House Introduced Bill 5359

HOUSE BILL No. 5359

February 15, 2000, Introduced by Reps. Ehardt, Richardville, Vear, Green, Brater and Rivet and referred to the Committee on
Agriculture and Resource Management.

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 601 and 602 (MCL 280.601 and 280.602) and by

adding sections 585, 586, 587, 588, 589, 590, 591, 592, 593, 594,

595, 596, 597, 598, 599, 600, 603, 604, 605, 606, 607, 615, and

616; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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CHAPTER 22 .

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WATERSHED MANAGEMENT .

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DISTRICTS AND SUBDISTRICTS.

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SEC. 585. AS USED IN THIS CHAPTER, UNLESS THE CONTEXT INDI-

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CATES OTHERWISE:

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(A) "ADVISORY BOARD" MEANS A WATERSHED MANAGEMENT DISTRICT

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ADVISORY BOARD ESTABLISHED UNDER SECTION 592.

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(B) "BENEFIT" OR "BENEFITS" MEANS THE ADVANTAGES RESULTING

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FROM A PLAN OR PROJECT TO PUBLIC CORPORATIONS, THE RESIDENTS OF

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PUBLIC CORPORATIONS, AND PROPERTY WITHIN PUBLIC CORPORATIONS.

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BENEFITS INCLUDE, BUT ARE NOT LIMITED TO, BENEFITS THAT RESULT

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FROM THE MANAGEMENT AND CONTROL OF WATER, SUCH AS ELIMINATION OR

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REDUCTION OF FLOOD DAMAGE, ELIMINATION OR REDUCTION OF WATER

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QUALITY CONDITIONS THAT JEOPARDIZE THE PUBLIC HEALTH, SAFETY, OR

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WELFARE, INCREASE OF THE VALUE OR USE OF LANDS AND PROPERTY ARIS-

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ING FROM IMPROVED WATER QUALITY, INCREASED USEFULNESS OF THE

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WATER FOR AGRICULTURAL OR RECREATIONAL USES, REDUCTION OF FLOOD-

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ING, IMPROVED DRAINAGE, AND REMEDYING A PUBLIC CORPORATION'S CON-

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TRIBUTIONS TO THE CONDITIONS THAT MAKE A PLAN NECESSARY.

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(C) "COMMISSION" MEANS THE WATERSHED MANAGEMENT COMMISSION

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OF A DISTRICT.

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(D) "DISTRICT", UNLESS THE CONTEXT CLEARLY INDICATES OTHER-

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WISE, MEANS A WATERSHED MANAGEMENT DISTRICT.

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(E) "EXECUTIVE COMMITTEE" MEANS THE WATERSHED MANAGEMENT

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DISTRICT EXECUTIVE COMMITTEE ESTABLISHED UNDER SECTION 591.

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(F) "PETITION FILER" MEANS THE PERSON WHO FILED A PETITION

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UNDER SECTION 586 TO INITIATE PROCEDURES TO ESTABLISH A

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DISTRICT.

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(G) "PLAN" MEANS A WATERSHED MANAGEMENT PLAN ADOPTED UNDER

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SECTION 595.

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(H) "PROJECT" MEANS AN ACTIVITY SET FORTH IN THE WATERSHED

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MANAGEMENT PLAN.

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(I) "PUBLIC CORPORATION" MEANS A COUNTY, TOWNSHIP, CITY, OR

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VILLAGE.

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(J) "STUDY" OR "WATERSHED STUDY" MEANS THE PROCESS BY WHICH

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THE OBJECTIVES OF THE PETITION OR OBJECTIVES IDENTIFIED BY THE

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COMMISSION ARE INVESTIGATED AND RESOLVED, SETTING FORTH THE

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WATERSHED MANAGEMENT PLAN.

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(K) "WATERSHED" MEANS A GEOGRAPHIC AREA OF ANY SIZE FROM

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WHICH WATER SEEKS A COMMON OUTLET, INCLUDING, BUT NOT LIMITED TO,

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A CREEKSHED, CATCHMENT AREA, DRAINAGE BASIN, DRAINAGE DISTRICT,

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OR RIVER BASIN.

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SEC. 586. (1) TO INITIATE PROCEDURES TO ESTABLISH A WATER-

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SHED MANAGEMENT DISTRICT AND DEVELOP A WATERSHED MANAGEMENT PLAN,

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A PETITION SHALL BE FILED WITH THE COUNTY BOARD OF COMMISSIONERS

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IN A COUNTY WHERE ALL OR A PORTION OF THE PROPOSED WATERSHED MAN-

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AGEMENT DISTRICT IS TO BE LOCATED AND ESTABLISHED.

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(2) THE PETITION SHALL STATE THAT IT IS FILED UNDER THIS

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CHAPTER, REQUEST THE ESTABLISHMENT OF A DISTRICT, STATE THE PRO-

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POSED NAME OF THE DISTRICT, AND PROVIDE INFORMATION SHOWING THAT

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THE DISTRICT IS WARRANTED TO PROTECT THE PUBLIC HEALTH OR WELFARE

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OR TO PROTECT AND REHABILITATE THE WATERS OF THE DISTRICT. THE

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PETITION SHALL IDENTIFY THE COMMON OUTLET FOR THE PROPOSED

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DISTRICT. THE PETITION SHALL INCLUDE A GENERAL DESCRIPTION OF

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THE LOCATION OF THE PROPOSED DISTRICT WHICH MAY CONSIST OF A MAP

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GENERALLY OUTLINING THE BOUNDARIES OF THE PROPOSED DISTRICT. THE

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PETITION SHALL ALSO REQUEST THE DEVELOPMENT OF A WATERSHED MAN-

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AGEMENT PLAN AND IDENTIFY THE OBJECTIVES TO BE INVESTIGATED. THE

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PETITION MAY SPECIFY PERSONS OR ENTITIES THAT SHOULD BE CONSID-

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ERED FOR MEMBERSHIP ON ANY APPOINTED WATERSHED ADVISORY BOARD.

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(3) A PETITION FOR THE ESTABLISHMENT OF A DISTRICT SHALL BE

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SIGNED BY 1 OF THE FOLLOWING, AS APPLICABLE:

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(A) FOR A DISTRICT LYING WHOLLY WITHIN THE BOUNDARIES OF 1

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COUNTY, BY A RESOLUTION OF THE GOVERNING BODY OF AT LEAST 1

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PUBLIC CORPORATION LYING WHOLLY OR PARTLY WITHIN THAT COUNTY AND

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WHOLLY OR PARTLY WITHIN THE DISTRICT.

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(B) FOR A DISTRICT LYING WHOLLY OR PARTLY WITHIN 2 OR MORE

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COUNTIES, BY RESOLUTIONS OF THE GOVERNING BODIES OF AT LEAST 2

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PUBLIC CORPORATIONS LYING WHOLLY OR PARTLY WITHIN THOSE COUNTIES

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AND WHOLLY OR PARTLY WITHIN THE DISTRICT.

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SEC. 587. THE PETITION FILER SHALL ALSO FILE WITH THE BOARD

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OF COUNTY COMMISSIONERS A CASH DEPOSIT SUFFICIENT TO PAY THE

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COSTS, AS DETERMINED BY THE COUNTY BOARD OF COMMISSIONERS, OF

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NOTICE UPON EACH AFFECTED PUBLIC CORPORATION, PUBLICATION OF

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NOTICE FOR THE FIRST MEETING OF THE COMMISSION, AND PUBLICATION

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OF THE FIRST HEARING. ANY UNUSED FUNDS FROM THE DEPOSIT SHALL BE

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RETURNED TO THE PERSON FILING THE PETITION. IF A DISTRICT IS

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ESTABLISHED, THE BALANCE OF THE DEPOSIT SHALL BE CONSIDERED A

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COST OF THE WATERSHED MANAGEMENT DISTRICT, SHALL BE COLLECTED IN

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THE FIRST ASSESSMENT, AND SHALL BE RETURNED TO THE PETITIONER

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UPON COLLECTION OF THE FIRST ASSESSMENT.

