Transcript Water Use Requirements January 2008 Lyndon Kelley MSU Extension/Purdue University Irrigation Management Educator •

Water Use Requirements
January 2008
Lyndon Kelley
MSU Extension/Purdue University Irrigation
Management Educator
•
Prior Appropriation
West of Mississippi
Riparian Doctrine
East of Mississippi
- first in use, first in right
- based on Common Law
- allows transfer of water
rights
- handed down from British law
- legal “doctrines”
- interpreted by the courts
• sets precedents
- may be modified by legislative
action
Riparian Doctrine
• From ancient public trust doctrine
• Tidelands held by the king for the benefit of
all English subjects
• Navigable lakes and streams held in trust for
benefit of the people of the state
• Riparian rights subservient to state’s public
trust authority
Who Gets Riparian Rights?
Yes
• Owners of property
actually touching the
water
No
• Everyone else
• May get access rights
A riparian may…
• Use the water
– bathing, domestic use, fishing, livestock
watering, irrigation
– subject to reasonable use
• Build a dock
• Access the entire water body
• Grant easements for others to gain access to
the surface water
A riparian may not…
• Sell or give away those rights
– Example: drawing water to irrigate non-riparian
lots
• Diminish rights of other riparians
– Example: excessively lowering lake level
through irrigation
Riparian Doctrine
case law
• Hoover vs. Crane - 1958
• Crane irrigated 50 acres from a lake that
Hoover had a cottage on. During August of a
dry year between evaporation and pumping the
lake fell 6” to 8” impeding the use of lake for
boating and swimming.
• State Circuit Court ruled that when the over
flow of the lake stopped flowing that Crane
was entitle to pump only an additional amount
equivalent to 1/4” of the lake surface.
• Michigan Supreme Court upheld the ruling.
Riparian Doctrine
Current practice
• Riparian owner petition Court to set lake level.
• Riparian owners share in cost of lake study to
determine seasonal highs and lows.
• Court sets a lake level and low level that may trigger
action.
• Once the lake has dropped below the trigger level
riparian owner may petition to stop pumping.
• Court establishes an equitable use of remaining water
between uses.
Riparian Doctrine,
Severance Rule
• Once a parcel has been subdivided, the parcels
no longer retaining waters edge loose their
Riparian Rights.
• Once rights are lost they may not be regained
(reattachment of subdivided parcels does not
re-establish their water rights)
• Commonly violated,
Well
but one of the easiest
A
B
C
D
ways to get injunction
against a neighbor.
E F
G
River
Water in the news
Environmentalists make new
push for water protection
Is water a resource or a commodity?
Granholm shoves after Legislature
refuses to push for water laws
Annex 2001
• States and provinces will manage their own
in-basin withdrawals
• Basin-wide, resource-based standard
– flexible application
• Each jurisdiction will commit to
establishing a program, including
thresholds, to manage or regulate new or
increased withdrawals consistent with the
standard.
New packet of
Water Use Regulation for Michigan
• P.A 148 - Water Use Reporting - 2004
• P.A. 177 – Water use conflict resolution - 2004
P.A. 33-36 of February 2006
• Large Quantity withdraw requirements and
meeting Great Lakes Annex expectations.
PA 177
Act 177 allows owner of a “small quantity
well” to file a complaint with MDEQ (or
MDA) if well:
• Fails to furnish normal water supply
• Fails to provide potable water
Complainant must have a credible reason to
believe that the problem is caused by a
HIGH CAPACITY WELL
PA 177
In 2007 there where
• 13 complaints filed under Act 177,
involving 6 wells in four locations
• 11 complaints required large volume user to
pay for improvement to affected small well
• 1 complaint solved by farmer moving large
well
• 1 complain was solved by homeowner paid
solution
Does your well
affect neighbors?
Groundwater
flow direction
Home
well
Irrigation
well
Groundwater
Flow
Home
well
Irrigation
well
Zone of influence
Zone of
influence
Home
well
Water use Reporting
2006 Requirements -PA 33 -34
– Require permits for new uses over 2 million
gallons per day.
– Sets a performance standard for Large scale
water users. ( > 70 gallon / minute )
" no adverse resource impact”
– Where Agriculture fits:
> 100,000 gal. a day< 2 million gal. per day.
Need to register and report , no permit required
Permit Threshold - 2 mg/d 30 day
average, Common distribution system
100,000 gal./day = 70 gal./min. capacity
1 million gal./day = 700 gal./min. capacity
2 million gal./day = 1400 gal./min. capacity
1400 gal./min. capacity at 50% use = 700
gal./min. capacity
Water Use Reporting- 2004 +2006
• All water withdrawals with over 100,000 gallon/day
capacity (70 gallons/minute)
• One or more well combined capacity on same or
adjacent property of same owner/operator.
