Water LawsState of Michigan

Michigan Legislaturehttp://www.legislature.mi.gov/

Michigan's Natural Resources and Environmental Protection Act, 1994, PA 451, as amended (Act 451).

Water quality also is protected under the Act. The statute prohibits water discharges that could harm:

◦ Public health, safety or welfare;

◦ Domestic, commercial, industrial, agricultural, recreational or other water uses;

◦ The value or utility of riparian lands;

◦ Livestock, wildlife, or plants.

Additionally, a state permit is required to discharge waste or waste effluent into surface water or groundwater

Natural Resources and Environmental Protection Act

Part 301, Inland Lakes and Streams, of the Natural Resources & Environmental Protection Act (PA 451)

Inland Lakes and Streamshttp://www.michigan.gov/deq/0,1607,7-135-3313_3681---,00.html

Michigan’s New Water Use Bill Part of Public Act 451, signed February 28, 2006 A landmark package of water-use bills, bringing

long overdue protections to Michigan’s waters

◦ An immediate prohibition against new large-scale water withdrawals that cause adverse resource impacts to lakes and streams

◦ A permit requirement for new large-scale water withdrawals

◦ A requirement that the projects include plans to remedy any measurable impacts

The Aquifer Protection and Dispute Resolution Act (PA 177) empowers the MDNRE to investigate whether high-capacity wells are depleting groundwater supplies and, if so, to order remedies. (Construction-project dewatering wells and some municipal water wells are exempt. Cases involving agricultural wells are handled by the Michigan Department of Agriculture.)

State action is instigated under PA 177 when a well owner reports a drop in water supply or change in water quality. The complainant must have reason to believe that their water supply is being diminished or compromised by a higher-capacity well in the region

Well conflict

DNRE – Drinking Waterhttp://www.michigan.gov/deq/0,1607,7-135-3313_3675---,00.html

Michigan Safe Drinking Water Act 1976 PA 399, as amended

Administrative rules, supplying water to the public R325.10101 to R325.12820

Delineation of wellhead protection areas is mandated for community drinking water wells under this Act.

Complete PDF of the Act available at:http://www.michigan.gov/documents/deq/deq-wb-dwehs-cws-Act399_247583_7.pdf

Michigan's wetland statute, Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451

Under the Act, a permit is required for the following activities: ◦ Deposit or permit the placing of fill

material in a wetland;◦ Dredge, remove, or permit removal

of soil or minerals from a wetland◦ Construct, operate, or maintain any

use of development in a wetland; or◦ Drain surface water from a wetland

These activities are regulated regardless of the intention of the dredging, filling, construction, or draining activities.

Wetlandshttp://www.michigan.gov/deq/0,1607,7-135-3313_3687-10502--,00.html

http://www.michigan.gov/deq/0,1607,7-135-3313_3687---,00.html

EPA – Laws & Regulationshttp://www.epa.gov/lawsregs/laws/cwa.html

Endangered Species Act Endangered Species Act is to

protect species and also "the ecosystems upon which they depend."

ESA's primary goal is to prevent the extinction, and secondly, to recover and maintain by removing or lessening threats to their survival.

Hundred-Million-Dollar Dam Stopped by Three-Inch Fish In 1975, the Snail Darter was

placed on the newly created Endangered Species List.

United States Supreme Court affirmed an injunction that stopped the Tennessee Valley Authority from completing the Tellico Dam project because the proposed project would destroy the Snail Darter’s habitat.

The dam, at that time, was more than 90 percent built!

Interesting Readings

Cadillac Desert: The American West and Its Disappearing Waterby Marc Reisner

Water Follies: Groundwater Pumping and the Fate of America's Fresh Watersby Robert Glennon

Water Follies: Groundwater Pumping and the Fate of America's Fresh Waters by Marq de Villiers

The Great Lakes Water Warsby Peter Annin