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SEC. 588. (1) WITHIN 42 DAYS FOLLOWING RECEIPT OF THE PETI-

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TION, THE COUNTY BOARD OF COMMISSIONERS SHALL REVIEW THE PETITION

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FOR SUFFICIENCY UNDER SECTION 586. IF THE PETITION IS INSUFFI-

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CIENT UNDER SECTION 586, THE COUNTY BOARD OF COMMISSIONERS SHALL

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RETURN THE PETITION TO THE FILER OF THE PETITION WITH A WRITTEN

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EXPLANATION OF THE REASONS THAT THE PETITION IS INSUFFICIENT.

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(2) IF THE COUNTY BOARD OF COMMISSIONERS FINDS THAT THE

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PETITION IS SUFFICIENT, A WATERSHED MANAGEMENT COMMISSION IS

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ESTABLISHED FOR THE PROPOSED DISTRICT. THE COMMISSION CONSISTS

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OF THE FOLLOWING MEMBERS:

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(A) THE DRAIN COMMISSIONER OF EACH COUNTY WITHIN THE

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DISTRICT.

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(B) THE CHIEF ELECTED OFFICIAL OR AN ELECTED OFFICIAL DESIG-

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NATED BY THE CHIEF ELECTED OFFICIAL OF EACH PUBLIC CORPORATION

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WITH LANDS WITHIN THE DISTRICT.

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(C) THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY

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OR A PERSON DESIGNATED BY THE DIRECTOR AS A NONVOTING MEMBER.

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(D) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES OR A

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PERSON DESIGNATED BY THE DIRECTOR AS A NONVOTING MEMBER.

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(E) UNLESS THE DISTRICT LIES WHOLLY WITHIN THE BOUNDARIES OF

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1 COUNTY, THE DIRECTOR OF AGRICULTURE OR A PERSON DESIGNATED BY

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THE DIRECTOR.

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(3) WITHIN 28 DAYS OF DETERMINING THAT THE PETITION IS SUF-

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FICIENT, THE COUNTY BOARD OF COMMISSIONERS SHALL DO BOTH OF THE

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FOLLOWING:

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(A) MAKE A PRELIMINARY FINDING OF THE PUBLIC CORPORATIONS

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SUBJECT TO ASSESSMENT UNDER THIS CHAPTER.

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(B) BY FIRST-CLASS MAIL PROVIDE NOTICE OF THE FIRST MEETING

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OF THE WATERSHED MANAGEMENT COMMISSION TO ALL OF THE FOLLOWING:

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(i) THE COUNTY CLERK, DRAIN COMMISSIONER, AND CHAIRPERSON OF

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THE COUNTY ROAD COMMISSION OF EACH COUNTY SUBJECT TO ASSESSMENT

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UNDER THIS CHAPTER.

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(ii) THE CHAIRPERSON OF EACH CONSERVATION DISTRICT WITHIN

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THE PROPOSED WATERSHED MANAGEMENT DISTRICT.

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(iii) THE CLERK OF EACH CITY, VILLAGE, AND TOWNSHIP HAVING

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LANDS WITHIN THE PROPOSED DISTRICT.

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(iv) THE DIRECTOR OF AGRICULTURE.

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(v) THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL

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QUALITY.

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(vi) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES.

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(vii) THE DIRECTOR OF TRANSPORTATION.

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(viii) THE CHAIRPERSON OF ANY WATERSHED COUNCIL ESTABLISHED

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UNDER PART 311 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTEC-

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TION ACT, 1994 PA 451, MCL 324.31101 TO 324.31119, WHOSE WATER-

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SHED LIES WHOLLY OR PARTLY WITHIN THE DISTRICT.

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(4) THE NOTICE SHALL INCLUDE A COPY OF THE PETITION AND

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SHALL REQUEST EACH NOTIFIED PUBLIC CORPORATION TO DESIGNATE A

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REPRESENTATIVE TO THE COMMISSION AND STATE THE TIME AND PLACE OF

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THE FIRST MEETING WHICH SHALL BE NOT LESS THAN 42 AND NOT MORE

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THAN 63 DAYS FOLLOWING THE MAILING OF THE NOTICE. FAILURE OF THE

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GOVERNING BODY OF A PUBLIC CORPORATION TO DESIGNATE A REPRESENTA-

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TIVE TO THE COMMISSION DOES NOT PREVENT THE INCLUSION OF THE

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PUBLIC CORPORATION IN THE DISTRICT OR EXEMPT IT FROM ASSESSMENT

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OR OTHER OBLIGATIONS UNDER THIS CHAPTER.

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(5) THE COUNTY BOARD OF COMMISSIONERS WITH WHOM THE PETITION

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WAS FILED SHALL ALSO PUBLISH A NOTICE OF THE FIRST MEETING OF THE

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COMMISSION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PROPOSED

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DISTRICT.

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(6) EACH COUNTY BOARD OF COMMISSIONERS WHOSE COUNTY LIES

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WHOLLY OR PARTLY WITHIN THE BOUNDARIES OF THE DISTRICT SHALL BY

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FIRST-CLASS MAIL DELIVER A COPY OF THE NOTICE UNDER SUBSECTION

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(4) TO ANY INTERESTED PARTY THAT HAS MADE A WRITTEN REQUEST TO BE

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NOTIFIED REGARDING WATERSHED MANAGEMENT DISTRICT PETITIONS.

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SEC. 589. (1) AT THE FIRST MEETING OF THE COMMISSION, THE

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COMMISSION SHALL ELECT A CHAIRPERSON, VICE-CHAIRPERSON, AND SEC-

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RETARY FROM AMONG ITS MEMBERS. THE CHAIRPERSON OF THE COMMISSION

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MAY VOTE ONLY IF NECESSARY TO CAST THE DECIDING VOTE IN CASE OF A

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TIE.

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(2) AT ITS FIRST MEETING, THE COMMISSION SHALL ESTABLISH THE

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VOTING AUTHORITY OF ITS VOTING MEMBERS. THE VOTING AUTHORITY OF

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MEMBERS DESCRIBED IN SECTION 588(2)(B) SHALL BE WEIGHTED. THE

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WEIGHTING SHALL BE BASED UPON A COMBINATION OF THE PERCENTAGE OF

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TOTAL POPULATION OF THE PROPOSED DISTRICT THAT RESIDES IN THE

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PUBLIC CORPORATION REPRESENTED BY EACH MEMBER AND THE PERCENTAGE

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OF THE TOTAL ACREAGE IN THE PROPOSED DISTRICT THAT LIES IN THE

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PUBLIC CORPORATION REPRESENTED BY EACH MEMBER. THE COMMISSION

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SHALL ADJUST THE VOTING AUTHORITY, IF NECESSARY, UPON THE

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COMMISSION'S FINAL DETERMINATION OF THE DISTRICT BOUNDARY.

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(3) THE COMMISSION SHALL DESIGNATE THE DRAIN COMMISSIONER OF

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1 OF THE COUNTIES IN THE DISTRICT TO SERVE AS TREASURER OF THE

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DISTRICT. MONEY HELD BY THE DISTRICT'S TREASURER SHALL ONLY BE

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PAID OUT UPON THE ORDER OF THE COMMISSION EXCEPT FOR THE PAYMENT

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OF PRINCIPAL AND INTEREST ON NOTES OR BONDS. THE COMMISSION

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SHALL CAUSE THE ACCOUNTS OF THE DISTRICT'S TREASURER TO BE

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AUDITED ANNUALLY BY A CERTIFIED PUBLIC ACCOUNTANT. THE EXPENSE

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OF THE AUDIT SHALL BE PAID BY THE DISTRICT. THE DISTRICT'S

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TREASURER SHALL INVEST THE FUNDS AS DIRECTED BY THE COMMISSION.

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UNLESS THE COMMISSION DIRECTS OTHERWISE, THE FUNDS SHALL BE

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INVESTED IN INTEREST BEARING ACCOUNTS IN THE NAME OF THE

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DISTRICT.

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(4) THE COMMISSION SHALL ADOPT RULES OF DISTRICT PROCEDURES

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OR BYLAWS NOT INCONSISTENT WITH THIS CHAPTER.

