March 24, 2004, Introduced by Reps. Kolb, Tobocman, Dennis, Jamnick, Sak and Rivet and referred to the Committee on Conservation and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 31101, 31102, 31105, 31106, 31107, 31108,
31109, 31110, 31111, and 31114 (MCL 324.31101, 324.31102,
324.31105, 324.31106, 324.31107, 324.31108, 324.31109, 324.31110,
324.31111, and 324.31114), as added by 1995 PA 59, and by adding
sections 31106a, 31106b, 31108a, and 31109a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 31101. As used in this part:
2 (a) "Board"
means a river district management board created
3 as the governing body of
a river management district in
4 accordance with this
part or a watershed conservation
district,
5 or both.
6 (b) "Council" means a watershed council created under this
7 part.
1 (c)
"District" means a river management district established
2 under this part.
3 (c) (d) "Level
of stream flow" means a measure of water
4 quantity including the amount of water passing a designated point
5 over a designated period and the levels of lakes that are an
6 integral part of the surface drainage system of the watershed.
7 (d) (e) "Local
agencies" means local units of government,
8 special districts, or other legally constituted agencies of local
9 units of government exercising powers that may affect water
10 resources.
11 (e) (f) "River
management" means the control of river flow
12 by the operation of dams, reservoirs, conduits, and other
13 human-made devices in order to improve and expand the uses of the
14 river for those who depend upon it for a variety of private and
15 public benefits.
16 (f) "River management district" means a river management
17 district established under section 31106.
18 (g) "Watershed" means the drainage area of a stream.
19 (h) "Watershed conservation" means activities related to the
20 protection or enhancement of water quality within a watershed
21 including, but not limited to, stream bank restoration, water
22 quality monitoring, and watershed conservation education.
23 (i) "Watershed conservation district" means a watershed
24 conservation district created under section 31106a.
25 Sec. 31102. (1) To promote cooperation among local units of
26 government in river management or watershed conservation, or
27 both, a watershed council shall be established by the department
1 upon a petition from 3 or more local units of government lying
2 wholly or partially in the watershed as defined in the petition.
3 The petition shall provide a statement of necessity, a
4 description of general purposes and functions to be performed, a
5 description of the area, including a map, and a list of all local
6 units of government lying wholly or partly within the watershed,
7 which shall be eligible for membership on the watershed council.
8 (2) Upon finding that the petition is in conformance with
9 this part, the department shall establish the council, schedule
10 an organizational meeting, and notify all local units of
11 government eligible for membership by registered mail. The date
12 for the meeting shall be not less than 60 or more than 90 days
13 after the date of mailing the notice.
14 Sec. 31105. A watershed council may do 1 or more of the
15 following:
16 (a) Conduct, or cause to be conducted, studies of the water
17 resources of the watershed, including investigations of water
18 uses, water quality, and the reliability of the water resource.
19 (b) Conduct, or cause to be conducted, watershed conservation
20 activities.
21 (c) (b) Prepare
periodic reports concerning, among other
22 things, trends in water use and availability, emerging water
23 problems, and recommendations for appropriate public policies and
24 programs necessary to maintain adequate water resources for the
25 watershed area.
26 (d) (c) Request
the department to survey the watershed for
27 the purpose of determining minimum levels of stream flow
1 necessary for health, welfare, and safety as provided in sections
2 31112 through 31117.
3 (e) (d) Recommend
the creation of a river management
4 district or districts
under the provisions of sections 31106
5 through 31111 when the
need for river management seems to warrant
6 such an action under section 31106.
7 (f) Recommend the creation of a watershed conservation
8 district under section 31106a.
9 (g) (e) Advise
agencies of federal, state, and local units
10 of government as to the council's view of the watershed's
11 problems and needs.
12 (h) (f) Cooperate
with federal, state, and local agencies
13 in providing stream gauges, water quality sampling stations, or
14 other water resource data-gathering facilities or programs that
15 aid the council in its responsibility for studying and reporting
16 on water conditions.
17 (i) (g) Employ
an executive secretary and such other
18 professional, administrative, or clerical staff, including
19 consultants, as may be provided for in an approved budget.
20 (j) (h) Establish
such subcommittees or advisory committees
21 as are considered helpful in the discharge of its functions.
