Important Reminder!

If you are currently withdrawing 100,000 gallons or more per day for more than 30 days by wells or pumping surface waters to your aquaculture operation, you will need to fill out a Water Use Registration Form.

                Due by Oct 1, 2004    

Natural Resources and Environmental Protection Act:  Act 451 of 1994  -   Part 327  &  Part 328

Update from 2004 Annual Meeting:

Issue: Water wells producing 100,000 gallons per day/30 days or more per year:  Register the Flow or Not?

During our annual meeting (2004) a question about registering flowing wells came up versus a pumped well.  Brant Fisher (DEQ) said he would have to ask his department for clarification about whether flows would be included or not.  An e-mail with Ron Kinnunen shares the answer:

Ron

I received your letter of thanks and you are welcome.

As you may recall, there was a question that came up during my talk related to whether or not an individual had to report water use if the water came from a flowing well.  Since you are the only one I have an e-mail address for I thought I would transmit the Water Division's response to you with the hopes you can relay the message to appropriate individuals within the MI Aquaculture Association.

I know the question came up because there is a form/questionnaire that water users fill out to determine if they must report water use.  Although I do not recall the exact language, a question along the lines of "how much water do you pump?" is asked on the questionnaire.  Since it makes specific reference to pump, it was the opinion of at least one individual that they should not have to report since there is no pump involved in their water use.  My response was that I did not know for sure how (or if) "pump" was defined in the legislation, nor for that matter "water use" or "withdrawal."  The difficulty being if the definition(s) is broad enough the use from a flowing well may be covered.

In the opinion of the Water Division, water use from a flowing well is covered.  The reason for this is because of how "withdrawal" is defined in the legislation.  In the legislation withdrawal means "the removal of water from its source for any purpose, other than for hydroelectric generation ....."  The construction of a flowing well results in the removal of ground
water from its source.  The use of the water for the farming of fish constitutes the purpose of the use.  Applying this interpretation means that if a fish farm gets its water from a flowing well and they meet or exceed the use threshold of 100,000 gallons/day for 30 consecutive days (i.e. - a 70 gpm or more flow), they are obligated under the law to report their water use.  Bear in mind they still have the option of reporting through the MDA and by doing so not paying the $100/year fee to the MDEQ.

If you have any other questions regarding the water use program, please contact Ron VanTil at 517-241-1414, or you may contact me at 517-241-1415.

Brant