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Show MICHIGAN 397 for recreation, fisheries, wildlife, or public parks.15 Other statutes authorize the improvement of certain inland lakes by dredging and the removal of undesirable material from the lakes.16 The department, in conjunction with County Boards of Super- visors, administers legislation which provides for the determination and maintenance of the normal height and level of waters in inland lakes for the protection of the public health, safety, and welfare and for the conservation of the natural resources of the State. This act authorizes the building and maintenance of dams and embankments to accomplish the purposes of the act, and the drilling of wells to supply a lake with additional water to maintain its level. The deter- mination of the normal lake level is made after notice and a public hearing. The project can be financed through a special assessment district. Provision is also made for the installation of fish ladders or other devices to permit the free passage of fish.17 In 1970, Michigan enacted a Natural Rivers Act, also administered by the Department of Natural Resources. The department is em- powered to designate a river, or a portion thereof, as a natural river area for the purpose of preserving and enhancing its values for water conservation, its free-flowing condition, and its fishing, wildlife, boating, scenic, esthetic, flood plain, ecologic, historic, and recrea- tional values and uses. The area shall include adjoining or related lands as appropriate to the purposes of the designation. In order to accomplish the purposes of this act, the department is authorized to prepare and adopt a long-range comprehensive plan.1* 2.2 Resolution of Water Use Conflicts The definition and resolution of individual rights with respect to water use and disposal have been accomplished through court adjudi- cations which have arisen between private parties. These actions usually take the form of injunctive proceedings to prevent interfer- ence with water or property rights, or actions for damage for injury to or impairment of right.19 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL The primary responsibility for water quality control in Michigan is vested in the Water Resources Commission, which also has other water resource responsibilities, as discussed above. With respect to water quality, the commission is empowered to control pollution of the surface water and ground waters of the State, and to establish pollution standards in light of the public use to which the waters of the State are or may be put. It has the authority to make regulations and to issue orders restricting the polluting content of any waste material or substance discharged into the waters of the State. In short, the act provides that it is unlawful to discharge into the waters of the State any substance which may be injurious to public health, 15 Mich. C.L.A., see. 281.743. " Mich. C.L.A., sees. 281.901 to 281.929. w Mich. C.L.A., sees. 281.61 to 281.85a. *> Mich. C.L.A., sees. 281.761 to 281.776. M Merkel v. Consumers' Power Co., 220 Mich. 128, 189 N.W. 997 (1922) ; Monroe Carp Pond Co. v. River Ralsen Paper Co., 240 Mich. 279, 215 N.W. 325 (1927). |