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(5) THE BUSINESS THAT THE COMMISSION, THE EXECUTIVE COMMIT-

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TEE, IF ANY, OR THE ADVISORY BOARD MAY PERFORM SHALL BE CONDUCTED

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AT A PUBLIC MEETING OF THE COMMISSION, THE EXECUTIVE COMMITTEE,

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OR THE ADVISORY BOARD HELD IN COMPLIANCE WITH THE OPEN MEETINGS

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ACT, 1976 PA 267, MCL 15.261 TO 15.275.

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(6) A MEETING OF THE COMMISSION SHALL BE CALLED BY THE

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CHAIRPERSON OR 2 OR MORE MEMBERS OF THE COMMISSION BY SENDING

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NOTICE OF THE MEETING BY FIRST-CLASS MAIL TO EACH MEMBER NOT LESS

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THAN 20 DAYS BEFORE THE DATE OF THE MEETING. A MAJORITY OF THE

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MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSI-

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NESS, BUT A LESSER NUMBER MAY ADJOURN FROM TIME TO TIME. UNLESS

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OTHERWISE PROVIDED IN THIS ACT, AN ACTION SHALL NOT BE TAKEN

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EXCEPT BY A MAJORITY VOTE OF THE MEMBERS PRESENT AND VOTING.

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(7) THE COMMISSION SHALL MEET AT LEAST ONCE ANNUALLY BEFORE

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APRIL 1. THE FIRST MEETING OF THE COMMISSION EACH YEAR SHALL BE

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CONSIDERED ITS ANNUAL MEETING. AT ITS ANNUAL MEETING, THE COM-

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MISSION SHALL DO ALL OF THE FOLLOWING:

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(A) APPOINT MEMBERS OF THE WATERSHED ADVISORY BOARD AND

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EXECUTIVE COMMITTEE AND SUCH OTHER COMMITTEES AS IT CONSIDERS

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APPROPRIATE.

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(B) APPROVE ASSESSMENTS FOR DISTRICT OPERATION AND WATERSHED

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MANAGEMENT PLAN IMPLEMENTATION.

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(C) APPROVE AN ANNUAL WORK PLAN AND ANNUAL BUDGET FOR THE

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DISTRICT FOR THE ENSUING YEAR, AND CONDUCT OTHER BUSINESS.

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(D) ISSUE AN ANNUAL REPORT STATING PROGRESS TOWARD THE

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PETITION.

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(E) CONDUCT OTHER BUSINESS.

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(8) A COPY OF THE ANNUAL REPORT AND BUDGET SHALL BE PRE-

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PARED, PUBLISHED, AND PROVIDED TO ALL PUBLIC CORPORATIONS IN THE

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DISTRICT, THE DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF ENVI-

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RONMENTAL QUALITY, AND THE DEPARTMENT OF NATURAL RESOURCES.

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(9) ORDERS ISSUED BY THE COMMISSION SHALL BE SIGNED BY THE

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CHAIRPERSON AND THE SECRETARY.

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(10) THE SECRETARY SHALL PREPARE AND SIGN 3 DUPLICATE ORIGI-

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NALS OF THE MINUTES OF THE PROCEEDINGS OF THE BODY. THE SECRE-

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TARY SHALL RETAIN 1 DUPLICATE ORIGINAL, FILE 1 DUPLICATE ORIGINAL

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WITH THE CHAIRPERSON, AND FILE 1 DUPLICATE ORIGINAL WITH THE

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DIRECTOR OF THE DEPARTMENT OF AGRICULTURE. THE ORIGINALS OF ALL

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PROCEEDINGS AND RECORDS SHALL BE KEPT ON FILE WITH THE

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SECRETARY.

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(11) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF,

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OR RETAINED BY THE COMMISSION IN THE PERFORMANCE OF AN OFFICIAL

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FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA

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442, MCL 15.231 TO 15.246.

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SEC. 590. (1) AT THE FIRST MEETING, THE COMMISSION SHALL

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TENTATIVELY DETERMINE THE PRACTICALITY OF THE PETITION AND

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WHETHER A DISTRICT IS WARRANTED TO PROTECT THE PUBLIC HEALTH OR

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WELFARE OR TO PROTECT AND REHABILITATE THE WATERS OF THE

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DISTRICT. IF THE COMMISSION DETERMINES THAT THE PETITION IS NOT

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PRACTICAL, THE COMMISSION MAY RETURN THE PETITION TO THE PETITION

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FILER FOR SUPPLEMENTATION AND REFINEMENT. IF SUCH REFINEMENT

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RESULTS IN THE INCLUSION OF ADDITIONAL PUBLIC CORPORATIONS WHICH

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ARE ENTITLED TO DESIGNATE A MEMBER OF THE COMMISSION, THE COMMIS-

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SION SHALL NOTIFY THE CLERK OF THE PUBLIC CORPORATION OF THE TIME

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AND PLACE TO RECONVENE THE COMMISSION. IF THE COMMISSION AT ANY

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TIME DETERMINES THAT THE DISTRICT IS NOT WARRANTED TO PROTECT THE

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PUBLIC HEALTH OR WELFARE OR TO PROTECT AND REHABILITATE THE

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WATERS OF THE DISTRICT, IT SHALL ORDER THE PETITION DISMISSED AND

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PROCEEDINGS UNDER THE PETITION SHALL BE TERMINATED. IF A PETI-

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TION IS SO DISMISSED, A PETITION THAT IS THE SAME OR SUBSTAN-

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TIALLY THE SAME SHALL NOT BE FILED UNDER THIS CHAPTER FOR 1 YEAR

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AFTER THE DATE OF DISMISSAL.

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(2) IF THE COMMISSION TENTATIVELY FINDS THAT THE PETITION IS

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PRACTICAL AND THAT THE WATERSHED MANAGEMENT DISTRICT IS WARRANTED

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TO PROTECT THE PUBLIC HEALTH OR WELFARE OR TO PROTECT AND REHA-

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BILITATE THE WATERS OF THE DISTRICT, IT SHALL PROMPTLY SELECT A

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NAME FOR THE DISTRICT AND MAKE A TENTATIVE DETERMINATION OF THE

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PUBLIC CORPORATIONS TO BE ASSESSED FOR THE COST, AND FIX A TIME,

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DATE, AND PLACE TO HEAR OBJECTIONS TO THE ESTABLISHMENT OF THE

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DISTRICT AND PUBLIC CORPORATIONS SUBJECT TO ASSESSMENT. THE

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HEARING SHALL TAKE PLACE WITHIN 42 DAYS OF THE TENTATIVE DETERMI-

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NATION OF THE PUBLIC CORPORATIONS TO BE ASSESSED. NOTICE OF THE

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HEARING SHALL BE PUBLISHED TWICE IN A NEWSPAPER OF GENERAL

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CIRCULATION IN THE DISTRICT. THE PUBLICATION SHALL NOT BE LESS

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THAN 21 DAYS BEFORE THE DATE OF THE HEARING. THE NOTICE SHALL

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ALSO BE SENT BY FIRST-CLASS MAIL TO THE CLERK OF EACH PUBLIC COR-

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PORATION PROPOSED TO BE ASSESSED NOT LESS THAN 21 DAYS BEFORE THE

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DATE OF THE HEARING. THE NOTICE SHALL BE SIGNED BY THE CHAIR-

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PERSON AND PROOF OF THE PUBLICATION AND MAILING OF THE NOTICE

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SHALL BE FILED IN HIS OR HER OFFICE. THE PROOF SHALL BE CONSID-

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ERED CONCLUSIVE EVIDENCE OF THE PUBLICATION AND MAILING. THE

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COMMISSION MAY PROVIDE A FORM TO BE SUBSTANTIALLY FOLLOWED IN

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GIVING OF NOTICE.

