David P. Lusch , Ph.D. Distinguished Senior Research Specialist Michigan State University

1. Michigan’s Water Withdrawal Assessment Process and Using the WWA Tool for Planning and Watershed Management David P. Lusch, Ph.D. DistinguishedSenior Research Specialist Michigan State University Dept. of Geography,Remote Sensing & GIS Research and Outreach Services Group Institute of Water Research and

2. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Brief overview of the science behind the Water Withdrawal Assessment Process • Review of the environmental criteria now used to assess “adverse resource impacts”

3. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Water use legislation in 2008 • Amended Part 327, PA 451 of 1994 • LQW management provisions • ARI Standard Re-defined • Zone Concept Introduced • Water Withdrawal Assessment Process Established • Provides for Site-Specific Reviews

4. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Adverse Resource Impact • Beginning February 1, 2009, ARI = decreasing the flow of a river or stream by a specified part of the index flow so that its ability to support characteristic fish populations is functionally impaired, or • decreasing the flow of a stream or river by more than 25% of its index flow. • These are both quantitative standards

5. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Adverse Resource Impact • Decreasing the level of a lake or pond 5 acres or more in extent through a direct withdrawal … in a manner that would impair or destroy the lake or pond or the uses made of [it], including the ability of the lake or pond to support characteristic fish populations, … does not include a retention pond or other artificially created surface water body. • This is a qualitative standard.

6. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Characteristic Fish Populations • One or more fish species, including thriving fish, that are typically found at high densitiesin an aquatic system. • Thriving Fish Population • One or more fish species that are expected to flourish and are typically found at very high densitiesin an aquatic system.

7. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management Streams Small Rivers Large Rivers Thriving Does not occur in Michigan Proportional change in fish population Cold Proportion of flow removed ARI Characteristic Cold Trans. Cool D A B C Warm • Impact criteria – one size does NOT fit all!

8. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management Temp Size Zone A (% Index Flow) Zone B (% Index Flow) Zone C (% Index Flow) Zone D (% Index Flow) Cold Stream Reduction < 14 None 14 ≤ Reduction < 20 Reduction ≥ 20 Sm. River Reduction < 10.5 None 10.5 ≤ Reduction < 21 Reduction ≥ 21 Cold Trans Stream None Reduction < 4 None Reduction ≥ 4 Sm. River None Reduction < 2 None Reduction ≥ 2 Large R. None Reduction < 3 None Reduction ≥ 3 Cool Stream Reduction < 6 6 ≤ Reduction < 15 15 ≤ Reduction < 25 Reduction ≥ 25 Sm. River Reduction < 15 15 ≤ Reduction < 19 19 ≤ Reduction < 25 Reduction ≥ 25 Large R. Reduction < 14 14 ≤ Reduction < 19 19 ≤ Reduction < 25 Reduction ≥ 25 Warm Stream Reduction < 10 10 ≤ Reduction < 18 18 ≤ Reduction < 24 Reduction ≥ 24 Sm. River Reduction < 8 8 ≤ Reduction < 13 13 ≤ Reduction < 17 Reduction ≥ 17 Large R. Reduction < 10 10 ≤ Reduction < 16 16 ≤ Reduction < 22 Reduction ≥ 22 • Impact criteria – Zones A, B, C or D

9. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Zone A – OK to register • Zone B – OK to register and DEQ must notify “interested parties” • Zone C – effective 7-1-09, must have a site-specific review; if passed, DEQ must notify “interested parties” • Zone D – ARI likely; effective 7-1-09, must have a site-specific review

10. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • MDEQ required notifications • If the MDEQ receives a registration or issues a permit for a zone B or zone C withdrawal, it shall place a notice on the department's website and notify by e-mail all of the following that have requested an e-mail notification: • Conservation districts • Regional planning agencies • Watershed management planning committees • Storm water committees established under part 31 • Chief elected officials of local units of government • Community supplies owned by political subdivisions • All Water Users Committees in the vicinity

11. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Water users committees • All persons making LQWs within a watershed are encouraged to establish a water users committee to evaluate the status of current water resources, water use, and trends in water use within the watershed and to assist in long-term water resources planning. • A water users committee may be composed of all registrants, permit holders, and local government officials within the watershed.

12. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Water users committees • Upon establishment of a water users committee, a participating local government official may create an ad hoc subcommittee of residents of that local unit of government to provide that local government official with information and advice on water resources, water use, and trends in water use within the local unit of government.

13. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Water resources assessment and education committees • The notified entities may form a water resources assessment and education committee in order to: • assess trends in water use in the vicinity of the withdrawal • educate water users • The MDEQ shall assist in the formation of water resources assessment and education committees and may provide them with technical information regarding water use and capacity within their vicinity, aggregated at the stream reach level.

14. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Water resources assessment and education committees • Committee meetings shall be open to the general public. • Water resources assessment and education committees may provide educational materials and recommendations regarding any of the following: • Long-term water resources planning • Use of conservation measures • Drought management activities • Other topics related to water use as identified by the committee

15. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Regulatory “teeth” • If the MDEQ determines by reasonable, scientifically-based evidence that ARIs are occurring or are likely to occur from one or more LQWs, they shall: • notify the water users committee in the watershed, or • convene a meeting of all registrants and permit holders within the watershed • MDEQ shall attempt to facilitate an agreement on voluntary measures that would prevent adverse resource impacts.

16. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Regulatory “teeth” • If after 30 days the registrants and permit holders are not able to voluntarily agree to measures that would prevent adverse resource impacts, the MDEQ may propose a solution that the department believes would equitably resolve the situation and prevent adverse resource impacts. • The recommended solution is not binding on any of the parties.

17. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Regulatory “teeth” • The Director of the MDEQ may order permit holders to immediately restrict their withdrawals(for up to 60 continuous days) if the MDEQ determines by clear and convincing scientific evidence that there is a substantial and imminent threat that these withdrawals are causing or are likely to cause an adverse resource impact. • Permit holders include: • New or increased LQW ³ 2 million gpd (1,389 gpm) • New or increased LQW ³ 1 million gpd (694 gpm) that a site-specific review determined is a zone C withdrawal • LQWs holding a permit under the Safe Drinking Water Act (PA 399, 1976)

18. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • Regulatory “teeth”- Civil Actions • Effective Oct. 7, 2008, the MDEQ may request the AG to commence a civil action for a violation under this part, including falsifying a record submitted under this part. • The court of jurisdiction may restrain the violation and require compliance. It may also impose a civil fine: • For a person who knowingly causes an ARI with a LQW, a civil fine of not more than $10,000.00 per day of violation. • For all other violations of this part, a civil fine of not more than $1,000.00. • In addition, the AG may file suit to recover the full value of the costs of surveillance and enforcement by the state resulting from the violation.

19. Michigan’s Water Withdrawal Assessment Process for Planning and Watershed Management • The next segment(s) • Groundwater & surface water resources of the regions • Upper Peninsula • Northern Lower Peninsula • West-central & southwest Lower Peninsula • Southeast Lower Peninsula