Water Withdrawal Issue to Splash Over Bay City on Monday Night

City and Existing Withdrawals Grandfathered But New Diversion Regulated

January 13, 2008
By: Dave Rogers

Bay City commissioners will get an update Monday night at the Finance and Policy meeting on a controversial new state law on water withdrawal.

John DeKam, director of the city water department, will, in the words of City Manager Robert Belleman "highlight some of the key components to this legislation, explain why the legislation was introduced, and how this legislation may impact the City of Bay City."

Actually, the legislation approved late last year is a series of amendments to the Michigan environmental code imposing new requirements on industrial facilities and other entities (such as bottled water plants)that use water drawn from sources other than municipal water systems.

Provisions of the legislation that reportedly may allow reduction up to 25 percent of water in trout streams such as the AuSable River have drawn the ire of Trout Unlimited and other sportsman's groups.

According to attorney Scott D. Hubbard, of Warner, Norcross & Judd, Grand Raids, "facilities registered under Michigan's existing reporting program do not need to register a second time unless they develop new or increased withdrawal capacity of 100,000 gallons per day."

The bill states that the baseline capacity for a drinking water supply system owned by a local unit of government is the total design capacity for the water supply system permitted under the Sage Drinking Water Act. (SWDA).

Therefore, DeKam is expected to say that the impact of the legislation on Bay City would be minimal unless a huge increase in the capacity is required, which would be unlikely unless a large industry was to move to this area.

The act provides that a new permit is required for a water bottling operation that uses a new or increased large quantity withdrawal of more than 250,000 gallons per day. Such a withdrawal could be approved if the bottler meets certain requirements.


Sponsor of the legislation, State Sen. Patty Birkholz, R-Saugatuck, responded to criticism of the legislation with a recent statement:

"Michigan citizens must study issues concerning water protection thoroughly. Otherwise, they will lose sight of our main goal, which is to protect Michigan's natural resources. Bottled water is a small percentage of overall use and not a significant threat, any more than agribusinesses or other commonly accepted water users.

"The state's three major industries, agriculture, tourism and manufacturing have relied on our waters for years-in greater quantities than bottled water producers. Water is used by farmers for crops, by manufacturers to make soda pop, baby food and pharmaceuticals and by state residents and tourists for recreation. Our main challenge is to protect our waters while keeping them available for reasonable use at the same time.

"To meet this challenge, we must use a science-based, biological indicator like the health of fish populations, as the most objective water protection standard. The groundbreaking assessment tool is such a measure. It has been hailed as a national model for other states to follow.

"This legislative package provides greater protection for cold water rivers and streams than the compact itself requires. It also allows the public to provide input on water permitting decisions and lets local conservation groups help measure water flows to track the health of state waters.

"As chair of the Senate Natural Resources and Environmental Affairs Committee, I will do my best to ensure that the Great Lakes are protected. It is imperative that the compact and assessment tool be adopted for the good of Michigan, organizations and businesses that rely on a healthy and accessible water resource."

Here is a summary of Michigan's first water withdrawal law, passed in February 2006:

Regulates withdrawals of groundwater and surface waters.

Defines a large quantity withdrawal as 100,000 gallons per day; requires all large water users to register with the state.

Requires a permit for water bottlers that pump more than 250,000 gallons daily.

Requires anyone who withdraws more than 1.5 million gallons daily to report the volume of water used.

Prohibits water withdrawals that harm trout. Starting in March 2008, the law will prevent withdrawals that harm any fish species.

Prohibits local ordinances that regulate large water withdrawals.

Requires a permit if withdrawing more than 2 million gallons of water daily from groundwater, lakes or streams, or 5 million gallons of Great Lakes water daily.

Allows Great Lakes water to be shipped outside the Great Lakes basin if packaged in containers smaller than 5.7 gallons.

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