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(3) AFTER THE HEARING, THE COMMISSION SHALL DETERMINE

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WHETHER THE PETITION IS PRACTICAL AND THE DISTRICT IS WARRANTED

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TO PROTECT THE PUBLIC HEALTH OR WELFARE OR TO PROTECT AND REHA-

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BILITATE THE WATERS OF THE DISTRICT AND, IF SO, THE PUBLIC CORPO-

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RATIONS TO BE ASSESSED. THE COMMISSION SHALL ISSUE ITS ORDER

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ACCORDINGLY. THE ORDER SHALL SET FORTH THE VOTING AUTHORITY OF

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THE VOTING MEMBERS OF THE COMMISSION. THE ORDER SHALL BE KNOWN

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AS THE ORDER DESIGNATING THE WATERSHED MANAGEMENT DISTRICT. A

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PUBLIC CORPORATION SHALL NOT BE ELIMINATED FROM OR ADDED TO THOSE

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TENTATIVELY DETERMINED TO BE ASSESSED WITHOUT A REHEARING AFTER

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NOTICE.

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(4) THE COMMISSION SHALL PUBLISH NOTICE OF THE ORDER DESIG-

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NATING THE DISTRICT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE

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DISTRICT. THE NOTICE SHALL GIVE A GENERAL DESCRIPTION OF THE

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COMMON OUTLET AND THE LOCATION OF THE DISTRICT AS SHOWN BY THE

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ORDER. IN ADDITION, THE COMMISSION SHALL SERVE A COPY OF THE

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ORDER BY FIRST-CLASS MAIL ON THE CLERKS OF EACH PUBLIC

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CORPORATION WITHIN THE DISTRICT, THE DIRECTOR OF AGRICULTURE, THE

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DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE DIRECTOR

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OF THE DEPARTMENT OF NATURAL RESOURCES, AND THE SECRETARY OF EACH

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SOIL CONSERVATION DISTRICT WITHIN THE PROPOSED DISTRICT.

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(5) NOT MORE THAN 28 DAYS AFTER PUBLICATION OF NOTICE OF THE

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ORDER DESIGNATING THE DISTRICT, A PUBLIC CORPORATION AGGRIEVED BY

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THE ORDER DESIGNATING THE DISTRICT MAY FILE AN APPEAL IN THE CIR-

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CUIT COURT FOR THE COUNTY WHERE THAT PUBLIC CORPORATION IS

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LOCATED.

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SEC. 591. (1) THE COMMISSION SHALL FUNCTION AS THE GOVERN-

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ING BODY OF THE DISTRICT. ACTIONS TAKEN BY THE COMMISSION SHALL

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BE TAKEN IN THE NAME OF THE DISTRICT.

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(2) AFTER THE COMMISSION ISSUES ITS ORDER DESIGNATING THE

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DISTRICT, IT MAY APPOINT A WATERSHED MANAGEMENT DISTRICT EXECU-

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TIVE COMMITTEE. ONLY MEMBERS OF THE COMMISSION ARE ELIGIBLE TO

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BE MEMBERS OF THE EXECUTIVE COMMITTEE. THE MEMBERS OF THE EXECU-

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TIVE COMMITTEE SHALL BE ELECTED BY A VOTE OF THE MAJORITY OF THE

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MEMBERS OF THE COMMISSION. HOWEVER, THE DRAIN COMMISSIONER SERV-

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ING ON THE COMMISSION SHALL BE A MEMBER OF THE EXECUTIVE

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COMMITTEE.

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(3) THE EXECUTIVE COMMITTEE SHALL PERFORM ADMINISTRATIVE AND

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MINISTERIAL DUTIES AS DIRECTED BY THE COMMISSION AND OUTLINED IN

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ITS BYLAWS. THE EXECUTIVE COMMITTEE'S DUTIES MAY INCLUDE CONDUCT

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OF MEETINGS AND PUBLIC HEARINGS FOR PURPOSES OF RECOMMENDING A

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WATERSHED MANAGEMENT PLAN AND RECOMMENDING IMPLEMENTATION OF THE

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PLAN. THE EXECUTIVE COMMITTEE MAY PREPARE AND MAKE RECOMMENDA-

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TIONS AS TO THE APPORTIONMENT OF COSTS AND THE REVIEW OF

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EXPENDITURES. HOWEVER, THE ADOPTION OF THE FINAL PLAN,

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IMPLEMENTATION OF THE PLAN, FINAL APPORTIONMENT OF COSTS,

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ADOPTION OF AN ANNUAL BUDGET, AND AUTHORIZATION OF ASSESSMENTS

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SHALL BE APPROVED BY THE MAJORITY OF THE COMMISSION.

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SEC. 592. (1) AFTER THE ISSUANCE OF THE ORDER DESIGNATING

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THE DISTRICT, THE COMMISSION SHALL DEVELOP THE TENTATIVE SCOPE OF

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THE WATERSHED STUDY WHICH SHALL GUIDE THE DEVELOPMENT OF THE

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WATERSHED MANAGEMENT PLAN.

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(2) THE COMMISSION SHALL APPOINT A WATERSHED MANAGEMENT DIS-

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TRICT ADVISORY BOARD. THE COMMISSION SHALL INVITE THE DEPARTMENT

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OF NATURAL RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL QUALITY,

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THE STATE TRANSPORTATION DEPARTMENT, AND ANY WATERSHED COUNCIL

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ESTABLISHED UNDER PART 311 OF THE NATURAL RESOURCES AND ENVIRON-

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MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.31101 TO 324.31119,

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CONSERVATION DISTRICT, OR BOARD OF COUNTY ROAD COMMISSIONERS

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WHOSE WATERSHED, CONSERVATION DISTRICT, OR COUNTY LIES WHOLLY OR

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PARTLY WITHIN THE WATERSHED MANAGEMENT DISTRICT TO APPOINT A REP-

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RESENTATIVE TO THE ADVISORY BOARD. THE COMMISSION MAY CONSIDER

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AS MEMBERS OF THE ADVISORY BOARD THOSE PERSONS OR ENTITIES WHICH

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WERE SPECIFIED AS PART OF THE PETITION, AND ANY OTHER PERSON OR

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ENTITY WITH AN INTEREST IN THE DISTRICT, INCLUDING, BUT NOT

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LIMITED TO, FEDERAL, STATE, COUNTY, AND MUNICIPAL AGENCIES,

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REGIONAL PLANNING AGENCIES, PROPERTY OWNERS, AND INTEREST

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GROUPS. IT IS INTENDED THAT THE ADVISORY BOARD INCLUDE MEMBERS

24
WHO WILL REPRESENT A BALANCE OF THE INTERESTS EXISTING IN THE

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DISTRICT.

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(3) AT ITS FIRST MEETING, THE ADVISORY BOARD SHALL ELECT A

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CHAIRPERSON AND SECRETARY. MINUTES SHALL BE KEPT AT ALL

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MEETINGS, AND RECORDS OF ALL PROCEEDINGS AND RECOMMENDATIONS OF

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THE ADVISORY BOARD SHALL BE FILED IN THE OFFICE OF THE CHAIR-

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PERSON OF THE COMMISSION.

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(4) THE COMMISSION SHALL APPOINT AT LEAST 1 MEMBER OF THE

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COMMISSION TO THE ADVISORY BOARD. ONCE THE ADVISORY BOARD HAS

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BEEN ESTABLISHED, THE COMMISSION SHALL PERIODICALLY REVIEW THE

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MEMBERSHIP BASED UPON DEMOGRAPHIC INFORMATION CONCERNING THE DIS-

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TRICT AND REVISE THE MEMBERSHIP AS NECESSARY TO ENSURE A BALANCE

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OF ALL INTERESTS IN THE DISTRICT.

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(5) THE ADVISORY BOARD, IN CONJUNCTION WITH THE COMMISSION

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OR ITS EXECUTIVE COMMITTEE, OR BOTH, SHALL FURTHER DEFINE THE

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SCOPE OF THE WATERSHED STUDY. THE WATERSHED STUDY OR THE PLAN

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MAY INCLUDE 1 OR MORE OF THE FOLLOWING:

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(A) PREPARATION OF PLANS.

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(B) PROBLEM ASSESSMENT.

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(C) SPECIAL STUDIES.

