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HomeMy WebLinkAboutResolutions - 2010.04.22 - 9997REPORT #10047 April 22, 2010 BY; GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson RE: MR #10047 — BOARD OF COMMISSIONERS — OPPOSMON TO HOUSE BILL 5319 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on April 12, 2010, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptor luu uf the foregoing report. GENERAL GOVERNMENT COMMITTEE L Q GENERAL GOVERNMENT COMMITTEE Ayes: Runestad, Taub, Scott, Jacobsen, Potts, Long Nays: Hatchet Nash, McGillivray, Schwartz, Gershenson Absent: Capella Motion carried 6-5. Miscellaneous Resolution # 10047 BY; Commissioner Shelley G. Taub RE: Board of Commissioners — Opposition to House Bill 5319 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan House Bill 5319 was introduced to amend Public Act 451 of 1994, entitled the Natural Resources and Environmental Protection Act, in order to establish that groundwater is a "public trust"; and WHEREAS House Bill 5319 would repeal the current legal doctrine which gives owners of real property a right to the reasonable use of groundwater, to the extent that it does not diminish the ability of neighboring property owners to obtain water; and WHEREAS by placing groundwater in a public trust, landowners would be required to secure a permit from the State of Michigan in order to use the water in certain circumstances, such as proximity to a trout stream; and WHEREAS local farmers and family-owned businesses have been providing safe, properly constructed water well systems for people to use water from the land they own for over a century. Thousands of customers utilize this water for domestic, agricultural, industrial and recreational use; and WHEREAS House Bill 5319 infringes upon the riparian rights of all landowners in Oakland County whose property has frontage to a lake, pond or stream and negatively compromises their right to have reasonable use of the water source, as well as property owners with well systems; and WHEREAS the right to develop and reasonably use water is critical to growth and commerce throughout Michigan and Oakland County and WHEREAS Michigan has some of the strongest water protection laws, regulations and local ordinances in the nation. A landowner's right to the reasonable use of water from their own property has historically received the highest protection by state law and the courts; and WHEREAS HB 5319 is attempting to quietly strip away these important property rights without landowner compensation and poses a dangerous threat to the economic prosperity of the State of Michigan and Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby finds that it would be detrimental to the people and economy of Oakland County to amend the Natural Resources and Environmental Protection Act, in order to establish that groundwater is a "public trust". BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes House Bill 5319 and urges the Michigan Legislature to vote in opposition of this measure. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, Representative Dan Scripps, the House Committee on Great Lakes and Environment, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland Counties Legislatilk Lobbyists. Chairperson, we moa.fle adoption of the OLcuRei salution. )C--140 _ Commissiotr Srrer ey G, Taub Di rict #16 ommissioner ommissioner District #-? Commissioner District # /, 1 6 / / , omnnissio - District - Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissibner Confmissioner District' # Comm Commission District # Comtnissioner t_District # V`I Commissioner District # Commissioner District # Carfimissioner Commissioner District /3 District # . , 6 44- Commissioner Commissioner District # District # Commissioner District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Home Register Why Register? 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April 13, 2010 10:00100 AM House Bill 5319 (2009) fa - what's this? of linkable ea printable Sponsors Dan Scripps - (primary) Sarah Roberts, Mary Valentine, Douglas Geiss, Rebekah Warren, Alma Wheeler Smith, Timothy Bledsoe Categories Natural resources, other; Natural resources, Great Lakes; Natural resources, inland lakes; Water, other; Environmental protection, air pollution; Environmental protection, water pollution Natural resources; other; public trust resources; protect. