifications; Redesignation Of Stream Or River; Report.
  (1) On October 1, 2008, the department shall make available for testing and evaluation an internet-based water withdrawal assessment tool based upon the recommendations...
• Section 324.32706b Utilization Of Assessment Tool; Request For Site-specific Review; Designation Of Proposed Withdrawal; Registration; Rerun Of Assessment Tool; Correction Of Data.
  (1) Beginning on the effective date of the implementation of the assessment tool under section 32706a, prior to registering a new or increased large...
• Section 324.32706c Request For Site-specific Review; Conditions; Form; Information To Be Included; Completion Of Review By Department; Withdrawals; Registration; Corrected Data; Interim Site-specific Review To Determine Adverse Resource Impact.
  (1) If the assessment tool determines that a proposed withdrawal is a zone B withdrawal in a cold-transitional river system, or a zone C...
• Section 324.32706d Collection Of Stream Or River Flow Measurements By Persons Other Than Department; Development And Use Of Protocol; Training Program.
  (1) The department shall develop a protocol for the collection of stream or river flow measurements by persons other than the department for use...
• Section 324.32706e Cumulative Withdrawals; Determination Of Adverse Impact.
  The department shall determine whether an adverse resource impact has occurred under this part and whether a withdrawal is a zone A, a zone...
• Section 324.32707 Reporting Requirements; Forms; Water Use Reporting Fees.
  (1) Except as provided in subsections (2) and (3), a person who is required to register under section 32705 or holds a permit under...
• Section 324.32708 Water Use Conservation Plan; Formula Or Model To Estimate Consumptive Use Of Withdrawals For Agricultural Purposes; Inclusion Of Information In Statewide Groundwater Inventory And Map; Disclosure.
  (1) The owner of a farm that is registered under this part who makes a withdrawal for an agricultural purpose, including irrigation for an...
• Section 324.32708a Generic Water Conservation Measures; Preparation; Posting On Website; Submission Of Water Conservation Measures By Water User's Sector; Acceptance By Department; Water Conservation Measures For Agricultural Purposes; Report; Notification Of Zone C Withdrawal; Definitions.
  (1) Not later than March 31, 2009, the department shall prepare, based upon recommendations from representative trade associations, a set of generic water conservation...
• Section 324.32709 Informational Materials.
  The department may contract for the preparation and distribution of informational materials to members of the public related to any of the following: (a)...
• Section 324.32710 Duties Of Department; Electronic Mail Notification Of Withdrawals; Formation Of Water Resources Assessment And Education Committee.
  (1) The department shall do all of the following: (a) Cooperate with the states and provinces in the Great Lakes region to develop and...
• Section 324.32711, 324.32712 Repealed. 2006, Act 33, Imd. Eff. Feb. 28, 2006.
  Compiler's Notes: The repealed sections pertained to an exemption from water withdrawal reporting requirements for a public water supply and the prohibition on the department...
• Section 324.32713 Civil Action; Commencement; Civil Fine; Recovery Of Surveillance And Enforcement Costs.
  (1) The department may request the attorney general to commence a civil action for appropriate relief, including a permanent or temporary injunction, for a...
• Section 324.32714 Water Use Protection Fund; Creation; Disposition Of Assets; Investments; Money Remaining In Fund; Expenditures.
  (1) The water use protection fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any...
• Section 324.32721 Large Quantity Withdrawal; Prohibition; Exception; Certain Large Quantity Withdrawals Subject To Definition Of Adverse Resource Impact Existing On February 28, 2006.
  (1) A person shall not make a new or increased large quantity withdrawal from the waters of the state that causes an adverse resource...
• Section 324.32722 Presumption.
  (1) For new or increased large quantity withdrawals developed on or after February 28, 2006 and prior to the implementation date of the assessment...
• Section 324.32723 Water Withdrawal Permit; Persons Required To Obtain; Application; Fee; Issuance; Conditions; Revocation; Petition For Contested Case Hearing; Exemptions From Permit Requirements.
  (1) Except as provided in subsection (13), the following persons shall obtain a water withdrawal permit prior to making the withdrawal: (a) A person...
• Section 324.32724 324.32724 Repealed. 2008, Act 181, Imd. Eff. July 9, 2008.
  Compiler's Notes: The repealed section pertained to persons exempt from permit requirements.Popular Name: Act 451Popular Name: NREPA
• Section 324.32725 Water Users Committee; Establishment; Purpose; Composition; Notice Of Withdrawal; Occurrence Of Adverse Resource Impacts; Recommended Solution Proposed By Department; Order By Director; Petition; "Unverified Petition" And "Permit Holders" Defined.
  (1) All persons making large quantity withdrawals within a watershed are encouraged to establish a water users committee to evaluate the status of current...
• Section 324.32726 Local Ordinance.
  Except as authorized by the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, a local unit of government shall not enact or...
• Section 324.32727 Exemptions; Compilation And Sharing Of Certain Data.
  (1) The following withdrawals are exempt from the requirements of this part unless they result in a diversion: (a) A withdrawal undertaken as part...
• Section 324.32728 Construction And Scope Of Act; Rules.
  (1) This part shall not be construed as affecting, intending to affect, or in any way altering or interfering with common law water rights...
• Section 324.32729 Fees Not Authorized; Exception.
  Except as specifically authorized under this part, this part does not authorize the assessment of fees. History: Add. 2008, Act 185, Imd. Eff. July...
• Section 324.32730 Compact; Implementation.
  The compact shall be implemented as follows: (a) Except as specifically provided in this part, water withdrawals originating within this state shall be regulated...

Last modified: October 10, 2016