22 (k) (i) Establish
special project funds as needed to
23 finance special studies outside its annual budget capacity. For
24 this purpose, the council may accept gifts and grants from any
25 person.
26 Sec. 31106. (1) The governing bodies of 2 or more local
27 units of government may petition the department to establish a
1 river management district in order to provide an agency for the
2 acquisition, construction, operation, and financing of water
3 storage and other river control facilities necessary for river
4 management. The petition shall be accompanied by a statement of
5 necessity, a description of the district purposes, functions, and
6 operating procedures, which shall include methods of financing
7 capital improvements and of apportioning benefit charges, and a
8 general plan of development. Not later than 60 days following
9 receipt of such a petition, the department shall establish the
10 time and place for a public hearing on the petition and shall
11 publish notice of the hearing. The notice shall be published
12 twice in each county involved in at least 1 newspaper of general
13 circulation in the county. At the hearing, the applicant and any
14 other interested party may appear, present witnesses, and submit
15 evidence. Following the hearing, the department may establish
16 the river management district and publish notice of the
17 establishment in the manner provided for publication of notice of
18 hearing, upon finding the following conditions:
19 (a) That the proposal is consistent with the public interest
20 in the conservation, development, and use of water resources, and
21 the proposed river management district is geographically suitable
22 to effectuation of the river management district purposes.
23 (b) That the establishment and operation of the district will
24 not unreasonably impair the interests of the public or of
25 riparians in lands or waters or the beneficial public use of
26 lands or waters, and will not endanger public health or safety.
27 (2) A river management district shall not be created that
1 affects any city now
or hereafter having a population of more
2 than 1,500,000, except with the concurrence of the governing body
3 of that city.
4 (3) Prior to approving the establishment of a river
5 management district consisting of a portion of a river basin, the
6 department shall determine the feasibility of establishing the
7 river management district to include the entire river basin or as
8 large a portion of the basin as possible. Approval of river
9 management districts consisting of a portion of a river basin
10 shall be on the basis that, when in the judgment of the
11 department it becomes feasible to form a river management
12 district including the
entire river basin, the river management
13 district boards shall initiate proceedings to combine the smaller
14 river management districts into larger districts or into an
15 entire watershed-wide district.
16 (4) Any plans for a river management district shall be
17 coordinated with plans of adjacent river basins, organizations,
18 or agencies and with any comprehensive regional master programs
19 for river management.
20 Sec. 31106a. (1) The governing bodies of 2 or more local
21 units of government may petition the department to establish a
22 watershed conservation district in order to provide an agency to
23 finance watershed conservation activities. The petition shall be
24 accompanied by a statement of necessity, a description of the
25 watershed conservation district purposes, functions, and
26 operating procedures, which shall include methods of financing
27 capital improvements and of apportioning benefit charges, and a
1 general plan of development.
2 (2) Not later than 60 days following receipt of a petition
3 under subsection (1), the department shall establish the time and
4 place for a public hearing on the petition and shall publish
5 notice of the hearing. The notice shall be published twice in
6 each county involved in at least 1 newspaper of general
7 circulation in the county. At the hearing, the applicant and any
8 other interested party may appear, present witnesses, and submit
9 evidence. Following the hearing, the department may establish
10 the watershed conservation district and publish notice of the
11 establishment in the manner provided for publication of notice of
12 hearing, upon finding the following conditions:
13 (a) That the proposal is consistent with the public interest
14 in watershed conservation and the proposed district is
15 geographically suitable to effectuation of the watershed
16 conservation district purposes.
17 (b) That the establishment and operation of the watershed
18 conservation district will not unreasonably impair the interests
19 of the public or of riparians in lands or waters or the
20 beneficial public use of lands or waters, and will not endanger
21 public health or safety.
22 (3) A watershed conservation district shall not be created
23 that affects any city having a population of more than 1,500,000,
24 except with the concurrence of the governing body of that city.
25 (4) Prior to approving the establishment of a watershed
26 conservation district consisting of a portion of a river basin,
27 the department shall determine the feasibility of establishing
1 the watershed conservation district to include the entire river
2 basin or as large a portion of the basin as possible. Approval
3 of watershed conservation districts consisting of a portion of a
4 river basin shall be on the basis that, when in the judgment of
5 the department it becomes feasible to form a watershed
6 conservation district including the entire river basin, the
7 district boards shall initiate proceedings to combine the smaller
8 watershed conservation districts into larger districts or into an
9 entire watershed-wide district.
