The Groundwater Dispute Resolution Program investigates and resolves disputes arising from the impacts of high capacity water wells. If a small quantity well (less than 70 gallons per minute [gpm] pumping capacity) fails to produce its normal supply of water or fails to produce potable water and the owner has credible reason to believe the well problem was caused by a high capacity well (70 gpm or more), a complaint can be filed with the Michigan Department of Environmental Quality (DEQ), Water Bureau. An assessment of the water well by a Michigan registered water well drilling contractor is required to rule out mechanical problems as the cause of the well failure.

The DEQ will investigate the complaint to determine if the problem is caused by the lowering of groundwater by a high capacity well; then make a diligent effort to resolve the dispute. If the suspected high capacity well is an agricultural well, the complaint is referred to the Michigan Department of Agriculture, Environmental Stewardship Division, for investigation. Resolution of a groundwater dispute typically involves restoration or replacement of the small quantity water well or connection to a municipal water system, with the high capacity well owner reimbursing the complainant for costs incurred. State officials may want to meet with the parties to discuss an equitable solution.

To obtain a complaint form and information about the program, call the toll free “NO WATER” hotline at 1-866-709-0019. A toll free fax line, at 1-866-709-0039, is available for filing complaints, or the complaint may be mailed or delivered to the DEQ.

If the DEQ is unable to resolve a complaint, a Groundwater Dispute Declaration Order can be issued to require the high capacity well owner to compensate the small quantity well owner for the cost of the following:

• Obtaining an immediate temporary supply of potable water (such as bottled or hauled water).
• Permanent provision of an alternate water source (drilling a replacement well or connection to municipal water, if available).
• Restoration of the well (lowering the pump or deepening the well).

• The well assessment performed by a water well drilling contractor.

A Groundwater Dispute Declaration Order can also restrict the quantity of groundwater that can be withdrawn from the high capacity well if one of the following is true:

• The high capacity well is reasonably believed to have caused the well failure and the high capacity well owner has failed to furnish the complainant with an alternate water supply.

• There is clear and convincing scientific evidence that continued withdrawal from the high capacity well will exceed the recharge capability of the groundwater resources of the area.

A person who violates a Groundwater Dispute Declaration Order is subject to a civil fine up to $1,000 per day, not to exceed a total of $50,000. Additionally, when an order is issued, the high capacity well owner must reimburse the state for costs to investigate and resolve the dispute, not to exceed $75,000.

Part 317, the Aquifer Protection and Dispute Resolution Act, 2003 PA 177 (Act 177), was added to the Natural Resources and Environmental Protection Act, 1994 PA 451. Part 317 became effective statewide on July 1, 2004.