• Much the same format as 2004 and 2005 report .
• Addition of GPS location of Groundwater withdrawal.
(latitude/longitude) within 25’
• One time option to establish a baseline
capacity – 2006 only option
Water Use Reporting- 2006
• 2006 water use reporting forms differ from previous
years. 2006 use only for 2006
• 2007 forms may be acquired from the internet at:
http://www.michigan.gov/mda/0,1607,7-1251567_1599_29980---,00.html
• Forms and useful information on the method of
estimating water use are available at:
www.msue.msu.edu/stjoseph click on irrigation
• Many MSU Extension offices and USDA service
center will have forms when available.
Agriculture water use reporting
to MDA only
• The rarely used option of reporting to MDEQ
was removed in P.A. 33 leaving Michigan
Department of Agriculture as the only reporting
option for agricultural producers.
• There is ‘No Charge’ for agriculture water use
reporting, a $200 annual saving over other
sectors.
Static water level
• Reporting of static water level is no longer
required.
• Static water level reporting was moved from a
requirement to report, to a statement of when
available.
• Static water level records are still a very
effective method of monitoring well
performance.
Water Use Reporting- location of Groundwater
withdrawal (latitude/longitude)
• GPS location of groundwater withdrawal. within 25’
(latitude/longitude to 6 significant figures)
Example: latitude 42.1306 , longitude -85.4701
• -GPS location of withdrawal will allow mapping and analysis of
effect on groundwater and stream flow
• Most hand held GPS unit can provide this information
• Latitude and longitude may be found for any location identified
on aerial map from: gwmap.rsgis.msu.edu
• Newer well logs contain latitude and longitude information
Water Use Reporting- location of Groundwater
withdrawal. (latitude/longitude)
gwmap.rsgis.msu.edu
Methods of Estimating Water Use
• water application multiplied by # of
applications, plus estimate of additional water
use (Acre Inches)
• pump capacity multiplied by run time: or
fuel/power use per hour
• flow meter: meters actual flow, note maintenance
and calibration concerns
• industry average numbers (Midwest Plan
Service or ASAE) with appropriate adjustments
(not appropriate for high variable water uses such
as irrigation).
Example: Acre Inches
Joe farmer has a 160 acre field with 142 actual irrigated acres. He
applied .75 inches of water at each application. One application
was made in June and 3 during July and 3 in August.
Month
Number
of Appl.
Rate in
Inches
Irrigated acres
Water Use
June
1
.75
142
106.5 Acre inches.
July
3
.75
142
319.5 Acre inches.
August
3
.75
142
319.5 Acre inches.
Total
745.5 Acre inches.
1 acre inch =27,154 gallons
(745.5 Acre inches) 27,154 gallons = 20,243,307 gallons
Pump capacity multiplied by run time
Larry monitors the hour meter to track maintenance needs and
now water use. Larry checked his pumping capacity multiplied
by his average run time to irrigate one inch water on a field (1”
on 72 acre in 60 hrs) against the total irrigated gallon needed to
apply an inch of water to that field and found the to be very
close at (543 gal/min.).
Month
June
July
August
Total
Hours of
run time.
70
210
200
Pumping Rate
Water Use
33,000 gal /hour 2,310,000 gallons
33,000 gal /hour 6,930,000 gallons
33,000 gal /hour 6,600,000 gallons
15,840,000 gallons
Baseline Capacity – 2006 one time opportunity
• “Baseline Capacity” - Rated capacity of the
system as of February 28, 2006, reported as
pump capacity in gal/min.
• Water withdrawal prior to February 2006 are
granted a rebuttable presumption of no "adverse
resource impact.”
Baseline Capacity – did you miss this one ???
Increasing a water withdrawal by more than 70
gal./min. beyond the baseline, constitutes a new
water withdrawal, loosing the rebuttable
presumption of no "adverse resource impact”
If no “Baseline Capacity” volume was record in
2006, your 2004-2005 records will be used to
determine a baseline.
Most farmers rated pump capacity is far greater
than their water use in 2004 or 2005.
New vs. Old Water Withdrawals
Old water withdrawal have a rebuttable presumption of
no "adverse resource impact”
• withdrawal must be established prior to February 28th of 2006
• Properly registered and have reported
• Not expanded by > 70 gpm
New water withdrawals;
• must meet the no "adverse resource impact” standard
• Compete for the water available after old withdrawal, fire, municipal and
clean-up water uses.
