Michigan Compiled Laws
451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730)
Section 324.32702 - Legislative Findings and Declarations; Authority.

Sec. 32702.
(1) The legislature finds and declares that:
(a) A diversion of water out of the basin of the Great Lakes may impair or destroy the Great Lakes. The legislature further finds that a limitation on such diversions is authorized by and is consistent with the mandate of section 52 of article IV of the state constitution of 1963 that the legislature provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction.
(b) Water use registration and reporting are essential to implementing the principles of the Great Lakes charter and necessary to support the state's opposition to diversion of waters of the Great Lakes basin and to provide a source of information on water use to protect Michigan's rights when proposed water losses affect the level, flow, use, or quality of waters of the Great Lakes basin.
(c) The waters of the state are valuable public natural resources held in trust by the state, and the state has a duty as trustee to manage its waters effectively for the use and enjoyment of present and future residents and for the protection of the environment.
(d) The waters of the Great Lakes basin are a valuable public natural resource, and the states and provinces of the Great Lakes region and Michigan share a common interest in the preservation of that resource.
(e) Any new diversion of waters of the Great Lakes basin for use outside of the Great Lakes basin will have significant economic and environmental impact adversely affecting the use of this resource by the Great Lakes states and Canadian provinces.
(f) The continued availability of water for domestic, municipal, industrial, and agricultural water supplies, navigation, hydroelectric power and energy production, recreation, and the maintenance of fish and wildlife habitat and a balanced ecosystem are vital to the future economic health of the states and provinces of the Great Lakes region.
(g) Future interbasin diversions and consumptive uses of waters of the Great Lakes basin may have significant adverse impacts upon the environment, economy, and welfare of the Great Lakes region and of this state.
(h) The states and provinces of the Great Lakes region have a duty to protect, conserve, and manage their shared water resources for the use and enjoyment of present and future residents.
(i) The waters of the Great Lakes basin are capable of concurrently serving multiple uses, and such multiple uses of water resources for municipal, public, industrial, commercial, agriculture, mining, navigation, energy development and production, recreation, water quality maintenance, and the maintenance of fish and wildlife habitat and a balanced ecosystem and other purposes are encouraged, recognizing that such uses are interdependent and must be balanced.
(j) The waters of the Great Lakes basin are interconnected and part of a single hydrologic system.
(2) The legislature has the authority under sections 51 and 52 of article IV of the state constitution of 1963 to regulate the withdrawal and uses of the waters of the state, including both surface water and groundwater, to promote the public health, safety, and welfare and to protect the natural resources of the state from pollution, impairment, and destruction, subject to constitutional protections against unreasonable or arbitrary governmental action and the taking of property without just compensation. This authority extends to all waters within the territorial boundaries of the state.
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008 Popular Name: Act 451Popular Name: NREPA

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article III - Natural Resources Management (324.30101...324.83109)

451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507)

451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201)

451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730)

Section 324.32701 - Definitions; Retention of Established Baseline Capacity.

Section 324.32702 - Legislative Findings and Declarations; Authority.

Section 324.32703 - Diversion of Waters Prohibited.

Section 324.32703a - Diversion; Authorization; Conditions.

Section 324.32704 - Applicability of MCL 324.32703.

Section 324.32704a - Diversion; Proposal; Comment Period; Notification; Waiver.

Section 324.32705 - Registration of Withdrawal; Use of Assessment Tool; Exception; Agricultural Purpose; Form; Calculating Total Amount of Existing or Proposed Withdrawal; Aggregate Information; Duration of Valid Registration.

Section 324.32706 - Development of Internet-Based Online Registration Process; Registration; Required Statement and Supporting Documentation.

Section 324.32706a - Internet-Based Water Withdrawal Assessment Tool; Implementation; Determination of Proposed Zone Withdrawal; Entering and Printing Data; Working in Conjunction With Online Registration Process; Technical Modifications; Redesignati...

Section 324.32706b - Utilization of Assessment Tool; Request for Site-Specific Review; Designation of Proposed Withdrawal; Registration; Rerun of Assessment Tool; Correction of Data.

Section 324.32706c - Request for Site-Specific Review; Analysis; Supporting Evidence; Conditions; Form; Information to Be Included; Completion of Review by Department; Withdrawals; Registration; Corrected Data; Disclosure Under Freedom of Information...

Section 324.32706d - Collection of Stream or River Flow Measurements by Persons Other Than Department; Development and Use of Protocol; Training Program.

Section 324.32706e - Cumulative Withdrawals; Determination of Adverse Impact.

Section 324.32707 - Reporting Requirements; Forms; Water Use Reporting Fees.

Section 324.32708 - Water Use Conservation Plan; Formula or Model to Estimate Consumptive Use of Withdrawals for Agricultural Purposes; Inclusion of Information in Statewide Groundwater Inventory and Map; Disclosure.

Section 324.32708a - Generic Water Conservation Measures; Preparation; Posting on Website; Submission of Water Conservation Measures by Water User's Sector; Acceptance by Department; Water Conservation Measures for Agricultural Purposes; Report; Noti...

Section 324.32709 - Informational Materials.

Section 324.32710 - Duties of Department; Electronic Mail Notification of Withdrawals; Formation of Water Resources Assessment and Education Committee.

Section 324.32711, 324.32712 - Repealed. 2006, Act 33, Imd. Eff. Feb. 28, 2006.

Section 324.32713 - Civil Action; Commencement; Civil Fine; Recovery of Surveillance and Enforcement Costs.

Section 324.32714 - Water Use Protection Fund; Creation; Disposition of Assets; Investments; Money Remaining in Fund; Expenditures.

Section 324.32721 - Large Quantity Withdrawal; Prohibition; Exception; Certain Large Quantity Withdrawals Subject to Definition of Adverse Resource Impact Existing on February 28, 2006.

Section 324.32722 - Presumption.

Section 324.32723 - Water Withdrawal Permit; Persons Required to Obtain; Application; Fee; Issuance; Conditions; Revocation; Petition for Contested Case Hearing; Exemptions From Permit Requirements.

Section 324.32724 - 324.32724 Repealed. 2008, Act 181, Imd. Eff. July 9, 2008.

Section 324.32725 - Water Users Committee; Establishment; Purpose; Composition; Notice of Withdrawal; Occurrence of Adverse Resource Impacts; Recommended Solution Proposed by Department; Order by Director; Petition; "Unverified Petition" and "Permit...

Section 324.32726 - Local Ordinance.

Section 324.32727 - Exemptions; Compilation and Sharing of Certain Data.

Section 324.32728 - Construction and Scope of Act; Rules.

Section 324.32729 - Fees Not Authorized; Exception.

Section 324.32730 - Compact; Implementation.