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(D) WATER QUALITY, WATER QUANTITY MONITORING, OR BIOLOGICAL

18
MONITORING.

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(E) MODELING.

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(F) DATA GATHERING.

21
(G) EDUCATION AND EDUCATION PROGRAMS.

22
(H) PURCHASE OF LANDS, ACQUISITION OF CONSERVATION OR OTHER

23
EASEMENTS OR RIGHTS-OF-WAY, OR PURCHASE OF DEVELOPMENT RIGHTS.

24
(I) DEVELOPMENT OF ORDINANCES AND REGULATORY PROGRAMS RECOM-

25
MENDED FOR CONSIDERATION BY PUBLIC CORPORATIONS.

26
(J) MAPPING.

05461'99
15

1
(K) PUBLICATIONS.

2
(l) TESTING.

3
(M) HYDROLOGICAL ENGINEERING, ANALYSIS, AND MODELING.

4
(N) DEVELOPMENT AND DRAFTING OF RECOMMENDED MANAGEMENT

5
PRACTICES.

6
(O) ANY OTHER COMPONENT CONSIDERED APPROPRIATE BY THE COM-

7
MISSION TO ACCOMPLISH THE PURPOSE OF THIS CHAPTER, OTHER THAN

8
CONSTRUCTION ACTIVITIES WHICH CONSTITUTE MAINTENANCE, IMPROVE-

9
MENT, OR CONSTRUCTION OF A DRAIN OR CONSTRUCTION ACTIVITIES

10
WITHIN BOUNDARIES OF THE WATERCOURSE.

11
(6) THE ADVISORY BOARD SHALL CONDUCT PUBLIC MEETINGS TO

12
GATHER INPUT ON THE SCOPE OF THE WATERSHED STUDY. THE ADVISORY

13
BOARD SHALL PREPARE ITS RECOMMENDATION FOR THE SCOPE OF THE

14
WATERSHED STUDY. THE RECOMMENDATION SHALL BE FORWARDED TO THE

15
COMMISSION.

16
(7) UPON RECEIPT OF THE ADVISORY BOARD'S RECOMMENDATION, THE

17
COMMISSION SHALL CONVENE TO DECIDE WHETHER OR NOT TO TENTATIVELY

18
ADOPT THE SCOPE OF THE WATERSHED STUDY. THE COMMISSION SHALL SET

19
A TIME, DATE, AND PLACE TO HEAR ANY OBJECTIONS TO THE PROPOSED

20
SCOPE OF THE WATERSHED STUDY.

21
SEC. 593. (1) AFTER CONVENING A MEETING OF THE COMMISSION

22
TO HEAR ANY OBJECTIONS TO THE PROPOSED SCOPE OF THE WATERSHED

23
STUDY AND GIVING THE OBJECTIONS DUE CONSIDERATION, THE COMMISSION

24
SHALL CONVENE TO FINALIZE THE SCOPE OF THE WATERSHED STUDY, ADOPT

25
THE SCOPE OF THE WATERSHED STUDY, AND TENTATIVELY APPORTION BENE-

26
FITS IN A FIRST ORDER OF DETERMINATION.

05461'99
16

1
(2) INTERESTED PARTIES MAY APPEAL THE SCOPE OF THE PLAN OR

2
THE APPORTIONMENT OF BENEFITS TO THE CIRCUIT COURT IN THE COUNTY

3
WHERE THEY RESIDE WITHIN 21 DAYS OF THE ISSUANCE OF THE FIRST

4
ORDER.

5
(3) THE COMMISSION SHALL NOT PROCEED WITH THE PREPARATION OF

6
THE WATERSHED STUDY WHILE ANY APPEALS ARE PENDING.

7
SEC. 594. (1) AFTER ANY APPEALS HAVE BEEN RESOLVED, THE

8
COMMISSION SHALL AUTHORIZE THE ADVISORY BOARD TO PREPARE THE

9
SCOPE OF THE WATERSHED STUDY. THE COMMISSION SHALL ESTABLISH

10
OPERATING PROCEDURES FOR THE ADVISORY BOARD TO COMPLETE THE

11
WATERSHED STUDY AND DEVELOP THE DRAFT PLAN.

12
(2) AFTER THE FIRST ORDER OF DETERMINATION HAS BEEN ENTERED,

13
THE COMMISSION MAY CONTRACT WITH PERSONS TO ASSIST IN THE COMPLE-

14
TION OF THE WATERSHED STUDY AND ASSIST THE ADVISORY BOARD IN THE

15
PREPARATION OF THE DRAFT PLAN. THE COMMISSION MAY HIRE EMPLOYEES

16
AND DETERMINE THEIR COMPENSATION. AN EMPLOYEE SHALL NOT BE A

17
MEMBER OF THE COMMISSION OR ANY ADVISORY BOARD.

18
(3) THE ADVISORY BOARD SHALL OBTAIN PUBLIC INPUT ON THE

19
DRAFT PLAN THROUGH A PUBLIC PARTICIPATION PROCESS THAT MAY

20
INCLUDE PUBLIC INFORMATION MEETINGS, NEWS RELEASES, AND OTHER

21
ACTIVITIES. AS A MINIMUM, THE ADVISORY BOARD SHALL CONVENE AT

22
LEAST 1 PUBLIC HEARING TO SOLICIT COMMENTS ON THE DRAFT PLAN.

23
THE ADVISORY BOARD SHALL GIVE DUE CONSIDERATION TO ANY RECOMMEN-

24
DATION SUBMITTED BY LANDOWNERS, PUBLIC CORPORATIONS, AND OTHER

25
INTERESTED PARTIES.

26
(4) PROMPTLY AFTER COMPLETION OF THE SCOPE OF THE WATERSHED

27
STUDY AND PREPARATION OF A DRAFT WATERSHED MANAGEMENT PLAN, THE

05461'99
17

1
ADVISORY BOARD SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE

2
COMMISSION.

3
SEC. 595. (1) AFTER RECEIPT OF THE WRITTEN REPORT AND REC-

4
OMMENDATIONS FROM THE ADVISORY BOARD, THE CHAIRPERSON OF THE COM-

5
MISSION SHALL FORWARD THE REPORT AND RECOMMENDATIONS TO THE MEM-

6
BERS OF THE COMMISSION AND SET THE TIME, DATE, AND PLACE FOR A

7
