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Show MICHIGAN 395 decreasing the flow of a river or stream below its optimum flow. Upon request by a local government unit, and after notice and public hearing, the commission is authorized to determine the optimum flow for those rivers and streams which may be substantially affected by the impounding and releasing of surplus water, and to adopt a plan for the best utilization and conservation of the available surplus water in the stream. Statutory criteria are provided to determine the optimum flow, and these criteria include, among other things, protection of the present and foreseeable future uses by riparian landowners, the stream's waste assimilation capacity, and its utility for additional uses. No plan shall permit the impounding of water when the flow is below optimum flow, and no diversion of water from one watershed to another shall be permitted.8 After the adoption of a, final order determining the optimum flow, which is subject to judicial review on questions of law only, the commission shall hold public hearings on the plan for storage as proposed by the local unit of government. If the commission finds the plan to be in the public interest, it shall enter an order approving it. The local unit or board may then construct the dam or dams necessary to impound the surplus water and to make use or disposi- tion of the surplus water in accordance with the plan. The increased water supply resulting from the plan is to be made available for nonconsumptive use to all riparian landowners. Charges can be imposed on users of surplus water for waste assimilation or con- sumptive use. Provision is also made for a ^determination of optimum flow and for the modification of the existing plan after it has been in effect for 5 years if there is a showing of a substantial change in conditions.9 One of the primary responsibilities of the commission is the control and abatement of pollution of the waters of the State, and the powers and duties of the commission in this regard will be reviewed in some detail in section 2.3.a, dealing with water quality control. b. DEPARTMENT OF NATURAL RESOURCES This department has certain regulatory powers relating to the con- struction of dams. The act creating the department provides that no person shall construct any dam on land owned by him on any stream or river, impounding more than 5 acres or with a head of 5 or more feet, without first obtaining a permit from the department. Exempted from the act are ponds of less than 5 acres with a drainage area of less than one square mile which are constructed by Federal or State conservation agencies. Public utilities subject to regulation by the Michigan Public Service Commission are excluded from the act. The department must require that plans be prepared by a regis- tered professional engineer and that consideration be given to pro- viding water supply. The department may also promulgate rules and regulations which govern standards and methods of construction and materials used, so as to assure the structural soundness of any dam. A permit may be issued if the impoundment will not have a 8 Mich. C.L.A., sees. 281.301, to 281.306. 9 Mich. C.L.A., sees. 281.306 to 281.315. |
