March 28, 2006, Introduced by Reps. Moolenaar, Walker, Stahl, Palsrok, Newell, Emmons and Shaffer and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 31702 (MCL 324.31702), as added by 2003 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31702. (1) Subject to section 31712, the owner of a small
quantity well may submit a complaint alleging a potential
groundwater dispute if the small quantity well has failed to
furnish the well's normal supply of water or the well has failed to
furnish potable water and the owner has credible reason to believe
the well's problems have been caused by a high capacity well. A
complaint shall be submitted to the director or to the director of
the department of agriculture if the complaint involves an
agricultural well. The complaint shall be in writing and shall be
submitted in person, via certified mail, via the toll-free
facsimile
telephone number provided in subsection
(4) (5),
or via
other means of electronic submittal as developed by the department.
However, the director or the director of the department of
agriculture may refuse to accept an unreasonable complaint. The
complaint shall include all of the following information:
(a) The name, address, and telephone number of the owner of
the small quantity well.
(b) The location of the small quantity well, including the
county, township, township section, and address of the property on
which the small quantity well is situated, and all other available
information
that defines specifies the location of
that well.
(c) An explanation of why the small quantity well owner
believes that a high capacity well has interfered with the proper
function of the small quantity well and any information available
to the small quantity well owner about the location and operation
of the high capacity well.
(d) The date or dates that the small quantity well owner
alleges that the interference by a high capacity well occurred.
(e) Sufficient evidence to establish a reasonable belief that
the interference was caused by a high capacity well.
(2) The owner of a small quantity well may call the toll-free
telephone line provided for in subsection (5) to request a
complaint form or other information regarding the dispute
resolution process provided in this part.
(3) Within 2 working days after receipt of a complaint under
subsection (1), the director or the director of the department of
agriculture, as appropriate, shall contact the complainant and
begin an investigation. Within 5 working days after receipt of a
complaint under subsection (1), the director or the director of the
department of agriculture, as appropriate, shall notify the owners
of all high capacity wells that are being investigated pursuant to
the complaint and shall conduct an on-site evaluation. However, if
the complaint is for a small quantity well that is in close
proximity to other small quantity wells for which documented
complaints have been received and investigated during the previous
60 days, the department need not conduct an on-site evaluation
unless the department determines an on-site evaluation is
necessary. If the director or the director of the department of
agriculture, as appropriate, considers it necessary for an
investigation under this subsection, he or she may request that the
owner of the small quantity well provide additional information,
including a written assessment by a well drilling contractor that
the small quantity well failure was not the result of well failure
or equipment failure. The assessment shall include a determination
of the static water level in the well at the time of the assessment
and, if readily available, the type of pump and equipment. If the
owner of the small quantity well fails to provide the requested
information within 180 days of the date of the request, the
director or the director of the department of agriculture, as
appropriate, shall close the investigation and take no further
action with regard to the complaint. The director or the director
of the department of agriculture, as appropriate, shall give
affected persons an opportunity to contribute to the investigation
of a complaint. In conducting the investigation, the director or
the director of the department of agriculture, as appropriate,
shall consider whether the owner of the high capacity well is using
industry-recognized water conservation management practices.
(4) After conducting an investigation, the director or the
director of the department of agriculture, as appropriate, shall
make a diligent effort to resolve the complaint. In attempting to
resolve a complaint, the director or the director of the department
of agriculture, as appropriate, may propose a remedy that he or she
believes would equitably resolve the complaint. If, within 14 days
following the submittal of a complaint, the director of the
department of agriculture is unable to resolve a complaint, the
director of the department of agriculture shall refer the
complaint, and provide all relevant information, to the director.
However, if the director, the director of the department of
agriculture, the complainant, and the owners of the high capacity
wells subject to the investigation agree to retain the dispute
before the director of the department of agriculture, the dispute
shall remain before the director of the department of agriculture
unless any of the parties request that the dispute be referred to
the director.
(5) The director shall provide for the use of a toll-free
facsimile telephone line to receive complaints and a toll-free
telephone line for owners of small quantity wells to request
complaint forms and to obtain other information regarding the
dispute resolution process provided in this part.
(6) The director and the director of the department of
agriculture shall do both of the following:
(a) Publicize the toll-free facsimile line and the toll-free
telephone line provided for in subsection (5).
(b) Enter into a memorandum of understanding that describes
the process that will be followed by each director when a complaint
involves an agricultural well.
(7) A complainant who submits more than 2 unverified
complaints under this section within 1 year may be ordered by the
director to pay for the full costs of investigation of any third or
subsequent unverified complaint. As used in this subsection,
"unverified complaint" means a complaint in response to which the
director determines that there is not reasonable evidence to
declare a groundwater dispute.