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 4. Documents The following bill formatting applies to the 2009-2010 session: - New ianguage in an amendatory bill may be snown in bold or UPPERCASE or both. - Language to be removed will be otriekon. AMendments friddt by the House will De blue with square brackets, such as: [House amended text]. - Amerritrurrts-mattu-by the Senate will be red with double greater/lesser than symbols such as: <Senate amended text>>. (gray icons indicate that the action did not occur or that the document is not available) „.,I House Introduced Bill Introduced bills appear as they were introduced arid reflect no subsequent amendments or changes. I N As Passed by the House As Passed by the House is the bill, as introduced, that includes any adopted House amendments. I I As Passed by the Senate As Passed by the Senate is the bill, as received from the House, that includes any adopted senate amendments. House Enrolled Bill • Enrolled bill is the version passed in identical form by both houses of the Legislature. History (House actions in lowercase, Senate actions in UPPERCASE Date iii Journal Action 9/9/2009 HJ 71 Pg. 1484 introduced by Representative Dan Scripps 9/9/2009 HJ 71 Pg. 1484 read a first time referred to Committee on Great Lakes and 9/9/2009 HJ 71 Pg. 1484 Environment 9/10/2009 Hi 72 Pg. 1508 printed bill filed 09/10/2009 Acceptable Use Policy Privacy Policy Copyright infringement Comment Form http://www.legislature.mi.gov/(S(rx24bsbn4yozytfl2jbkp555))/mileg.aspx?page=getObject&objectName,., 3/30/2010 1 THE BENEFIT OF PRESENT AND FUTURE GENERATIONS. 2 (3) THE ATTORNEY GENERAL, ON BEHALF OF THE STATE, OR ANY OTHER 3 PERSON MAY MAINTAIN AN ACTION IN THE CIRCUIT COURT HAVING 4 JURISDICTION TO ENFORCE THE PUBLIC TRUST IN THE STATE'S NATURAL 5 RESOURCES, EITHER ALONE OR IN CONJUNCTION WITH OTHER PROVISIONS OF 6 THIh ACT OR OTHER LEGAL REMEDIES THAT ARE APPROPRIATE. THE CIRCUIT 7 COURT MAY APPORTION COSTS, INCLUDING ATTORNEY FEES, IF THE 13 INTERESTS OF JUSTICE REQUIRE. 02711'09 ** Final Page JCB HOUSE BILL No. 5319 September 9, 2009, Introduced by Reps. Scripps, Roberts, Valentine, Geiss, Warren, Smith and Bledsoe and referred to the Committee on Great Lakes and Environment. A bill to amend 1994 RA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 4. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 PART 4. PUBLIC TRUST RESOURCES 2 SEC. 401. (1) THE CONSERVATION AND DEVELOPMENT OF THE NATURAL 3 RESOURCES OF THE STATE ARE OF PARAMOUNT PUBLIC CONCERN IN THE 4 INTEREST OF THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE, 6 2! 7 (2) THE WATERS OF THE STATE, INCLUDING GROUNDWATER, ARE HELD -J -J 8 IN TRUST BY THE STATE. THE STATE SHALL PROTECT THESE WATERS AND (E 9 OTHER NATURAL RESOURCES THAT ARE SUBJECT TO THE PUBLIC TRUST FOR LIJ CI) 61ES ON 1118 3S110H C4 • 5 AND THE AIR, WATER, AND OTHER NATURAL RESOURCES OF THE STATE SHALL V, 11) 6 BE PROTECTED FROM POLLUTION, IMPAIRMENT, AND DESTRUCTION. 02711'09 ** JOB 1 THE BENEFIT OF PRESENT AND FUTURE GENERATIONS. 2 (3) THE ATTORNEY GENERAL, ON BEHALF OF THE STATE, OR ANY OTHER 3 PERSON MAY MAINTAIN AN ACTION IN THE CIRCUIT COURT HAVING 4 JURISDICTION TO ENFORCE THE PUBLIC TRUST IN THE STATE'S NATURAL 5 RESOURCES, EITHER ALONE OR IN CONJUNCTION WITH OTHER PROVISIONS OF 6 THIS ACT OR OTHER LEGAL REMEDIES THAT ARE APPROPRIATE. THE CIRCUIT 7 COURT MAY APPORTION COSTS, INCLUDING ATTORNEY FEES, IP THE 8 INTERESTS OF JUSTICE REQUIRE. 02711'09 ** Final Page JCB Original Message From: Rep. Dan Scripps (District 101) {niailto:Dist101@house.rni.govj Sent: Wednesday, March 03, 2010 9:21 AM To: mitchellsgoakgov.com Subject:I-1B 5319 Dear Ms. Mitchell, Thank you for contacting my office about House Bill 5319 - a bill to extend the public trust protection. already afforded to the water of the Great Lakes and surface water, to Michigan's groundwater. I understand your concerns regarding this bill's impact on private property rights. This legislation strengthens private property rights relating to an individual's ownership of their groundwater. Because there is currently no clear separation of the waters that you own under your property from the waters that extend under your neighbor's land, public trust protections are necessary to guarantee that you can continue to access and use the water that belongs to you, and that a large-scale water withdrawal by a neighbor down the road cannot make your well run dry. By ensuring that all of us are able to continue to use and enjoy the water that is our birthright as Michiganders. my plan protects private property rights and makes certain that our waters are protected for the use and enjoyment of future generations as well. I have also heard a number of concerns about the impact this legislation could have on well owners. Let me assure you — there is nothing in this plan that will charge well owners for accessing their own private water, nor is there any language or any intent that would increase taxes as a result of these protections. In fact, this plan will ensure that their water is protected from those who would take it illegally. I've appreciated the input and feedback I've received from the community on how to make this plan better, Michigan is the Great Lakes State, a fact that defines our state, provides us with a growing competitive economic advantage, and contributes significantly to our quality of life. Our waters are part of our heritage, and the Great Lakes are our state's crown jewel. As stewards of more than ninety-five percent of the country's fresh water - and twenty