Groundwater Conservation Advisory Council

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Groundwater Conservation Advisory Council

• Final Report Recommendations and Observations
• February 21, 2006

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Participants
Rod Mersino Mersino Dewatering, Inc. James
Clift Michigan Environmental Council Jon
Coleman Tri-County Regional Planning
Commission Michael Newman Michigan Aggregates
Association Craig Hoffman The Rock on Drummond
Island Paul Seelbach (non-voting) Dept of
Natural Resources Michael R. Gregg (non-voting) M
ichigan Department of Agriculture
Jon Allan (co-chair) Consumers Energy
Company Kurt Heise (co-chair) Wayne County Dept
of Environment Jim Cleland (co-chair) (non-voting
) Michigan Department of Environmental
Quality Thomas Newhof Prein and Newhof Alan
Steinman Annis Water Resources Institute Grand
Valley State University Fred Henningsen District
Agriculture and Irrigation Agent Emeritus,
Michigan State University
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Acknowledgements

• We acknowledge our respective organizations or
  institutions that underwrote our participation on
  the Council.
• We are very gratefully for the assistance of the
  U.S. Geological Surveys Michigan Water Science
  Center and in particular Director Jim Nicholas
  and his capable, insightful staff.
• Thank you to
• Jim Bredin, MDEQ Office of Great Lakes for
  providing insight into the Annex Process and the
  2001 Implementation Agreements.
• To the House, Senate and Administration that
  provided us the forum and time to take such a
  deliberative approach to these complex and
  charged issues.
• To all of the many, many others that provided
  guidance and council and encouragement to us in
  our deliberations.

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General Comments

• This was an outreach effort and a collaborative
  process.
• Operated in a open manner but respectful of
  developing (and changing) ideas and positions.
• This is a Consensus Report!
• No Minority Opinions
• Contains a mix of background, science and policy
  recommendations.
• Allowed the water policy debate to mature to
  point(s) of consensus over the past three years

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Recommendations

• Guiding Principles
• Five Key Areas of Recommendations
• Sustainability of Groundwater
• Monitoring and Reporting
• Monitor Annex 2001 Implementation
• Conservation
• Adverse Effects, and Science and Research
• Conflict Resolution

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Recommendations

• Sustainability of Groundwater
• Sustainable use of Michigans groundwater
  resources means
• (1) meeting the needs of the present while not
  compromising
• the ability of future generations to meet
  their needs and
• (2) recognizing that sustainable use
  encompasses environmental, economic, and
  social systems and their contribution to
  meeting human needs.
• Recommendation 2 - Develop criteria and
  indicators for sustainability of Michigans
  groundwater SB 851
• Recommendation 3 - Develop and implement a
  program to determine the current status of
  indicators and track future changes. Outgrowth
  of SB 851

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Recommendations

• Monitoring and Reporting
• Recommendation 4 - Develop a statewide
  groundwater level monitoring network.
• Leverage on-going monitoring and former statewide
  network
• Specify which monitoring is a state need and
  which is a local need.
• Fund state needs and provide matching or start-up
  funds for local needs. Not Addressed
• Recommendation 5 - Prioritize and fund basic
  3-dimensional geologic mapping of glacial
  deposits. Not Addressed
• Recommendation 6 - Fund and staff the Water Use
  Reporting Program. Encourage full reporting from
  all use sectors that are in the Program. SB 852

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Recommendations

• Monitor Annex 2001 implementation
• Recommendation 7 Passage of new legislation
  that is very similar to legislation being
  considered by the Michigan Legislature in January
  2006 would significantly move Michigan forward
  toward statutory conformance with Annex 2001.

