Groundwater Conservation Advisory Council Final Report Recommendations and Observations February 21,...

Groundwater Groundwater Conservation Conservation

Advisory CouncilAdvisory Council

Final Report Recommendations Final Report Recommendations and Observationsand Observations

February 21, 2006February 21, 2006

ParticipantsParticipants

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 NewhofPrein and Newhof

Alan SteinmanAnnis Water Resources InstituteGrand Valley State University

Fred HenningsenDistrict Agriculture and Irrigation Agent Emeritus, Michigan State University

Rod MersinoMersino Dewatering, Inc.

James CliftMichigan Environmental Council

Jon ColemanTri-County Regional Planning Commission

Michael NewmanMichigan Aggregates Association

Craig HoffmanThe Rock on Drummond Island

Paul Seelbach(non-voting)Dept of Natural Resources

Michael R. Gregg(non-voting)Michigan Department of Agriculture

AcknowledgementsAcknowledgements

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 Survey’s 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.

General CommentsGeneral Comments

This was an outreach effort and a collaborative This was an outreach effort and a collaborative process. process.

Operated in a open manner but respectful of Operated in a open manner but respectful of developing (and changing) ideas and positions.developing (and changing) ideas and positions.

This is a Consensus Report!This is a Consensus Report! No Minority Opinions …No Minority Opinions … Contains a mix of background, science and policy Contains a mix of background, science and policy

recommendations.recommendations. Allowed the water policy debate to mature to point(s) Allowed the water policy debate to mature to point(s)

of consensus over the past three years of consensus over the past three years

RecommendationsRecommendations

Guiding PrinciplesGuiding Principles Five Key Areas of RecommendationsFive Key Areas of Recommendations

– Sustainability of GroundwaterSustainability of Groundwater– Monitoring and ReportingMonitoring and Reporting– Monitor Annex 2001 ImplementationMonitor Annex 2001 Implementation– ConservationConservation– Adverse Effects, and Science and ResearchAdverse Effects, and Science and Research– Conflict ResolutionConflict Resolution


Sustainability of Groundwater:Sustainability of Groundwater:

Sustainable use of Michigan’s 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 Michigan’s 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


Monitoring and Reporting: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

RecommendationsRecommendationsMonitor Annex 2001 implementation: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.

Recommendation 7 (continued)

Compact Provisions


Council Report

Comments included in Groundwater Conservation Advisory Council

Report



Use of the Use of the Decision-Making Decision-Making StandardStandard

Does Not Does Not ConformConform

Michigan does not have the authority to Michigan does not have the authority to subject new or increased withdrawals to a subject new or increased withdrawals to a decision-making standard (efficient use and decision-making standard (efficient use and conservation of existing water supplies, conservation of existing water supplies, limited to quantities that are considered limited to quantities that are considered reasonable, return flow; no significant reasonable, return flow; no significant individual or cumulative adverse impacts, individual or cumulative adverse impacts, incorporate Environmentally Sound and incorporate Environmentally Sound and Economically Feasible Water Conservation Economically Feasible Water Conservation Measures).Measures).

General General ConformanceConformance

The legislation provides the authority to The legislation provides the authority to subject new or increased withdrawals to subject new or increased withdrawals to resource-based limitations. However, the resource-based limitations. However, the authority in the legislation will have to be authority in the legislation will have to be reconciled with the Decision-Making reconciled with the Decision-Making Standard identified in the Annex Standard identified in the Annex Implementing Agreements.Implementing Agreements.

DefinitionsDefinitions Does Not Does Not ConformConform

Michigan statues do not currently include Michigan statues do not currently include numerous definitions in the Compact, such numerous definitions in the Compact, such as Consumptive Use, Diversion, as Consumptive Use, Diversion, Environmentally Sound and Economically Environmentally Sound and Economically Feasible Water Conservation Measures, Feasible Water Conservation Measures, Intra-Basin Transfer, Product, Public Water Intra-Basin Transfer, Product, Public Water Supply Purposes, Regional Review, Return Supply Purposes, Regional Review, Return Flow, and Source Watershed.Flow, and Source Watershed.


