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Show MICHIGAN 399 In addition to the water quality control jurisdiction of the Water Eesources Commission, the State health commissioner has been dele- gated certain power over the construction and operation of water supply and sewage treatment facilities. His authority extends to re- viewing plans and specifications for the facilities, issuing permits prior to construction, and examining and certifying water treatment plant and sewage treatment plant operators.26 Apart from the statutory regulation and control over water quality, as discussed above, the right of a riparian landowner extends to quality as well as quantity. This does not mean that the stream must be maintained in a state of natural purity. An upper riparian owner, in making use of the water, may deteriorate the quality of the stream as a part of his use, so long as his use is not unreasonable. In one case it was held that depositing waste from a mill into a stream was unreasonable when it polluted the water and killed fish in a down- stream riparian owner's ponds.27 However, the court invoked the comparative injury doctrine, and the right of recovery was limited to damages, since the court concluded that an injunction would be inequitable and entirely disproportionate under the facts. b. ENVIRONMENTAL CONCERN The disputes in Michigan which have arisen concerning the right to use water have most commonly involved right of use for such pur- poses as household, irrigation, or manufacturing, but the Michigan Supreme Court has also recognized the use of water for such pur- poses as recreation, fishing, boating and swimming.28 Also, as previ- ously pointed out, the Water Quality Control Act protects both de- velopmental and environmental values in the waters of the State, also recreational, fish, and wildlife.29 Further, the protection and pres- ervation of environmental values is the primary concern of the Natural Rivers Act, where certain streams can be designated for preservation in their free-flowing state.30 Other recent legislative efforts reflecting the environmental concern include the Environmental Protection Act of 1970. This act author- izes a cause of action by the attorney general, political subdivisions of the State, or individuals for the protection of the air, water and other natural resources and the public trust therein.31 Michigan has also enacted legislation for the protection and management of the shore- lands in the State.82 C. OTHER AGENCIES AT THE STATE LEVEL Those agencies having the primary regulatory responsibility over water in Michigan have been reviewed above, but the following agencies also have some responsibility over the State's water re- sources, and they should be noted: (1) State Waterways Commission, While the duties of this com- 28 Mich. C.L.A. pecs. 325.201 to 325.214. 27 Monroe Carp Pond Co. v. River Raisen Paper Co., 240 Mich. 279, 215 N.W. 325 (1927). i8Dumont v. Kellogg, 29 Mich. 420 (1,874) ; People v. Hulbert, 181 Mich. 156, 91 N.W. 211 (1902) ; Hoover v. Crane, 362 Mich. 36,106 N.W. 2d 563 (1960). 29 Mich. C.L.A., sec. 323.6. » Mich. C.L.A., sees. 281.761 to 281.776. w Mich. C.L.A., sees. 691.1201 to 691.1207. 88 Mich. C.L.A., sees. 281.631 to 281.645. |
