Water Diversion Legislation on Tap

MITA attempting to limit impact on construction projects

Water diversion bills pending in the state House and Senate could substantially change how water is used and consumed in Michigan.

There are three areas of infrastructure construction that can potentially be included in the definition of “water diversion”, forcing greater costs and regulation. One is the dewatering process. The other areas are in the production of asphalt and concrete along with processing of aggregate, where water is used and consumed.

Current Michigan law allows for a 2 million gallon a day threshold before being considered a diversion. Under one proposal, that limit would be cut in half.

MITA is working hard to ensure the current threshold is maintained while also attempting to exempt dewatering from any new requirements. The association has argued that such protection is unnecessary since the water is not being consumed or diverted outside the watershed. MITA’s focus has also been to maintain a “seasonal exemption” which would waive any new regulations on water for short-term projects lasting less than 90 days.

If you have any questions please contact Mike Nystrom, Vice President of Government and Public Relations at mikenystrom@mi-ita.com; or Keith Ledbetter , Director of Legislative Affairs at keithledbetter@mi-ita.com; or by calling the MITA office at (517) 347-8336.