percent of the freshwater on the planet. we have a special responsibility to preserve our waters for our children and our grandchildren. Because if we in the Great Lakes State won't protect the Great Lakes, no one will. I hope that you find this information helpful. In addition, I have included a copy of this legislation as it was introduced. Please note that this is the first draft of this legislation, and if and when it moves through the legislative process this bill will change to include the suggestions of interested parties. You may also track this bill's progression by visiting http://www ,legislature.mi.gov and searching for House Bill 5319. and you can sign up for e-bill updates there as well. If you have any additional comments or questions, please feel free to contact me again at 888-MICH- 101 or by email at danscripps'khouse.milpy. Regards, Dan Scripps State Representative 101st District DCS/kjh LrI RECORIAAGLE FORUM Preserve water, protect property rights Br PAN Warr" Asa resident of north- wed Lower Michigan, I'm blessed to be able to enjoy some of our state's most beautiful beaches, lakes, river: and streams. Michigan relies on healthy waters tO attain jobs in our three largest industries — agriculture, manufacturing and tour. Dim Protecting the we- taro of the Great Lakes State is an investment in Michigan's future, and key to building prosperity and creating job. today. We took a giant step two YearreJo by Pantiog the Grealloakes Compect, which builds on long- etanding proteetione for OIL? waters enacted by for- warckiainking loaders like former Gov. William Cl, Mil- liken. One of our essential protectionele the public trust doctrine, which speci- fies that theareat Lakes and Michigan's surface watersre to be protected for the use and enjoyment of present and future gen. orations. However. the Great Lakes • Compact, for all the goad it has done, contain, a loop- hole that could he exploit- ed by those who would sell our watem to other states and nations for profit. What's worm. is,tbat re. cent court decisions hive _ called into . question the level of protection that exists • for ground- water in , Thaps a , •significant Scripps threat to , tars—and Illiehigen jobs, Mall why Lye intro- duced a plan to clot* that all of Ifichigrat waters, from the Great Lakes to o groundwater, are protected by the public trust. We need to protect these vital resources — both for our economy and the enjoy- meat of future generations. 7 Some observer' zits- characterize my plan as a threat to residents' prop- erty rights. In fact. the appoints le true.Becaule there ism! elneratmant- don ettbe *Mete limier your nroPertylmenthetve, tere thatientendimder your neighbor's land public trust-protactioneere netts- sary to immunise Wet you rap tontinutta acmes and US the waterthat inland* tayou, and thrike water withdrawal by a neighbor down the road cannot dry up your well. I have also heard a num- ber of concerns recently from well drillers who are concerned about the ite-: pact this legislation could have on them end:well; owners. Letate easizre you; This plan will nt4 charge well owners fur Remising their own private water, nor does It contain any lan- guage or intent to increase taxes as a result of them , protections, -Indeed, I have reached out to load well drillers to strengthen the bill and I've apprealatedthe input and feedback Iste'recelved trent there and the ems- mural, eithaw to make this plan better, Our traterS are part of out heritage. And the Great igkei are our state's • crown jewel. As steneits of more than 95.percent Of the country's !red water and 20 percent, of the freshwater on the planet—we haven special respbrisibilliy to Preserve our water' for our childrem and grandchildren. By ensuring that we Ill can continue to use and enjoy the water that our birthright as Richt- ganders, my plan protects private property right:tend preserves our waters for the use and enjoyMent of future generations, ,Aiseatt the Whirl State Re13. Dafl Scripps Is a Democrat from Leland. Aland tbe forum The forum is a periodic col- umn of opinion written by Record-Eagle readers in their areas of Littered or expertise. Submissions of 150l1 words or len mai be made by [-mailing letterallrecord-eaglexem, Please include biographi- cal information and a photo. if to ? Iraoefse_ CAI ?-t Lord Eal-s- k k Public Trust Should Not Be Trusted [Mackinac Center] Page 1 of 2 • Public Trust Should Not Be Trusted By RUSS HARDING Jan, 28. 