MEETING TO DECIDE WHETHER OR NOT TO TENTATIVELY ADOPT THE DRAFT

8
PLAN. IF THE COMMISSION TENTATIVELY ADOPTS THE DRAFT PLAN, THE

9
CHAIRPERSON OF THE COMMISSION SHALL GIVE NOTICE OF THE TIME,

10
DATE, AND PLACE OF A PUBLIC HEARING TO HEAR OBJECTIONS TO THE

11
DRAFT PLAN AND THE PROPOSED APPORTIONMENT OF COSTS OF IMPLEMENTA-

12
TION OF THE DRAFT PLAN TO THE DESIGNATED PUBLIC CORPORATIONS.

13
NOTICE OF THE HEARING SHALL BE PUBLISHED TWICE IN A NEWSPAPER OF

14
GENERAL CIRCULATION IN THE DISTRICT. THE FIRST PUBLICATION SHALL

15
BE NOT LESS THAN 21 DAYS BEFORE THE DATE OF THE HEARING. NOTICE

16
SHALL ALSO BE SENT BY FIRST-CLASS MAIL TO THE CLERK OF EACH

17
PUBLIC CORPORATION PROPOSED TO BE ASSESSED NOT LESS THAN 21 DAYS

18
BEFORE THE DATE OF THE HEARING. THE CHAIRPERSON OF THE COMMIS-

19
SION SHALL SIGN AND FILE IN HIS OR HER OFFICE AN AFFIDAVIT OF THE

20
PUBLISHED AND MAILED NOTICE. THE AFFIDAVIT IS CONCLUSIVE PROOF

21
OF THE PUBLICATION OR MAILING OF THE NOTICE.

22
(2) AT THE HEARING, THE COMMISSION SHALL RECEIVE TESTIMONY

23
AND EVIDENCE AS TO THE PRACTICALITY OF THE DRAFT PLAN. IF THE

24
COMMISSION FEELS THAT ADDITIONAL INFORMATION IS NEEDED BEFORE A

25
DRAFT PLAN CAN BE ADOPTED, IT MAY ADJOURN AS IT DEEMS NECESSARY,

26
BUT AN ADJOURNMENT SHALL NOT BE FOR LONGER THAN 63 DAYS. AFTER

27
THE HEARING, THE COMMISSION BY A MAJORITY VOTE SHALL MAKE A

05461'99
18

1
DETERMINATION OF THE PRACTICALITY OF THE DRAFT PLAN, SHALL

2
ESTABLISH THE FINAL APPORTIONMENTS TO THE PUBLIC CORPORATIONS TO

3
BE ASSESSED, AND SHALL ENTER ORDERS THEREOF, WHICH ORDERS SHALL

4
BE KNOWN AS THE FINAL ORDER OF DETERMINATION AND FINAL ORDER OF

5
APPORTIONMENT, RESPECTIVELY. THE ORDERS SHALL BE FILED IN THE

6
OFFICE OF THE SECRETARY OF THE COMMISSION.

7
(3) APPORTIONMENTS OF BENEFITS UNDER THIS CHAPTER SHALL BE

8
BASED UPON BENEFITS TO THE PUBLIC CORPORATIONS TO BE ASSESSED,

9
THE EXTENT TO WHICH THE PUBLIC CORPORATION CONTRIBUTES TO THE

10
CONDITIONS THAT MAKE A PLAN NECESSARY AND DERIVES SPECIAL BENEFIT

11
DIRECTLY RELATED TO ACTIONS PROPOSED BY THE PLAN, AND WHETHER A

12
PUBLIC CORPORATION OR OWNERS OF LAND IN THE PUBLIC CORPORATION

13
SPECIFICALLY REQUESTED A PROVISION OF THE PLAN.

14
SEC. 596. IF THE PLAN AS SET FORTH IN THE FINAL ORDER OF

15
DETERMINATION PROPOSES THE ESTABLISHMENT, CONSTRUCTION, MAINTE-

16
NANCE, OR IMPROVEMENT OF A COUNTY OR INTERCOUNTY DRAIN, THE

17
ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT SHALL BE

18
IMPLEMENTED PURSUANT TO THE APPROPRIATE PROVISIONS OF THIS ACT

19
AND BE SUBJECT TO THE JURISDICTION OF THE RESPECTIVE DRAIN COM-

20
MISSIONER OR DRAINAGE BOARD. THE COMMISSION MAY PETITION FOR

21
WORK OUTLINED IN THE PLAN, BUT ONLY PURSUANT TO CHAPTERS 20 AND

22
21.

23
SEC. 597. THE COMMISSION SHALL AT LEAST EVERY 5 YEARS

24
REVIEW AND REEVALUATE THE PLAN AND ITS IMPLEMENTATION. IN DOING,

25
THE COMMISSION SHALL SEEK THE INPUT AND RECOMMENDATIONS OF THE

26
ADVISORY BOARD. THE COMMISSION MAY RECEIVE A PETITION TO

27
SUPPLEMENT, AMEND, OR EXPAND THE PLAN. IF SUCH A PETITION IS

05461'99
19

1
RECEIVED, THE COMMISSION SHALL PROCEED CONSISTENT WITH THIS

2
CHAPTER FROM THE POINT IN THE PROCEEDINGS IMMEDIATELY FOLLOWING

3
THE ORDER DESIGNATING THE DISTRICT.

4
SEC. 598. PUBLIC CORPORATIONS MAY ADVANCE FUNDS FOR THE

5
PAYMENT OF ANY PART OF THE COSTS INCURRED BY A DISTRICT AND SHALL

6
BE REPAID BY THE DISTRICT WHEN FUNDS ARE AVAILABLE. BEFORE THE

7
ISSUANCE OF BONDS, THE COMMISSION MAY ASSESS PRELIMINARY COSTS IN

8
AN EQUITABLE MANNER AGAINST PUBLIC CORPORATIONS IN THE DISTRICT

9
AND COLLECT THE ASSESSED COSTS. THE COSTS OF ALL OF THE FOLLOW-

10
ING ARE SUBJECT TO ASSESSMENT:

11
(A) ESTABLISHING THE DISTRICT.

12
(B) DEVELOPMENT OF THE SCOPE OF THE WATERSHED STUDY.

13
(C) ADMINISTRATIVE STAFF, OFFICE, AND OTHER EXPENSES OF THE

14
COMMISSION AND ADVISORY BOARD.

15
(D) IMPLEMENTATION OF THE PLAN.

16
(E) ACQUIRING INTEREST IN LANDS.

17
(F) ENGINEERING, LEGAL, CONSULTANT, AND OTHER PROFESSIONAL

18
FEES.

19
(G) SERVICE AND PUBLICATION OF ALL NOTICES.