The legislation provides definitions and The legislation provides definitions and concepts that will have to be reconciled with concepts that will have to be reconciled with corresponding aspects of the Annex corresponding aspects of the Annex Implementing Agreements (“Adverse Implementing Agreements (“Adverse Resource Impact,” “Baseline Capacity,” and Resource Impact,” “Baseline Capacity,” and “Diversion”). Other definitions in the “Diversion”). Other definitions in the legislation moves Michigan towards legislation moves Michigan towards conformance.conformance.

Water Resources Water Resources Inventory, Inventory, Registration, and Registration, and ReportingReporting


Michigan does not require well-specific Michigan does not require well-specific agricultural reportingagricultural reporting


The legislation results in Michigan being in The legislation results in Michigan being in general conformance.general conformance.

Recommendation 7 (continued)

Compact Provisions


Council Report

Comments included in Groundwater Conservation Advisory Council

Report



Regional Review of Regional Review of ProposalsProposals


Michigan does not have binding legislative Michigan does not have binding legislative authority to subject Regional Review authority to subject Regional Review proposals for new or increased consumptive proposals for new or increased consumptive use of 5 million gallons per day or greater. use of 5 million gallons per day or greater. However, the State has exercised its duties However, the State has exercised its duties under the Great Lakes Charter for under the Great Lakes Charter for notification and consultation with the other notification and consultation with the other States and Provinces for diversions of water States and Provinces for diversions of water over 5 million gallons per dayover 5 million gallons per day


The legislation does not provide the The legislation does not provide the authority to subject to Regional Review authority to subject to Regional Review proposals for new or increased proposals for new or increased consumptive use of 5 million gallons per consumptive use of 5 million gallons per day or greater. However, the legislation day or greater. However, the legislation does move Michigan towards conformance does move Michigan towards conformance by ensuring that such withdrawals would be by ensuring that such withdrawals would be required to obtain a water withdrawal required to obtain a water withdrawal permit. permit.

Management of Management of Intra-Basin Intra-Basin TransfersTransfers


Michigan does not have authority to Michigan does not have authority to regulate intra-basin transfers within regulate intra-basin transfers within Michigan.Michigan.


The legislation requires withdrawals directly The legislation requires withdrawals directly from the Great Lakes to return water to the from the Great Lakes to return water to the Source Watershed, which results in Source Watershed, which results in Michigan being in general conformance Michigan being in general conformance regarding intra-basin transfers directly from regarding intra-basin transfers directly from the Great Lakes. However, the legislation the Great Lakes. However, the legislation does not provide for the direct authority to does not provide for the direct authority to regulate intra-basin transfers form tributary regulate intra-basin transfers form tributary streams or groundwater.streams or groundwater.

Public ParticipationPublic Participation General General ConformanceConformance

Michigan’s public participation process is in Michigan’s public participation process is in conformance with the Compact.conformance with the Compact.


Michigan’s public participation process is in Michigan’s public participation process is in general conformance with the Compact.general conformance with the Compact.

EnforcementEnforcement General General ConformanceConformance

Current Michigan administrative procedures Current Michigan administrative procedures and laws are in general conformance with and laws are in general conformance with the Compact. This area may require the Compact. This area may require additional review.additional review.


Current Michigan administrative procedures Current Michigan administrative procedures and laws are in general conformance with and laws are in general conformance with the Compact. This area may require the Compact. This area may require additional review.additional review.


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


Adverse Impact, and Science and Adverse Impact, and Science and Research: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 Michigan’s 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


Conflict ResolutionConflict 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 Appendix B of Report - Recommendations submitted in June relative to Act 177to Act 177

Some statutory changes still needed – two major ones addressed in Some statutory changes still needed – two major ones addressed in the new legislationthe new legislation

Next report to the Legislature due on April 1, 2006Next report to the Legislature due on April 1, 2006


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 team’s final report. Not addressed

Michigan should invest the necessary resources to maintain and enhance Groundwater Inventory and Map Not addressed

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