Michigan Compiled Laws
236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979)
Section 600.2941 - Artesian or Flowing Well; Certain Condition Deemed Nuisance; Abatement; Damages; Unreasonable or Unnecessary Waste; Order or Judgment; Reopening.

Sec. 2941.
(1) Any artesian or flowing well, the water of which is unnecessarily allowed to run to waste in an unreasonable manner to the depletion or lowering of the head or reservoir thereof to the detriment or damage of other wells supplied from the same head or reservoir, is a nuisance, and its owner and the owner of the land on which it is situated are subject to all the actions for abatement and damages in favor of the person or persons injured, as provided by law for other nuisances or tortious acts.
(2) Where any well is supplied by a head, reservoir, stratum, or vein or by percolating waters common to other springs or wells, and the owner thereof or his lessee or licensee puts its waters to a use unreasonable or unnecessary, in view of the condition and situation of the land on which it is situated, and through such unreasonable or unnecessary use, lowers or depletes the head, pressure, or supply of water of any spring or well dependent on the same head, vein, or stratum, to the detriment or injury of the owner or any person entitled to the use thereof, the well so unreasonably and unnecessarily used, is a nuisance, and its owner and the owner of the land on which it is situated are subject to all the actions for abatement and damages in favor of the person or persons injured, as provided by law for other nuisances or tortious acts.
(3) Where any order or judgment is rendered under this section, declaring any well a nuisance because of the waste or unreasonable use of its waters and directing the abatement thereof, such order or judgment shall specify in some practicable manner the daily amount or volume of water that may be used or allowed to flow therefrom without violating such order or judgment, and specify such reasonable time as to the court shall seem just within which the provisions thereof shall be carried into effect. Any such order or judgment may be reopened at any time after entry on the question of reasonable use on a proper showing of change of circumstances or other equitable reason therefor.
History: 1961, Act 236, Eff. Jan. 1, 1963

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 600 - Revised Judicature Act of 1961

Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)

236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979)

Section 600.2901 - Actions Abolished; Alienation of Affections, Criminal Conversation, Seduction, and Breach of Contract to Marry.

Section 600.2902 - Actions Abolished; Certain Real Actions.

Section 600.2903 - Judgment in Tort; Renewal; Continuance of Remedies.

Section 600.2904 - Repealed. 1964, Act 170, Eff. July 1, 1965.

Section 600.2905 - Civil Actions by State; Laws Applicable.

Section 600.2906 - Confession of Judgment.

Section 600.2907 - Malicious Prosecution or Action; Civil Liability, Penalty.

Section 600.2907a - Violation of MCL 565.25; Liability to Owner of Encumbered Property; Penalty.

Section 600.2908 - Repealed. 1972, Act 284, Eff. Jan. 1, 1973.

Section 600.2909 - Stockholders; Individual Liability for Corporate Debts; Enforcement; Labor Debts.

Section 600.2910 - Action for Seduction.

Section 600.2911 - Action for Libel or Slander.

Section 600.2912 - Actions for Malpractice; Member of State Licensed Profession.

Section 600.2912a - Action Alleging Malpractice; Burden of Proof.

Section 600.2912b - Action Alleging Medical Malpractice; Notice; Mailing; Notice Period; Statement; Access to Medical Records; Tacking Successive Notice Periods; Response; Failure to Receive Response; Health Professional or Facility Not Intending to...

Section 600.2912c - Action Alleging Medical Malpractice; Filing Affidavit Certifying Noninvolvement; Dismissal of Claim; Reinstatement of Party; Discovery.

Section 600.2912d - Action Alleging Medical Malpractice; Complaint to Be Accompanied by Affidavit of Merit; Filing Extension; Failure to Allow Access to Medical Records.

Section 600.2912e - Action Alleging Medical Malpractice; Filing Answer to Complaint; Filing Affidavit of Meritorious Defense; Failure to Allow Access to Medical Records.

Section 600.2912f - Waiver of Privilege; Permissible Communication; Disclosure Not as Violation of Law.

Section 600.2912g - Arbitration.

Section 600.2912h - Settlement Agreement.

Section 600.2913 - Minor Maliciously or Wilfully Destroying Property or Causing Bodily Harm or Injury to Person; Recovery of Damages From Parents.

Section 600.2914 - Discharge in Bankruptcy; Cancellation of Judgment, Procedure; Notice to Judgment Creditor; Judgments From Other States; “Judgment” Defined; Judgments Under MCL 257.513.

