A dormant federal proposal to subject even small puddles to the authority of the U.S. Environmental Protection Agency has been introduced in the Michigan Legislature as a state-level idea.

Under a proposed rule called “Waters of the U.S.,” the EPA would have been able to control how farmers use water on their property. Its logic was that water on their lands, even small furrows or ponds, had a significant nexus to larger, navigable waters over which the EPA has jurisdiction.

“The waters of this state, including groundwater, are held in the public trust by this state,” according to House Bill 5953, introduced by Rep. Yousef Rabhi, D-Ann Arbor, and Senate Bill 987, introduced by Sen. Jeff Irwin, D-Ann Arbor. The legislation would give state agencies such as the Department of Natural Resources or the Environmental Great Lakes and Energy Department similar powers.

These bills do not distinguish navigable waters such as public lakes and rivers from puddles or stock ponds on private property that do not connect to public waters.

The concept of public trust cited in the legislation, is defined by the Michigan Constitution (Article IV, section 52). “The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people," the section reads. “The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.”

The language is not narrowly defined, giving leeway to government agencies like the EGLE and the the DNR. In the same way the EPA sought to control the activities of farmers nationwide, state agencies could require property owners to obtain permits if they wish to use water found on their own property. The uses could include collecting rain water, nourishing a garden or filling a swimming pool.

If the legislation were to become law, it would revoke current doctrine on water use. Under the existing standard, property owners have the legal right to use groundwater reasonably as long as doing so does not hinder neighboring property owners from their efforts to obtain water, according to MichiganVotes.org. The site notes that the current law relies on the riparian water use doctrine, which generally applies in states east of the Mississippi River.

In states with limited water availability, property owners often must secure water use permits, on the grounds that a regulatory scheme will keep large ranches and other operations from hindering a neighbor’s ability to obtain water. Michigan is the leading state in the nation for fresh water with 40,175 square miles, according to the United State Geological Survey. Only Alaska, which has an extensive ocean coastline, has more water-covered area, at 94,743 square miles.

Rabhi and Irwin did not respond to a request for comment. Gov. Gretchen Whitmer’s office also did not respond to a query about whether Whitmer intended to sign the bill.

Gov. Gretchen Whitmer appears to have changed her mind about a plan for mitigating COVID-related learning loss in K-12 students, but with a significant restriction.

Whitmer had vetoed, in July 2021, a bill produced by legislative Republicans to channel $155 million of the state’s $6 billion share of federal COVID-19 relief dollars into reading scholarships. The funds would have helped elementary students who are behind due to school shutdowns during the pandemic.

The governor tweeted on Sept. 8, however, “Our kids always come first. To help get them back on track, I proposed offering tutors for all 1.4 million Michigan students. Let’s get it done.” Whitmer was referring to her own student recovery proposal, called the MI Kids Back on Track tutoring plan, released May 23.

Whitmer’s recovery proposal is similar to the Republican plan she vetoed, which would have provided parents $1,000 grants for elementary-age students with low reading test scores. Parents would have had the autonomy to choose which tutoring services were best for their students. They could have used the money for private tutoring, after-school programs, books, or instructional materials.

Whitmer did not explain her veto, and legislative Democrats did not join in an effort override it. Since then, evidence has grown that the COVID lockdowns hurt student performance. The National Assessment of Education Progress reported recently that Michigan went backward in math and reading scores.

Republicans reintroduced their proposal in February, this time with a plan to give $1,500 grants to students. But House Bill 5859 went down to defeat in a June vote in the Michigan House, with all Democrats and five Republicans voting against it.

The governor, who faces a reelection vote in November, is now promoting her own plan to get students on track. The major difference between her plan and the Republican bill she vetoed is that her $280 million proposal does not give parents the latitude to choose what is best for their children.

The governor’s proposal puts those same schools that shut down during COVID-19 — many of which showed consistently low scores and poor academic outcomes even before the governor’s lockdown orders — in charge of a student’s recovery. The proposal calls for tutoring for all subjects and grades. An announcement about it from the Michigan Department of Education links to volunteermichigan.org. It notes that tutoring would be available during and after the school day.

Whitmer did not respond to a request for comment.