2010 When politicians talk about placing natural resources in public trust, landowners should worry. The right to own and use private property is a bedrock principle of a free people. These rights are threatened by House Bill 5319, which would place groundwater in public trust and require landowners to secure a permit from the state of Michigan in order to use that water. Sponsored by state Rep. Dan Scripps, D-Northport, the bill would essentially overturn more than a century of Michigan water law. Property rights are often compared to a bundle of sticks. Philosopher John Locke was an early proponent of this idea, which holds that the sticks that make up the bundle are a compilation of the various rights that come with owning private property, including the rights to live on or bequeath it. Water rights are a significant "stick" in that bundle. With the introduction of House sill 5319, Michigan property owners are threatened by government action that would steal a stick from that bundle and give it to the state. Like most states east of the Mississippi River, Michigan is a riparian water-use state. In Michigan, if you own the land, you own the water and have a legal right to use that water as long as you cio not interfere with the reasonable use of water by your neighbors. This has been true since the state was first settled. Riparian water law has worked well in Michigan for the simple reason that Michigan has abundant water. In fact, Michigan groundwater tables are so high that many homeowners have to install sump pumps just to keep water out of their basements. The proposed public trust legislation treats groundwater as if we lived in an and Western state, where water tables can be 1,000 feet or more beneath the surface. In many of these states, water is appropriated by the government, leading to endless conflicts and lawsuits. Mark Twain. who spent time in Nevada, famously quipped about the situation: "Whiskey is for drinking and water is for fighting." The Michigan Legislature dealt with recent groundwater concerns with the passage of Public Act 33 of 2006. That law requires a landowner to obtain a groundwater permit in certain circumstances, such as proximity to a trout stream. Public Act 33 was a compromise between environmental groups that believed that all water should belong to the government. and landowners and business groups that wanted to preserve private property water rights. That law has already made it more difficult to Use water in the state, removing a competitive advantage Michigan once enjoyed and turning it into a minor liability. Increasing government control of water in the state would not only be a taking of private property, but would be a serious threat to future economic growth. Access to abundant water in the state is a key advantage Michigan has in attracting much-needed jobs in energy. agriculture and manufacturing, including the so-called green jobs Gov. Jennifer Grenholm seeks. The state cannot afford to throw that advantage away, especially since Michigan is not threatened by a shortage of water. Rather than threatening water rights, Michigan needs to follow the example of Ohio. A ballot initiative amending the Ohio Constitution Rather than threatening water rights, Michigan needs to follow the example of Ohio. A ballot initiative amending the Ohio Constitution and protecting the rights of landowners to use groundwater was approved by an impressive 72 percent of the voters in the November 2008 election. fittp:/1www.mackinac.org/12006 4/2/2010 Public Trust Should Not Be Trusted [Mackinac Center] Page 2 of 2 and protecting the rights of landowners to use groundwater was approved by an impressive 72 percent of the voters in the November 2008 election. The constitutional amendment in Ohio merely codified existing riparian water law, which was similar to the kind used successfully in Michigan for the past century. Many Michigan officials seem more interested in taking away existing rights of property owners rather than protecting them. It may be time to take the critical issue of property rights directly to the voters, bypassing the political class. As the Ohio example shows. residents understand the importance of property rights better than do many politicians. Russ Harding is senior environmental analyst and director of the Property Rights Network at the Mackinac Center for Public Policy. He may be contacted at harding@mackinac org. Next page: The REPORK Card This text is part of the larger publication: MICHIGAN CAPITOL CONFIDENTIAL Download PDF of the larger publication Publication: Michigan Capitol Confidential SKU: MCC2010-01 Would you like to see more information like this? Learn how you can help the Mackinac Center provide incisive, accurate and timely analysis of critical policy issues. Copyright © 2010 Mackinac Center for Public Policy Terms of Use Contribute I Contact Us http://www.mackinac.org/12006 4/2/2010 Clean Water Action's Statement on Oakland County Commission Resolution #10047 Presented by Cyndi Roper April 12, 2010 Thank you for bringing Resolution #10047 forward to the Oakland County Board of Commissioners for consideration. The question of public trust protections for all of Michigan's waters should be of enormous concern to the people of Michigan since these protections provide the underpinnings for our water security in the coming decades. I'm here today on behalf of Clean Water Action's 27,000-plus Oakland County current members and our more than 50,000 additional Oakland