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ITHACA - A Wheeler Township farmer's deep irrigation well created
quite a stir last summer when three families complained it was
depleting their water supply.
The residents, who live on North Barry Road near Adams Road,
contacted several government officials about their concerns but
found no one who could help.
They discovered that neither Gratiot County nor the state has any
rules regulating groundwater withdrawal. The citizens were told if
they couldn't reach a compromise with the farmer, their only
recourse is to take legal action. They determined that is too
costly.
Since then, County Board of Commissioners members have discussed
the possibility of enacting rules for installation of deep
agricultural "production wells."
But members took no action on a proposed ordinance, saying it's
the state's responsibility to regulate the large systems.
Although Commissioner Richard Heathcock introduced an ordinance
that would have required farmers to submit hydrological studies and
obtain additional permits before digging high-volume wells, he no
longer believes it's a good idea.
"There is no way to scientifically tell if it will affect a
neighbor or not," he said. "The only way of knowing for
sure is after digging it."
Heathcock pointed out that one county could have rules regarding
production wells but an adjoining one might not.
He added that if a farmer decided to install a deep irrigation
well just across the county line, it could adversely impact
residents up to three miles away and officials would have no way of
enforcing regulations in another jurisdiction.
He also noted that some of the complaints in Wheeler Township
came from citizens who have older wells in need of maintenance or
had water problems before the deep well was drilled.
"It's a very, very complex issue and there is no simple
answer," Heathcock said. "We're not pursing an ordinance.
Basically it's a state issue. I think it's something we mutually
have to work on, but I don't know the ultimate solution."
However, two state lawmakers say it's best if counties or town
GGGGGGGGGGGGGGGGGGGGrrrrrrrrrrrrrrrrrrrraaaaaaaaaaaaaaaaaaaa
ships make the rules.
Sen. Mike Goschka, a Brant Republican who has gotten involved in
several similar disputes in western Saginaw County, said he doesn't
blame people for getting upset but the issue is a local one.
Goschka said he has talked to more than 20 other legislators and
none have heard complaints from constituents about irrigation wells.
"The pattern that has developed is that when irrigation
takes place, water stops running in people's homes," Goschka
said. "But when I approach other senators, they say, 'You want
me to put further restrictions on farmers?'
"They want to know why we should impose (well regulations)
in other areas of the state when it's not a problem there."
Republican State Rep. Larry DeVuyst of Alma agrees.
"It would take a tremendous groundswell to get something
like that passed," he said. "There's something bigger here
than just water. Any time the state usurps local rule, it takes
rights away from the locals to control their own destiny.
"If the state dictates everything, then we've got a problem.
We really get slapped around when we intervene in local
government."
In Saginaw County, a circuit judge has granted a temporary
injunction that limits when three farms can run their systems.
Residents in Fremont and Lakefield townships complained that
operation of the deep wells impaired their shallower wells. The
judge's order restricts usage of the irrigation systems to between 9
p.m. and 7 a.m., and bans them from running for 24 hours after a
moderate rainfall.
DeVuyst, the Alma lawmaker, said there's not enough information
about geological formations in mid-Michigan to know how water moves
underground.
But that may change. The state Department of Environmental
Quality has included $100,000 in this year's budget to perform
hydrological studies, Goschka said.
As it is now, there is no proof that deep irrigation systems
deplete water supplies even if a neighbor's well runs dry.
"In a court of law, that's only circumstantial
evidence," Goschka said. "It's going to take time, but the
studies will provide something tangible."
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