Section 600.2915 - Actions for Taxes Due Other States; Reciprocity.

Section 600.2916 - Lethal Gases for Fumigation; Liability; Damages; Means of Ingress; Locking; Posting; Permission to Enter; Notice; Violation as Felony; Penalty.

Section 600.2917 - Liability of Library, Merchant, Agent, or Independent Contractor for Conduct Involving Person Suspected of Larceny of Goods or Library Materials, or of Violating MCL 750.356c or MCL 750.356d; Definitions.

Section 600.2917a - Detention of Individual Believed by Owner or Lessee of Theatrical Facility to Have Violated MCL 750.465a.

Section 600.2918 - Damages for Forcible Entry and Detainer; Damages for Unlawful Interference With Possessory Interest; Exceptions; Opening of Probate Estate; Forcible Entry or Possession by Occupant; Action for Possession; Claim for Injunctive Relie...

Section 600.2919 - Damage or Waste to Land; Damages; Injunction; Contempt.

Section 600.2919a - Recovery of Damages, Costs, and Attorney's Fees by Person Damaged; Remedy Cumulative.

Section 600.2920 - Unlawful Taking or Detention of Goods or Chattels; Civil Action to Recover Possession and Damages; Conditions; Surrender or Recovery of Books or Papers Pertaining to Office.

Section 600.2921 - Survival of Actions; Death of Injured Person During Pendency of Action.

Section 600.2922 - Death by Wrongful Act, Neglect, or Fault of Another; Liability; Action by Personal Representative; Limitation; Notice; Approval or Rejection of Proposed Settlement; Award and Distribution of Damages; Presentation of Claim for Damag...

Section 600.2922a - Wrongful or Negligent Act Resulting in Miscarriage, Stillbirth, or Physical Injury; Liability; Exceptions; “Physician or Other Licensed Health Professional” Defined.

Section 600.2922b - Use of Deadly Force or Other Than Deadly Force by Individual in Self-Defense; Immunity From Civil Liability.

Section 600.2922c - Individual Sued for Using Deadly Force or Force Other Than Deadly Force; Award of Attorney Fees and Costs; Conditions.

Section 600.2923 - Action on Official or Other Bond; Assignment of Specific Breaches; Pendancy of Suit; Notice by Surety; Damages Paid Equal or Less Than Liability of Surety; Execution; Levy; Judgments in Excess of Liability; Unsatisfied Executions.

Section 600.2924 - Bill of Discovery.

Section 600.2925 - Repealed. 1974, Act 318, Imd. Eff. Dec. 15, 1974.

Section 600.2925a - Right of Contribution Where Judgment Not Recovered; Limitation on Recovery; Effect of Settlement; Defenses; Intervention; Subrogation; Right of Indemnity; Breach of Fiduciary Obligation; Liability of Secretary of State.

Section 600.2925b - Determining Pro Rata Shares of Tortfeasors.

Section 600.2925c - Enforcement of Contribution; Absence of Judgment as Bar to Contribution; Discharge of Other Tort-Feasors; Judgment Binding in Determining Right to Contribution.

Section 600.2925d - Effect of Release, Covenant Not to Sue, or Covenant Not to Enforce Judgment.

Section 600.2926 - Jurisdiction to Appoint Receivers; Termination.

Section 600.2926a - Cemetery Receivers and Conservators; Appointments; Term; Accounting; Compensation and Expenses.

Section 600.2927 - Mortgaged Property; Nonpayment of Taxes or Insurance as Waste; Appointment of Receiver; Conditions.

Section 600.2928 - Land of Infants and Incompetents; Disposition; Discharge of Incumbrance; Effect of Will or Conveyance; Proceeds of Sale; Dower; Court Orders; Infant or Incompetent as Ward of Court; Proceedings; Delivery of Guardianship Property.

Section 600.2929 - Lands Held in Trust; Sale by Fiduciary, Orders of Court.

Section 600.2930 - Life Estate; Sale on Order of Court; Bond; Confirmation; Effect of Conveyance, Will, or Order of Court; Proceedings.

Section 600.2931 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.

Section 600.2932 - Quieting Title; Interest of Plaintiff; Action by Mortgagee; Establishment of Title; Tenancy in Common; Actions.

Section 600.2933 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.