Registration of New Withdrawals
• Required prior to use for withdrawal
established after Feb. 28, 2006
• Form available from MDA at.
http://www.michigan.gov/mda/0,1607,7125-1567_1599_29980---,00.html
Trout streams
Provision ends April 2008
will be replaced by
performance standard
“no adverse resource
impact”
PA 33 - 34
Trout stream protection (through Feb. 2008)
replaced by standard “no adverse resource
impact”
– Required either
• Permit for new wells located within 1320 ft of
designated trout stream
Or
• Placement of wells 150 ft deep (top of screen)
And/Or
• Proof that flow will not be drawn below 50% of the
5 year seasonal low flow
What is an adverse resource impact.
A Holistic system of defining adverse resource
impact that is being discussed is fish species as
an indicator of quality of the habitat.
• Each water body has a designated fish species
• User cannot lower the flow lower than predicted
minimum flow for habitat for the fish species the
resource (stream) is designated for.
324.32721 Large quantity withdrawal; prohibitions.
(1) A person shall not make a new or increased large quantity
withdrawal from the waters of the state that causes an adverse
resource impact to a designated trout stream.
(2) Beginning 2 years after the effective date (Feb. 28, 2008) of the
amendatory act that added this section, a person shall not make a new
or increased large quantity withdrawal from the waters of the state
that causes an adverse resource impact.
(3) This section does not apply to the baseline capacity of a large
quantity withdrawal or a well capable of making a large quantity
withdrawal that existed on the effective date of the amendatory act
that added this section.
(4) This section does not apply to a withdrawal that is utilized solely
for fire suppression.
History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 Popular name: Act 451
Michigan Compiled Laws, Legislative Council, State of Michigan
324.32722 Presumption. (for new withdrawals)
• (1) Until a water withdrawal assessment tool becomes effective
upon legislative enactment pursuant to the recommendations of
the groundwater conservation advisory council under section
32803, there is a rebuttable presumption that a new or increased
large quantity withdrawal will not cause an adverse resource
impact in violation of section 32721 under either of the
following circumstances:
(a) The location of the withdrawal is more than 1,320 feet from the
banks of a designated trout stream.
(b) The withdrawal depth of the well is at least 150 feet.
• (2) A presumption under subsection (1) may be rebutted by a
preponderance of evidence that a new or increased large quantity
withdrawal from the waters of the state has caused or is likely to
cause an adverse resource impact.
History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006.Popular name: Act 451
Michigan Compiled Laws, Legislative Council, State of Michigan
PA 33
• Allow a person who intended to make a
new or increased large quantity withdrawal
for which a permit was not required to
petition the DEQ for a determination that
the withdrawal would not cause an adverse
resource impact; and prescribe a $5,000
petition fee.
PA 33 of 2006
• Prohibit a local unit of government from
enacting or enforcing an ordinance that
regulated an adverse resource impact caused
by a large quantity withdrawal.
PA 37
• Encourage large-quantity users in a
watershed to form a water users committee
through which the DEQ could facilitate the
resolution of a situation in which a
withdrawal caused an adverse resource
impact.
What do you need for a new large capacity
withdrawal?
• Few agricultural user will need a permit.
( 1400 gpm, common distribution system, 90 day average)
• All new large capacity withdrawal constructed after February
2006 are required to register prior to use and report their
monthly water use. Forms may be acquired from the internet at:
http://www.michigan.gov/mda/0,1607,7-125-1567_1599_29980--,00.html
• Through February of 2008 you need to be aware of the trout
stream provision if applicable.
• All large capacity users need to meet the no adverse resource
impact clause for withdrawal constructed after February 2006.
Large Volume Water Use Assessment Tool
• Estimates the potential impact of a proposed large
volume water withdrawal to the fish population in
near by creek, steam or river.
• Report to legislature July 2007
• Available by February 28, 2008
• Search DEQ website for “ large volume water use
assessment tool”
• New legislation pending
Large Scale Water Use Assessment
Tool
• Existing water withdrawals exist in the tool only
to the degree that they affect the average of stream
of that size in the State.
• Tools will show water available when existing use
have used all that is available.
• Tool treats all surface water withdrawal as directly
from the closest stream - recharge pond problems.
Maximum water use allowed
C cut off - in gallon per minute:
157 gpm
278 gpm
36 gpm
565 gpm
Maximum water use allowed
C cut off - in gallon per minute:
102 gpm
157 gpm
14 gpm
2950 gpm