HOUSE BILL No. 5623

 

February 1, 2006, Introduced by Rep. Hune and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 30708 (MCL 324.30708), as added by 1995 PA 59,

 

and by adding section 30708a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 30708. (1)  After  Except as provided in section 30708a,

 

after the court determines the normal level of an inland lake in a

 

proceeding initiated by the county, the delegated authority of any

 

county or counties in which the inland lake is located shall

 

provide for and maintain that normal level.

 

     (2) A county may acquire, in the name of the county, by gift,

 

grant, purchase, or condemnation proceedings, an existing dam that

 

may affect the normal level of the inland lake, sites for dams, or

 


rights in land needed or convenient in order to implement this

 

part. A county may enter into a contract for operation and

 

maintenance of an existing dam. The county may construct and

 

maintain a dam that is determined by the delegated authority to be

 

necessary for the purpose of maintaining the normal level. A dam

 

may be acquired, constructed, or maintained in a county adjoining

 

the county in which the lake is located.

 

     (3) For the purpose of maintaining the normal level, a

 

delegated authority may drill wells or pump water from another

 

source to supply an inland lake with additional water, may lower

 

the level of the lake by pumping water from the lake, and may

 

purchase power to operate pumps, wells, or other devices installed

 

as part of a normal level project.

 

     Sec. 30708a. Notwithstanding any other provision of this part,

 

the department or the delegated authority of any county that is

 

charged with maintaining the normal level of an inland lake may

 

deviate from that normal level during a flooding emergency if

 

necessary to protect property or public safety. In implementing

 

this section, the department or the delegated authority may

 

authorize a dam operator to modify the dam's operations to

 

accomplish this objective.