County supporters ... many of whom are riparian property owners either in Oakland County or in other parts of the state. Clearly, we are committed to protecting their rights to the reasonable use of their water now and in the future. House Bill 5319 was drafted with our strong support. Its intent is the same as that of HB 5068 which passed the Michigan House with bi-partisan support in May 2008 and received bi -partisan support in the Michigan. Senate but fell one vote short in that Chamber (we actually won by majority but failed under Senate rules). Since 2004, Clean Water Action has worked to secure public tnist protections for Michigan's riparian land owners, recreational water users, farmers, mtuncipal water systems, commercial and industrial facilities for three simple reasons: 1) We do not trust that government will always consider the interests of riparians and other water users when making decisions about large water withdrawals: 2) Water belongs to everyone. Public trust means that the state has a duty to hold and manage water for the benefit of everyone — citizens, farmers, businesses, communities alike free from abuse or export for sale by private interests or primarily private purposes. Unfortunately, the Court of Appeals decisions in both the Nestle Waters vs. MCWC and in the Anglers of the Ausable vs, Merit Energy cases have eroded the property rights of riparian land owners thus exposing them to potential scenarios where international and other interests could purchase land in Michigan and begin pumping the water from the community for sale and export leaving existing water users with diminished water availability for their use and enjoyment and 3) The recently adopted Great Lakes Compact included a provision for the export and sale of water as a product, which creates the potential for a dangerous protection gap under international trade agreements. 1 Private interests, globally and in the Great Lakes basin, have been working to shift control of water from public to private control so that water can be owned privately and sold out of the Michigan and the Great Lakes Basin. The growing world water crisis will place huge demands on freshwater. Michigan sits in the middle of freshwater. If public trust principles are not adopted, private companies or foreign countries will be able to buy land and claim the right to export water under international trade laws, and Michigan and other states or provinces will have a difficult time stopping them. If this happens, all landowners and members of the public, including farmers, businesses, and riparian landowners, will lose their rights in our water. Some claim HB 5319 or Public Trust would require permits, taxes, and fees for withdrawal of groundwater. There is nothing in HB 5319 that states or implies any such thing. Neither HB 5319 nor the public trust in water requires or authorizes permits, taxes, or fees. In fact, permits and fees are already imposed by Michigan groundwater and surface water withdrawal regulations as noted by a Mackinac Center fact sheet. In 2006 and again in 2008, state lawmakers approved groundwater withdrawal legislation. The public trust has nothing to do with groundwater regulation It simply affirms and declares the overriding public trust interest in water so that government cannot interfere with or sell off our rights of private reasonable use or public use and enjoyment of our water. Please read the bill. I've provided the full text at the end of my statement. The only reference to financial penalties is the provision allowing citizens andior the attorney general to act to protect our interest in the state's waters. In summary, Clean Water Action urges you not to take up this resolution which could unintentionally undermine your constituents' rights to the reasonable use of their water and to all the other benefits we as Michiganders derive from our public waters. Let's keep Michigan's waters public and protect riparians, farmers, municipal and recreational water users. Let's keep Michigan's water in Michigan to help grow our economy at home rather than allowing our water to be sold and exported around the world. Thank you again for addressing this critical issue in such a timely manner. We would appreciate your standing with our 77,000 Oakland County supporters and the many others who wish to maintain their right to the reasonable use of their water for generations to come. 2 Resolution #10047 March 3, 2010 The Chairperson referred the resolution to the General Government Committee. There were no objections. Resolution #10047 April 22, 2010 Moved by Long supported by Taub the resolution be adopted. Moved by Long supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Schwartz supported by Coulter to refer the resolution back to the General Government Committee. AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capella. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was referred back to the General Government Committee.