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Hello MI Council of Trout Unlimited Board Members, This morning, Tuesday June 24, 2008, the House and Senate finalized negotiations on the remaining points of difference each of their water withdrawal bill packages. The bill packages were amended to be consistent with eachothers and both were passed out of the opposite chamber's committees. They are now both up for a general floor vote. The final compromise did not reflect an even middle ground on the remaining differences, but was skewed in favor of the Senate version. The adverse resource impact thresholds were not set where we'd have liked in all cases; no new recognition of the public trust in groundwater was added, but a statement was included which clarified that this new legislation in no way precludes or impinges on any common law, existing public trust or sovereignty of the state in protecting its waters; the new framework will become partially effective on October 1, 2008 and fully effective in 2009; and permitting was added for all new withdrawals of 1 million gallons per day if they fall within "zone C" (which is the zone approaching the threshold of ARI). The "adverse resource impact lines" (ARI) for coldwaters have ended up at: <3% decline in thriving fish abundance (21% reduction in low flow) for coldwater streams (the smallest size streams); for coldwater small rivers the ARI line was drawn at "less than 1%" decline in thriving fish abundance (20% reduction in low flow). For cold-transitional streams, small rivers, and large rivers, the ARI are "less than 5%" reduction in thriving fish abundance (which in all three cases is between 2 - 4% reductions in low flow). While these outcomes are less than ideal for protecting our waters, they do represent a great deal of progress from the proposed ARI lines 1 year ago (recommendations from the Groundwater Advisory Council). Those recommendations had proposed ARI lines as: Cold streams: 45% reduction in thriving fish species (10% change in fish community), = 52% reductions in low flow Cold small rivers: 20% reduction in thriving fish species (10% change in fish community), = 48% reduction in low flow Cold-Transitional streams: 10% reduction in thriving fish species (10% change in fish community), = 10% reduction in low flow Cold-Transitional small rivers: 35% reduction in thriving fish species (10% change in fish community), = 18% reduction in low flow Cold-Transitional large rivers: 47% reduction in thriving fish species (10% change in fish community), = 22% reduction in low flow. While we expect no one to be pleased with the idea of low flow reductions of 20%, members of TU and our conservation partner organizations should be proud of the advocacy efforts we undertook. While these outcomes are less than ideal, without the involvement, efforts and actions of all of our members the outcomes today would have been far worse. We should be proud of our accomplishments here, and look to strengthen ourselves and our partnerships so that we can be stronger for our natural resources, during the next fight. We also, immediately, have lots of work in front of us to improve this new system of water protection. Thank you, Dr. Bryan Burroughs Executive Director Michigan Council of Trout Unlimited P.O.Box 442 Dewitt, MI 48820-8820 616-460-0477
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