Section 600.2934 - Quieting Title; Lands Owned by Corporation After Expiration of Term; Complaint; Stockholders and Creditors of Corporation as Defendants; Service; Judgment; Damages; Costs; Actions.

Section 600.2935 - Quieting Title; Recording of Judgment.

Section 600.2936 - Probate in Chancery of Foreign Will; Proof by Copy; Legal Representative's Bill of Peace.

Section 600.2937 - Obstructions and Encroachments on Public Highways, Streets and Alleys; Circuit Court; Relief.

Section 600.2938 - Obscene Matter; Injunction; Adjudication; Temporary or Preliminary Injunction; Effect of Injunction; Distribution of Obscene Matter After Summons and Complaint; Delegation of Authority; Criminal Prosecution; Proceedings.

Section 600.2939 - Gaming; Action by Loser; Oath of Parties; Prosecution According to Common Law; Forfeiture; Limitation; Securities; Lands Enuring of Benefit.

Section 600.2940 - Nuisance; Abatement; Circuit Court; Injunction; Private Nuisance; Damages; Warrant to Abate and Remove Nuisance; Expense; Actions.

Section 600.2941 - Artesian or Flowing Well; Certain Condition Deemed Nuisance; Abatement; Damages; Unreasonable or Unnecessary Waste; Order or Judgment; Reopening.

Section 600.2942 - Public Securities Validation; Action to Contest Validity; Counterclaim; Third Party Complaint; Continuances; Amendment; Notice to Appear; Service; Publication of Order to Appear; Parties; Other Actions; Intervention; Final Judgment...

Section 600.2943 - Quieting Title; Relief to Defendant on Rehearing.

Section 600.2944 - Access to Adjoining Property for Repairs or Improvements.

Section 600.2945 - Definitions.

Section 600.2946 - Product Liability Action; Admissible Evidence.

Section 600.2946a - Determination of Damages; Limitation.

Section 600.2947 - Product Liability Action; Liability of Manufacturer or Seller.

Section 600.2948 - Death or Injury; Warnings as Evidence.

Section 600.2949 - Repealed. 1995, Act 249, Eff. Mar. 28, 1996.

Section 600.2949a - Knowledge of Defective Product.

Section 600.2949b - Automated Motor Vehicle; Liability of Manufacturer, Subcomponent System Producer, or Motor Vehicle Mechanic or Motor Vehicle Repair Facility; Applicability of MCL 600.2945 to 600.2949a; Definitions.

Section 600.2950 - Personal Protection Order; Restraining or Enjoining Spouse, Former Spouse, Individual With Child in Common, Individual in Dating Relationship, or Person Residing or Having Resided in Same Household From Certain Conduct; Respondent...

Section 600.2950a - Personal Protection Order Restraining or Enjoining Individual From Engaging in Conduct Prohibited Under MCL 750.411h, 750.411i, or 750.411s; Facts Alleging Stalking; Conduct; Respondent Required to Carry Concealed Weapon; Omitting...

Section 600.2950b - Forms; Liability of Individual Providing Assistance.

Section 600.2950c - Assistance With Personal Protection Order; Domestic Violence Victim Advocate.

Section 600.2950h - Definitions.

Section 600.2950i - Foreign Protection Order; Validity; Affirmative Defenses.

Section 600.2950j - Foreign Protection Order; Subject to Full Faith and Credit and Enforcement; Child Custody or Support Provision.

Section 600.2950k - Foreign Protection Order; Issuance Against Petitioner and Respondent; Conditions; “Spouse or Intimate Partner” Defined.

Section 600.2950l - Foreign Protection Order.

Section 600.2950m - Foreign Protection Order; Violation as Misdemeanor; Penalty.

Section 600.2950n - Order to Transfer Billing and Rights to Wireless Telephone Number to Petitioner; Conditions; Forms.

Section 600.2950o - Order Issued Under MCL 600.2950n; Service; Inability of Wireless Telephone Service Provider to Effectuate Order; Notice; Suspension of Order; Assumption of Financial Responsibility by Petitioner; Application of Requirements for Es...

Section 600.2951 - “Approved Signaling Device” and “Pistol” Defined; Use of Approved Signaling Device; Strict Liability for Damages; Exception.

Section 600.2952 - Failure of Maker to Pay Amount of Dishonored Check, Draft, or Order; Liability; Written Demand for Payment; Delivery and Text; Effect of Payment Before Trial; Jurisdiction of Action.