Compact Provisions Conformance as indicated in Council Report Comments included in Groundwater Conservation Advisory Council Report Conformance With New Water Use Legislation Comments With New Water Use Legislation
Compact Does Not Conform Michigan would require enabling legislation to implement the Great Lakes Basin Water Resources Compact. Does Not Conform Michigan would require enabling legislation to implement the Great Lakes Basin Water Resources Compact.
Water Conservation and Efficiency Programs Does Not Conform Michigan would be required to develop water conservation and efficiency goals and objectives and, develop and implement a water conservation and efficiency program. Does Not Conform While the legislation requires the consideration of voluntary water conservation measures, it does not provide for the development of water conservation and efficiency goals and objectives as required in the Annex Implementing Agreements.
Prohibition of New or Increased Diversions Does Not Conform Michigan would need to revisit legislation prohibiting diversions out of the Great Lakes Basin within the State. General Conformance The legislation results in Michigan being in general conformance.
Management and Regulation of Withdrawals Does Not Conform Michigan does not have the authority to manage and regulate new or increased withdrawals. General Conformance The legislation provides for the management of withdrawals through a resource-based process. As a result, Michigan will be in general conformance. However, the legislation will have to be reconciled with the Decision-Making Standard required in the Annex Implementing Agreements.
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Recommendation 7 (continued)
Compact Provisions Conformance as indicated in Council Report Comments included in Groundwater Conservation Advisory Council Report Conformance With New Water Use Legislation Comments With New Water Use Legislation
Use of the Decision-Making Standard Does Not Conform Michigan does not have the authority to subject new or increased withdrawals to a decision-making standard (efficient use and conservation of existing water supplies, limited to quantities that are considered reasonable, return flow no significant individual or cumulative adverse impacts, incorporate Environmentally Sound and Economically Feasible Water Conservation Measures). General Conformance The legislation provides the authority to subject new or increased withdrawals to resource-based limitations. However, the authority in the legislation will have to be reconciled with the Decision-Making Standard identified in the Annex Implementing Agreements.
Definitions Does Not Conform Michigan statues do not currently include numerous definitions in the Compact, such as Consumptive Use, Diversion, Environmentally Sound and Economically Feasible Water Conservation Measures, Intra-Basin Transfer, Product, Public Water Supply Purposes, Regional Review, Return Flow, and Source Watershed. Does Not Conform The legislation provides definitions and concepts that will have to be reconciled with corresponding aspects of the Annex Implementing Agreements (Adverse Resource Impact, Baseline Capacity, and Diversion). Other definitions in the legislation moves Michigan towards conformance.
Water Resources Inventory, Registration, and Reporting General Conformance Michigan does not require well-specific agricultural reporting General Conformance The legislation results in Michigan being in general conformance.
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Recommendation 7 (continued)
Compact Provisions Conformance as indicated in Council Report Comments included in Groundwater Conservation Advisory Council Report Conformance With New Water Use Legislation Comments With New Water Use Legislation
Regional Review of Proposals Does Not Conform Michigan does not have binding legislative authority to subject Regional Review proposals for new or increased consumptive use of 5 million gallons per day or greater. However, the State has exercised its duties under the Great Lakes Charter for notification and consultation with the other States and Provinces for diversions of water over 5 million gallons per day Does Not Conform The legislation does not provide the authority to subject to Regional Review proposals for new or increased consumptive use of 5 million gallons per day or greater. However, the legislation does move Michigan towards conformance by ensuring that such withdrawals would be required to obtain a water withdrawal permit.
Management of Intra-Basin Transfers Does Not Conform Michigan does not have authority to regulate intra-basin transfers within Michigan. Does Not Conform The legislation requires withdrawals directly from the Great Lakes to return water to the Source Watershed, which results in Michigan being in general conformance regarding intra-basin transfers directly from the Great Lakes. However, the legislation does not provide for the direct authority to regulate intra-basin transfers form tributary streams or groundwater.
Public Participation General Conformance Michigans public participation process is in conformance with the Compact. General Conformance Michigans public participation process is in general conformance with the Compact.
Enforcement General Conformance Current Michigan administrative procedures and laws are in general conformance with the Compact. This area may require additional review. General Conformance Current Michigan administrative procedures and laws are in general conformance with the Compact. This area may require additional review.
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Recommendations

• Conservation
• Where conservation includes both efficient
  use and also the protection of quality
• Stewardship - Sustainability - Efficiency
• Recommendation 10 Water-use sector(s) should
  develop sector-specific water management
  practices.
• Should be reviewed and evaluated by a
  professional or trade association.
• Water users within each sector should be
  encouraged to adopt and implement the
  water-management practices specific to their
  sector.
• SB 852 and SB 850

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Recommendations

• Adverse Impact, and Science and Research
• Recommendation 11 - Develop assessment tool that
  identifies aquatic ecosystems at potential risk
  from large individual or cumulative groundwater
  withdrawals. Generally in SB 851
• Recommendation 12A - Support research on
  dependence of Michigans aquatic ecosystems on
  groundwater. Not Addressed
• Target at-risk species and areas of current or
  future large groundwater withdrawals.
• Recommendation 12B - Implement a statewide field
  inventory program for aquatic ecosystems. Not
  Addressed
• The inventory should include a range of aquatic
  animals and plants, and must be strongly linked
  to groundwater, hydrologic setting and geomorphic
  setting.
• Recommendation 12C - Conduct experiments where
  groundwater is withdrawn to understand cause and
  effect between groundwater withdrawal and
  potential individual and cumulative impacts on
  aquatic ecosystems. Not Addressed

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Recommendations

• Conflict Resolution
• Recommendation 13 - The language in PA 177 should
  be modified to allow for conflicts when
  withdrawals do not exceed recharge, for example,
  ...that continued groundwater withdrawals from a
  high-capacity well will adversely impact
  low-capacity wells in the area ... Not addressed
  
• Appendix B of Report - Recommendations submitted
  in June relative to Act 177
• Some statutory changes still needed two major
  ones addressed in the new legislation
• Next report to the Legislature due on April 1,
  2006

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Recommendations

• Groundwater Inventory and Map
• Michigan should provide for the maintenance and
  enhancement of the maps and data compiled in
  Groundwater Inventory and Map and Inventory.
  Needed maintenance and enhancements are
  summarized below, based upon the GWIM project
  teams final report. Not addressed
• Michigan should invest the necessary resources to
  maintain and enhance Groundwater Inventory and
  Map Not addressed