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Show 394 MICHIGAN Although there are a number of statutes dealing with water, there is no comprehensive legislation governing the regulation, utilization, and administration of the State's water resources. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights As with other riparian States, water rights in Michigan are de- pendent upon ownership of land abutting the watercourse,5 and the evaluation of the right which a riparian owner acquires has been a matter of judicial construction under the principles of the common law doctrine of riparian water rights.6 Historically, there was no State administrative procedure govern- ing the acquisition, distribution, or adjudication of water rights in Michigan. But the State legislature has made some efforts in recent years to involve the administrative branch of State govern- ment in water resource matters. These efforts are as yet quite limited, and there is still no comprehensive legislation dealing with water right control and administration. However, two State agencies have been given certain responsibilities concerning water administration, and they should be noted. a. WATER RESOURCES COMMISSION A water resources commission has been created to protect and conserve the water resources of the State, to control the pollution of the waters of the State and the Great Lakes, to control the alter- ation of watercourses and streams, and to prohibit the obstruction of floodways of the rivers and streams of the State. The commission is empowered to make surveys and investigations of the uses of both the surface and underground waters of the State, and to cooperate with other government agencies in conducting these surveys. The commission may promulgate rules and regulations to carry out pro- visions of the act. The powers of the commission with regard to control of the alteration of natural watercourses are to assure that the channels and the portions of the flood plains that are floodways are not inhabited, but are kept free of interference or obstruction which would cause any undue restriction of the capacity of the floodway. It is unlawful for any person to occupy a flood plain or stream channel for any purpose other than agriculture, unless authorized by an order of the commission or a permit from the Department of Natural Resources. The commission also has responsibilities in the creation and operation of flood control districts, and it may enter orders to prevent harmful interference with the discharge and stage characteristics of streams.7 In 1964, Michigan enacted a Surplus Waters Act which defines surplus water to be that water which may be impounded without B Monroe Carp Pond Go. v. River Baisen Paper Co., 240 Mich. 279, 215 N.W. 325 (1927). « Dumont v. Kellogg, 29 Mich. 420 (1874). ' Mich. C.L.A., sees. 323.1 to 323.5b. |