Section 600.2953 - Retail Fraud; Liability; Civil Damages; Demand for Payment; Text; Noncompliance; Effect of Payment; Jurisdiction; Civil Action Against Parent; Formal Police Report; Violation by Merchant Precluding Recovery.

Section 600.2953a - Motion Picture Recording Violation.

Section 600.2954 - Maintaining Civil Action Against Individual Engaging in Prohibited Conduct; “Victim” Defined.

Section 600.2955 - Scientific or Expert Opinion or Evidence; Admissibility.

Section 600.2955a - Impaired Ability to Function Due to Influence of Intoxicating Liquor or Controlled Substance as Absolute Defense; Definitions.

Section 600.2955b - Plaintiff's Action for Individual's Bodily Injury or Death During Commission of Felony; Dismissal With Prejudice; Stay of Civil Action Until Final Disposition; Period of Limitations; Applicability; Definitions.

Section 600.2956 - Several and Joint Liability.

Section 600.2956a - Certificate of Employability as Evidence of Due Care.

Section 600.2957 - Determination and Allocation of Fault; Action Against Nonparty; Amendment of Pleading; Assessment of Fault Against Nonparty.

Section 600.2958 - Plaintiff's Contributory Fault Not as Bar to Recovery of Damages.

Section 600.2959 - Comparative Fault; Reduced Damages.

Section 600.2960 - Burden of Proof; Cause of Action.

Section 600.2961 - Definitions; Determining When Commission Due; Payment of Commissions; Liability; Attorney Fees and Costs; Jurisdiction; Contract Waiver Void; Applicability of Section.

Section 600.2962 - Malpractice Action Against Certified Public Accountant.

Section 600.2962[1] - Definitions; Unauthorized Receipt of Cable or Satellite Television Service; Action to Enjoin; Damages; Actual Damages Not Required; Separate Causes of Action.

Section 600.2962a - Definitions; Injunction; Damages; Civil Action; Court Actions; Actual Damages or Convictions Not Prerequisite to Action; Additional Penalties or Remedies; Separate Causes of Action.

Section 600.2963 - Commencement of Civil Action or Filing Appeal in Civil Action by Prisoner; Payment of Filing Fees and Costs; Claim of Indigency; Failure to Pay Fees and Costs.

Section 600.2964 - Social Security or Credit Card Number on Check as Condition of Acceptance; Requirement Prohibited; Exceptions; Prima Facie Evidence of Identity; Violation; Penalty; “Sale at Retail” Defined.

Section 600.2965 - Recovery of Damages by Firefighter or Police Officer; Preclusion Abolished.

Section 600.2966 - Injury to Firefighter or Police Officer; Governmental Immunity.

Section 600.2967 - Recovery of Damages by Firefighter or Police Officer; Circumstances as Proof; Construction of Section; Definitions.

Section 600.2968 - Repealed. 2020, Act 367, Imd. Eff. Jan. 4, 2021.

Section 600.2969 - Repealed. 1999, Act 239, Eff. Jan. 1, 2003.

Section 600.2970 - Repealed. 1999, Act 240, Eff. Jan. 1, 2003.

Section 600.2971 - Wrongful Birth or Wrongful Life Claims; Prohibitions; Exceptions.

Section 600.2972 - Allegation of Domestic Violence; Consideration of Motion to Seal Court Records; “Domestic Violence” Defined.

Section 600.2973 - Field Crop Produced for Crop Research or Testing; Intentional Damage or Destruction; Damage Award; Definitions.

Section 600.2974 - Limitation of Civil Liability for Weight Gain or Obesity; Requirements for Cause of Action; Definitions.

Section 600.2975 - Publishing Instructions for Manufacture or Creation of Methamphetamine; Commencement of Action; Court Order; Relief; Exception; Definitions.

Section 600.2975a - Entry of Judgment for Damages; Notice to Department.

Section 600.2976 - Seller or End User Who Stores, Secures, Uses, Transports, or Protects Anhydrous Ammonia; Immunity From Tort Liability; Applicability; Definitions.

Section 600.2977 - Liquefied Petroleum Gas Business; Protection From Liability; Exception; Definitions.

Section 600.2978 - Court Action by Victim of Female Genital Mutilation; Remedies; Definitions.

Section 600.2979 - Action for Trespass, Unjust Enrichment, or Other Action; Michigan Electric Cooperative Easement; Rebuttable Presumption; Liability; Damages; Definitions.