20
(H) INTEREST ON ALL BONDS OR NOTES FOR THE FIRST YEAR THEY

21
ARE TO BE ISSUED AND ALL PAYMENTS AND INTEREST ON BONDS OR NOTES

22
ISSUED BEFORE THE ASSESSMENT.

23
(I) OTHER ITEMS IDENTIFIED AND ALLOCATED IN THE ANNUAL

24
BUDGET.

25
(J) POSSIBLE CONTINGENT EXPENSES, IN AN AMOUNT NOT EXCEEDING

26
10% OF THE OTHER COSTS WHICH ARE TO BE ASSESSED AGAINST PUBLIC

27
CORPORATIONS.

05461'99
20

1
SEC. 599. (1) ANY ACTION ARISING FROM THIS CHAPTER MAY BE

2
BROUGHT IN THE CIRCUIT COURT OF ANY COUNTY IN WHICH ANY PART OF

3
THE DISTRICT INVOLVED IS LOCATED.

4
(2) NEITHER THE FINAL ORDER OF DETERMINATION NOR THE FINAL

5
ORDER OF APPORTIONMENT IS SUBJECT TO ATTACK IN ANY COURT EXCEPT

6
BY SUPERINTENDING CONTROL PROCEEDINGS BROUGHT WITHIN 28 DAYS

7
AFTER THE FILING OF THE ORDER IN THE OFFICE OF THE SECRETARY OF

8
THE COMMISSION. UNLESS SUCCESSFULLY CHALLENGED IN PROCEEDINGS

9
BROUGHT WITHIN THIS TIME, THE DISTRICT IS LEGALLY ESTABLISHED AND

10
THE LEGALITY OF THE PLAN AND THE ASSESSMENTS SHALL NOT BE QUES-

11
TIONED IN ANY SUIT AT LAW OR EQUITY.

12
(3) SUBSECTION (2) DOES NOT APPLY UNLESS ALL NOTICES GIVEN

13
UNDER THIS CHAPTER CONTAIN A COPY OF SUBSECTION (2).

14
SEC. 600. (1) THE COMMISSION, ITS ADVISORY BOARD, OR AN

15
EXECUTIVE COMMITTEE IS NOT AUTHORIZED TO PERFORM A DUTY, SPECIFI-

16
CALLY DELEGATED TO A DRAIN COMMISSIONER OR DRAINAGE BOARD UNDER

17
THIS ACT.

18
(2) THE COMMISSION, ITS ADVISORY BOARD, OR AN EXECUTIVE COM-

19
MITTEE IS NOT GOVERNED BY THE PROCEDURAL OR OTHER PROVISIONS CON-

20
TAINED IN THIS ACT OTHER THAN THIS CHAPTER EXCEPT AS OTHERWISE

21
SPECIFIED. HOWEVER, IF NOT CONTRARY TO THE EXPRESSED PROVISIONS

22
OF THIS CHAPTER, ANY PROVISION OR PROVISIONS IN OTHER CHAPTERS OF

23 THIS ACT MAY BE INCORPORATED BY RECITAL OR BY REFERENCES INTO ANY

24
ORDER OR RESOLUTION OF THE COMMISSION.

25
CHAPTER 23.

26
PENALTIES.
27

05461'99
21

1
Sec. 601. If any commissioner is interested directly or

2
indirectly in the profits of any contract, job, work or services,

3
other than official services, to be performed for the drainage

4
district, he is deemed to be guilty of a misdemeanor, and the

5
office of such commissioner shall be deemed vacant and the com-

6
missioner so convicted shall be incapable of again holding the

7
office of county drain commissioner. ANY ASSESSMENTS MADE UNDER

8
THIS CHAPTER DO NOT CONSTITUTE INDEBTEDNESS OF A PUBLIC CORPORA-

9
TION FOR PURPOSES OF ANY CHARTER, STATUTORY, OR CONSTITUTIONAL

10
DEBT LIMITATION. TAXES LEVIED BY A PUBLIC CORPORATION FOR THE

11
PAYMENT OF SUCH ASSESSMENTS ARE NOT WITHIN A STATUTORY OR CHARTER

12
TAX LIMITATION.

13
Sec. 602. If any person shall wilfully or maliciously

14
remove any section or grade stake set along the line of any

15
drain, or obstruct or injure any drain, he shall be deemed guilty

16
of a misdemeanor, and upon conviction thereof shall be punished

17
by a fine not exceeding $100.00 and the costs of prosecution, or

18
in default of the payment thereof, by imprisonment in the county

19
jail not exceeding 90 days. THE COMMISSION MAY ACQUIRE THE NEC-

20
ESSARY LANDS OR RIGHTS-OF-WAY AS IDENTIFIED IN THE PLAN. SUCH

21
ACQUISITION SHALL BE BY NEGOTIATED PURCHASE OR RELEASE, OR BY

22
GIFT OR GRANT.

23
SEC. 603. (1) THE COMMISSION MAY ENTER A CONTRACT WITH ANY

24
FEDERAL AGENCY UNDER WHICH THE FEDERAL AGENCY WILL PAY THE WHOLE

25
OR ANY PART OF THE COST OF THE PLAN OR WILL PERFORM THE WHOLE OR

26
ANY PART OF THE WORK CONNECTED WITH THE PLAN.

05461'99
22

1
(2) THE COMMISSION MAY ALSO CONTRACT WITH ANY PRIVATE OR

2
PUBLIC CORPORATION IN RESPECT TO ANY MATTER CONNECTED WITH THE

3
PLAN. SUCH A CONTRACT WITH A PUBLIC CORPORATION MAY PROVIDE THAT

4
ANY PAYMENTS MADE OR WORK DONE BY THE PUBLIC CORPORATION SHALL BE

5
IN LIEU OF ALL OR PART OF THE ASSESSMENTS FOR THE COST OF THE

6
PLAN.

7
SEC. 604. AFTER THE CONFIRMATION OF THE APPORTIONMENT, THE

8
COMMISSION SHALL DIRECT THE SECRETARY OF THE COMMISSION TO PRE-

9
PARE A SPECIAL ASSESSMENT ROLL ASSESSING THE ESTIMATED COST OF

10
THE PLAN, OR IF THE ACTUAL COST HAS BEEN ASCERTAINED, THE ACTUAL

11
COST AGAINST THE PUBLIC CORPORATIONS IN ACCORDANCE WITH THE CON-

12
FIRMED APPORTIONMENTS. THE COMMISSION MAY PROVIDE FOR THE PAY-

13
MENT OF THE SPECIAL ASSESSMENTS IN ANY NUMBER OF APPROXIMATELY

14
EQUAL ANNUAL INSTALLMENTS, NOT EXCEEDING 20. INSTALLMENTS OF

15
ASSESSMENTS AGAINST THE STATE AND AGAINST PUBLIC CORPORATIONS

16
WHICH COLLECT THEIR TAXES BEGINNING APPROXIMATELY DECEMBER 1 IN

17
EACH YEAR ARE DUE BY APRIL 1 OF EACH YEAR. INSTALLMENTS OF

18
ASSESSMENTS AGAINST PUBLIC CORPORATIONS ARE DUE BY THE DATE OR

19
DATES FIXED BY THE COMMISSION DEPENDING ON THE TIME OR TIMES FOR

20
THE COLLECTION OF TAXES BY THE PUBLIC CORPORATIONS. THE COMMIS-

21
SION SHALL FIX THE RATE OF INTEREST TO BE PAID UPON UNPAID

22
INSTALLMENTS AT NOT MORE THAN 6%. INTEREST IS DUE ANNUALLY ON

23
THE DAY AND MONTH UPON WHICH THE ANNUAL INSTALLMENTS ARE DUE.

24
ANY INSTALLMENT OR INSTALLMENTS MAY BE PAID IN ADVANCE OF THE DUE

25
DATE WITH INTEREST COMPUTED TO THE NEXT INSTALLMENT DUE DATE.

26
THE COMMISSION SHALL FIX THE TIME OR TIMES FOR THE PAYMENT OF THE

05461'99
23

1
FIRST INSTALLMENT SO THAT EACH PUBLIC CORPORATION MAY MAKE A TAX

2
LEVY FOR THE PAYMENT OF THE INSTALLMENT.

3
SEC. 605. (1) THE SPECIAL ASSESSMENT ROLL SHALL CONTAIN THE

4
NAME OF EACH PUBLIC CORPORATION ASSESSED; THE TOTAL ESTIMATED

5
COST OF THE PLAN, OR THE ACTUAL COST IF THE ACTUAL COST HAS BEEN

6
ASCERTAINED AT THE TIME OF THE PREPARATION OF THE ROLL; THE PER-

7
CENTAGE APPORTIONED TO EACH PUBLIC CORPORATION; THE AMOUNT OF THE

8
ASSESSMENT FOR EACH PUBLIC CORPORATION BASED UPON THE PERCENTAGE

9
OF APPORTIONMENT; AND THE AMOUNT OF EACH INSTALLMENT IF THE

10
ASSESSMENT IS DIVIDED INTO ANNUAL INSTALLMENTS. AFTER THE SECRE-

11
TARY PREPARES THE SPECIAL ASSESSMENT ROLL, THE SECRETARY SHALL

12
PRESENT THE SPECIAL ASSESSMENT ROLL TO THE COMMISSION FOR

13
