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Show MICHIGAN 401 order to qualify as a riparian owner, the individual's land must be in actual contact with the waters.*6 3.2 Nature and Limit of Bights a. BASIS OP THE RIGHT The basic nature of the property right which a riparian owner acquires in a stream is not a right to the corpus of the stream itself, but rather a right to make a reasonable use of this resource. This has been characterized by the Michigan Supreme Court as a common usufructuary right to the water, and all rights are coequal. A pro- prietor's right must be exercised in such a manner that other reason- able uses of the streams are not impaired.47 The right extends to quality as well as quantity, even though both may be impaired to some degree to allow for a reasonable use of the water.48 b. EXERCISE OF THE RIGHT As noted, "reasonable" use may impair both the quality and quan- tity of a stream-but not to an "unreasonable" degree.49 Whether the use which is made of the water is reasonable depends upon all the facts and circumstances in the particular case-what the use is for; its duration, extent, necessity, and application; the nature and size of the stream; the comparative benefit to the user and injury to others.50 The mere fact that one riparian landowner began to use the water first is not a criterion relevant to reasonableness, and it will not give him any proirity over others who have rights in the stream.51 A riparian landowner may construct a dam across a stream and operate a mill, but he cannot operate it in such a manner that lower mills on the stream are rendered useless and unproductive.52 While the owner of a lake has the right to have the level of his lake maintained, lower riparian owners are entitled to use the water flow- ing into a stream from the lake.53 As between riparian owners abut- ting a lake, with one using the water for irrigation and the other for resort purposes, each is entitled to make a reasonable use of the water.64 With regard to the use of the surface of a lake, the Michigan Su- preme Court has ruled that one owner who is riparian to the lake, and his licensees, may use the surface of the whole lake for boating **Hilt V. Weber, 252 Mich. 198, 233 N.W. 159 (1930), Thompson v. Enz, 379 Mich. 667, 154 N.W. 2d473 (1967). «People v. Hulbert, 131 Mich. 156, 91 N.W. 211 (1902); Kennedy v. Niles Water Supply Co., 173 Mich. 474, 139 N.W. 241 (1913). 18 Dumont v. Kellogg, 29 Mich. 420 (1874) ; People v. Hulbert, 131 Mich. 156, 91 N.W. 211 (1902). *» Dumont v. Kellogg, 29 Mich. 420 (1874) ; People v. Hulbert, 131 Mich. 156, 91 N.W. 211 (1902). 60 Hoover v. Crane, 362 Mich. 36, 106 N.W. 2d 563 (1960) ; Thompson v. Enz, 379 Mich. 667, 154 N.W. 2d 473 (1967) ; Monroe Carp Pond Co. v. River Raisen Paper Co., 240 Mich. 279, 215 N.W. 325 (1927). 61 Dumont V. Kellogg, 29 Mich. 420 (1874) ; Preston v. Clark, 238 Mich. 632, 214 N.W. 226 (1927). 62 Merkel v. Consumers' Power Co., 220 Mich. 128, 189 N.W. 997 (1922) ; Dumont v. Kellogg, 29 Mich. 420 (1874). 63 Krieg v. Kaufman, 206 Mich. 622,173 N.W. 338 (1919). «* Hoover v. Crane, 362 Mich. 36, 106 N.W. 2d 563 (1960). |
