Michigan Laws 324.31304 – Request for surveys; determination of optimum flow; plan for improvement, utilization, and conservation of surplus water; factors; limitations
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(1) Upon receipt of a request, the department shall determine the optimum flow for the rivers and streams that may be substantially affected by the impounding and releasing of surplus water and upon its completion shall require the boards to prepare and submit to the department a plan for the impoundment, best utilization, and conservation of the surplus water in accordance with this part. The department shall cooperate and collaborate with the boards in the preparation of the plan. The plan shall specify the persons who may make use of the water and the terms, conditions, and restrictions under which the water may be used.
(2) In making the determination of optimum flow and in preparing the plan, the department and boards shall consider the following factors:
Terms Used In Michigan Laws 324.31304
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Optimum flow: means that rate and quantity of flow in any stream as determined in accordance with this part. See Michigan Laws 324.31301
- Plan: means a plan adopted by the board or boards and approved by an order of the department for the best development, utilization, and conservation of the surplus water of the state. See Michigan Laws 324.31301
- Surplus water: means water that may be impounded without decreasing the flow of a river or stream below its optimum flow. See Michigan Laws 324.31301
(a) The range of stream flow variation.
(b) The uses that are being made of the water from the stream or that may be made in the foreseeable future by any riparian owner.
(c) The stream’s waste assimilation capacity and its practical utility for domestic use, fish and wildlife habitat, recreation, municipal and industrial water supply, commercial and recreational navigation, including portages, public and private utilities, and water storage purposes.
(d) Other factors that appear to the department to be necessary to adequately protect and preserve the rights of riparians on the streams involved.
(3) A plan shall not permit the impounding of water if the flow is below the optimum flow. This part does not authorize the diversion of water from 1 watershed to another.