APPROVAL. IF THE COMMISSION APPROVES THE ROLL, A STATEMENT TO

14
THAT EFFECT SETTING FORTH THE DATE OF APPROVAL SHALL BE SIGNED BY

15
THE CHAIRPERSON AND SECRETARY OF THE COMMISSION AND AFFIXED TO

16
THE ROLL.

17
(2) THE CHAIRPERSON OF THE COMMISSION SHALL THEN CERTIFY TO

18
EACH PUBLIC CORPORATION ASSESSED THE AMOUNT OF THE TOTAL ASSESS-

19
MENT AGAINST IT, THE AMOUNT OF THE VARIOUS INSTALLMENTS IF THE

20
ASSESSMENT IS DIVIDED INTO INSTALLMENTS, THE DUE DATE OF EACH

21
INSTALLMENT, AND THE RATE OF INTEREST UPON UNPAID INSTALLMENTS.

22
THE TREASURER SHALL ALSO EACH YEAR, AT LEAST 30 DAYS BEFORE THE

23
TIME OF THE LEVYING OF TAXES BY EACH PUBLIC CORPORATION, NOTIFY

24
THE PUBLIC CORPORATION OF THE AMOUNT OF THE INSTALLMENT AND

25
INTEREST NEXT BECOMING DUE. HOWEVER, THE FAILURE TO SO NOTIFY

26
ANY PUBLIC CORPORATION DOES NOT EXCUSE IT FROM MAKING PAYMENT OF

27
THE INSTALLMENT AND INTEREST.

05461'99
24

1
(3) ON OR BEFORE THE DUE DATE OF AN INSTALLMENT, EACH PUBLIC

2
CORPORATION SHALL PAY TO ITS COUNTY TREASURER THE AMOUNT OF THE

3
INSTALLMENT, TOGETHER WITH INTEREST ACCRUING TO THE DUE DATE.

4
WITHIN 15 DAYS AFTER RECEIVING A PAYMENT, THE COUNTY TREASURER

5
SHALL FORWARD THE AMOUNT SO PAID TO THE TREASURER OF THE

6
COMMISSION. IF A PUBLIC CORPORATION FAILS OR NEGLECTS TO PAY THE

7
COUNTY TREASURER THE AMOUNT OF THE INSTALLMENT AND INTEREST, THE

8
COUNTY TREASURER SHALL ADVANCE THE AMOUNT TO THE TREASURER OF THE

9
COMMISSION FROM COUNTY FUNDS AND DEDUCT THE AMOUNT FROM ANY

10
FUNDS, OTHER THAN THOSE PLEDGED FOR THE PAYMENT OF DEBTS, OF THE

11
PUBLIC CORPORATION. IF A COUNTY ADVANCES FUNDS FOR A PUBLIC COR-

12
PORATION UNDER THIS SECTION BUT IS NOT REIMBURSED, THE COUNTY

13
BOARD OF COMMISSIONERS MAY ORDER THE PUBLIC CORPORATION AND ITS

14
OFFICERS TO LEVY UPON ITS NEXT TAX ROLL AN AMOUNT SUFFICIENT TO

15
REIMBURSE THE COUNTY ON OR BEFORE THE DATE WHEN THE PUBLIC

16
CORPORATION'S TAXES BECOME DELINQUENT. THE PUBLIC CORPORATION

17
AND ITS TAX LEVYING AND COLLECTING OFFICIALS SHALL LEVY AND COL-

18
LECT SUCH TAXES AND REIMBURSE THE COUNTY. NOTHING IN THIS SEC-

19
TION PREVENTS THE COUNTY FROM OBTAINING REIMBURSEMENT FROM ANY

20
OTHER LEGAL METHOD. THE TAX LEVYING OFFICIALS OF EACH OF THE

21
PUBLIC CORPORATIONS ASSESSED SHALL LEVY SUFFICIENT TAXES TO PAY

22
ASSESSMENT INSTALLMENTS AND INTEREST AS THEY BECOME DUE UNLESS

23
SUFFICIENT MONEY HAS BEEN SET ASIDE.

24
(4) IF A SPECIAL ASSESSMENT ROLL IS PREPARED UPON THE BASIS

25
OF THE ESTIMATED COST OF THE PLAN, THEN AFTER THE ACTUAL COST HAS

26
BEEN ASCERTAINED AND DETERMINED BY THE COMMISSION, THE SPECIAL

27
ASSESSMENTS AND THE INSTALLMENTS SHALL BE CORRECTED BY ADDING ANY

05461'99
25

1
DEFICIENCY OR DEDUCTING ANY EXCESS, OR REFUNDING THE AMOUNT OF

2
ANY PREPAID ASSESSMENTS IN EXCESS OF THE ASSESSMENT BASED UPON

3
ACTUAL COSTS. THE COMMISSION MAY ORDER SUCH CORRECTIONS TO BE

4
MADE UPON THE ORIGINAL ROLL OR MAY ORDER THAT A NEW CORRECTED

5
ROLL BE PREPARED AND SUBMITTED FOR APPROVAL BY THE COMMISSION.

6
SEC. 606. (1) THE COMMISSION MAY ISSUE BONDS OR NOTES FOR

7
AND ON BEHALF OF THE WATERSHED MANAGEMENT DISTRICT, IN ANTICIPA-

8
TION OF THE COLLECTION OF ANY OR ALL INSTALLMENTS OF ASSESSMENTS,

9
AND PLEDGE THE FULL FAITH AND CREDIT OF THE DISTRICT FOR THE

10
PROMPT PAYMENT OF THE PRINCIPAL AND INTEREST.

11
(2) A DISTRICT MAY BORROW MONEY OR ACCEPT THE ADVANCE OF

12
WORK, MATERIAL, OR MONEY FROM A PUBLIC OR PRIVATE CORPORATION,

13
PARTNERSHIP, ASSOCIATION, INDIVIDUAL, OR ANY AGENCY OF THE FED-

14
ERAL GOVERNMENT FOR PAYMENT FOR THE PREPARATION OR IMPLEMENTATION

15
OF THE PLAN, TO BE REIMBURSED BY THE DISTRICT, WITH OR WITHOUT

16
INTEREST AS MAY BE AGREED, WHEN FUNDS ARE AVAILABLE. THE OBLIGA-

17
TION OF THE DISTRICT TO MAKE THE REPAYMENT OR REIMBURSEMENT MAY

18
BE EVIDENCED BY A CONTRACT OR NOTE. THE CONTRACT OR NOTE MAY

19
PLEDGE THE FULL FAITH AND CREDIT OF THE DISTRICT AND MAY BE MADE

20
PAYABLE OUT OF THE ASSESSMENTS MADE AGAINST PUBLIC CORPORATIONS

21
OR OUT OF ANY OTHER AVAILABLE FUNDS, AND THE CONTRACT OR NOTE

22
SHALL NOT BE CONSIDERED TO BE AN OBLIGATION WITHIN THE MEANING OF

23
THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3. THE

24
TOTAL AMOUNT OF PRINCIPAL OWED FOR OBLIGATIONS UNDER THIS SECTION

25
SHALL NOT EXCEED $600,000.00.

05461'99
26

1
(3) THIS SECTION DOES NOT APPLY TO ADVANCES OR LOANS MADE BY

2
ANY PUBLIC CORPORATION, THE FEDERAL GOVERNMENT, OR ANY AGENCY OF

3
THE FEDERAL GOVERNMENT.

4
(4) A COUNTY BOARD OF COMMISSIONERS BY A MAJORITY VOTE OF

5
2/3 OF ITS MEMBERS MAY PLEDGE THE FULL FAITH AND CREDIT OF A

6
COUNTY FOR THE PAYMENT OF A NOTE OF THE DISTRICT.

7
SEC. 607. IF THE ORIGINAL ASSESSMENT IS INSUFFICIENT TO PAY

8
THE PRINCIPAL AND INTEREST ON BONDS AND NOTES ISSUED IN ANTICIPA-

9
TION OF THE COLLECTION OF THE ASSESSMENT, THEN THE COMMISSION

10
SHALL MAKE SUCH ADDITIONAL ASSESSMENTS, AS NECESSARY. THE ADDI-

11
TIONAL ASSESSMENTS SHALL BE APPORTIONED TO THE SAME PUBLIC CORPO-

12
RATIONS IN THE SAME RELATIVE AMOUNTS AS THE ORIGINAL

13
ASSESSMENTS.

14
CHAPTER 23

15
SANCTIONS
16

17
SEC. 615. IF A COMMISSIONER IS INTERESTED DIRECTLY OR INDI-

18
RECTLY IN THE PROFITS OF A CONTRACT, JOB, WORK, OR SERVICES,

19
OTHER THAN OFFICIAL SERVICES, TO BE PERFORMED FOR A DRAINAGE DIS-

20
TRICT, HE OR SHE IS GUILTY OF A MISDEMEANOR. UPON CONVICTION,

21
HIS OR HER OFFICE IS VACATED AND HE OR SHE IS INELIGIBLE TO AGAIN

22
HOLD THE OFFICE OF COMMISSIONER.

23
SEC. 616. IF ANY PERSON WILLFULLY OR MALICIOUSLY REMOVES

24
ANY SECTION OR GRADE STAKE SET ALONG THE LINE OF ANY DRAIN, OR

25
OBSTRUCTS OR DAMAGES A DRAIN, HE OR SHE IS GUILTY OF A MISDEMEAN-

26
OR, PUNISHABLE BY A FINE OF NOT MORE THAN $100.00 AND THE COSTS

27
OF PROSECUTION, OR IN DEFAULT OF THE PAYMENT OF THE FINE, BY

28
IMPRISONMENT FOR NOT MORE THAN 93 DAYS.

05461'99
27

1
Enacting section 1. Sections 551 to 583 of the drain code

2
of 1956, 1956 PA 40, MCL 280.551 to 280.583, are repealed.

05461'99 Final page. TMV