OCR Text |
Show 400 MICHIGAN mission are not directly related to water rights, it does have certain responsibilities which could have an impact on a riparian landowner, because it is empowered to acquire, construct, and maintain harbors, channels, and facilities for vessels in the navigable waters lying within the boundaries of the State. The commission may acquire such lands and right-of-way as are necessary to carrying out these duties by purchase or condemnation, and may enter into agreements with the Federal Government to accomplish the objectives of the act.33 (2) Great Lakes Interstate Compact. This compact, entered into among the Great Lakes States, created a Great Lakes commission as a joint instrumentality of the States of the Great Lakes. It has cer- tain responsibilities relating to the Great Lakes water use and de- velopment of the waters of the Great Lakes.34 d. AGENCIES AT THE LOCAL LEVEL The following local organizations or agencies have some responsi- bility in various aspects of water utilization, conservation, or control: (1) Sewage disposal and water supply districts.35 (2) Metropolitan district act.36 (3) Water and power companies.37 (4) Drainage districts and water management districts.38 (5) River management districts.39 (6) Port districts.40 (7) Municipal water authorities.41 (8) Soil conservation districts.42 3. Surface Waters The Michigan Supreme Court has said that a watercourse is a natural stream of water which usually flows in a particular direction in a definite channel, with a bed and banks, and which usually flows into some other stream or body of water.43 Although a lake has char- acteristics which distinguish it from a watercourse, the rights of the abutting landowners are determined under the same basic principles of the riparian water rights doctrine as apply to watercourses.44 3.1 Method of Acquiring Rights In Michigan, as in other States which have adopted the riparian concept of water rights, the right to use water is an incident to the ownership of land which abuts or across which a stream flows.45 In 83 Mich. C.L.A., sees. 281.501 to 281.538. 3* Mich. C.L.A., sees. 3.601 to 3.655. ss Mich. C.L.A., sees. 323.151 to 323.162. s9Mich. C.L.A., sees. 119.1 to 119.51. 87 Mich. C.L.A., sees. 486.1 to 486.571. 88 Mich. C.L.A., sees. 280.1 to 280.583. *> Mich. C.L.A., sees. 323.301 to 323.320. *° Mich. C.L.A., sees. 120.1 to 120.56. 41 Mich. C.L.A., sees. 121.1 to 121.29 ; also, see chs. 123 and 124. "Mich. C.L.A., sees. 282.1 to 282.16. 43 Ch-and Rapids & I By. Co. v. Round, 220 Mich. 475, 190 N.W. 248 (1922). ** Hoover v. Crane, 362 Mich. 36, 106 N.W. 2d 563 (1960). 45 Monroe Carp Pond Co. v. River Raieen Paper Co., 240 Mich. 279, 215 N.W. 325 (1927). |