10 (5) Any plans for a watershed conservation district shall be
11 coordinated with plans of adjacent river basins, organizations,
12 or agencies and with any comprehensive regional master programs
13 for river management.
14 Sec. 31106b. A river management district and a watershed
15 conservation district may be established as a single entity to
16 carry out the functions of a river management district and a
17 watershed conservation district under this part.
18 Sec. 31107. (1) Within 60 days after establishing a river
19 management district or a watershed conservation district, the
20 department shall schedule an organizational meeting of the
21 district board of that district and shall provide
notice of the
22 meeting by registered mail to the governing bodies of all local
23 units of government comprising the district. The date for the
24 meeting shall be not less than 60 or more than 90 days after the
25 date of mailing the notice. At the meeting, the department shall
26 serve as temporary chairperson. The board shall elect a
27 chairperson, vice-chairperson, secretary, and treasurer and adopt
1 bylaws.
2 (2) A river management district or a watershed conservation
3 district, or both,
shall be governed by a river management
4 board composed of representatives of local units of government
5 within the district. The representation of each local unit of
6 government on the board may be provided as part of the operating
7 procedures submitted to the department in the petition of local
8 units of government made in accordance with section 31106 or
9 31106a, as appropriate. If the composition of the board is not
10 so designated, representation shall be established under section
11 31103.
12 (3) Representatives
on the river management board shall be
13 appointed for 2 years but are subject to replacement at the
14 pleasure of the appointing authority. A representative is not
15 eligible to vote on the board unless the local unit of government
16 he or she represents has met its financial obligations to the
17 district.
18 (4) Representatives
to the river management board may also
19 serve as representatives of their local units of government, if
20 so designated by their local units of government, on the
21 watershed council.
22 Sec. 31108. A
river management For a river management
23 district, the board may do any of the following:
24 (a) Conduct a continuing study of river use requirements and
25 needs for river management within its area of jurisdiction;
26 analyze alternative methods of meeting needs; and develop and
27 adopt a river management program, including plans for
1 constructing, operating, and financing water storage and river
2 control structures and negotiating coordinated policies and
3 programs relating to river use among local units of government
4 within the district.
5 (b) Impound and control the waters of the river system within
6 the district, subject to minimum levels of stream flow
7 established pursuant to sections 31112 and 31113, through
8 acquisition, construction, maintenance, and/or operation of water
9 storage reservoirs, dams, or other river control structures as
10 necessary to assure adequate quantity, quality, and stability of
11 river flow to protect the public health, welfare, and safety. A
12 river management district shall not release water in such an
13 amount as to produce or increase flooding or otherwise damage
14 downstream interests.
15 (c) Contract with or enter into agreement with the federal
16 government or any agency or department of the federal government
17 or with other governmental agencies or with private individuals
18 or corporations that may maintain and operate reservoirs and
19 control structures or that may construct, maintain, and operate
20 new reservoirs and control structures as necessary to carry out
21 the purposes of this part.
22 (d) Perform, with respect to the area within the district,
23 the functions assigned to a watershed council by sections 31102
24 through 31105 whenever a relevant watershed council has not been
25 formed, or if the appropriate watershed council's failure to act
26 impairs the functions and programs of a district.
27 Sec. 31108a. For a watershed conservation district, the
1 board may undertake watershed conservation activities, including
2 the employment of staff and purchase of equipment related to
3 those activities.
4 Sec. 31109. A river management district formed under this
5 part is a body corporate with powers to contract; to sue and be
6 sued; to exercise the right of eminent domain; to apportion
7 administrative costs and benefit charges for river management and
8 related facilities among the local units of government members,
9 which costs shall be payable from general funds or taxes raised
10 by the local units of government; to collect revenues for
11 services rendered by the exercise of its functions; to issue
12 bonds; to apply for and receive grants, gifts, and other devises
13 from any governmental agency or from the federal government; and
14 to exercise other powers as necessary to implement this part.
15 The river management
district shall does not have direct taxing
16 power.
17 Sec. 31109a. A watershed conservation district formed under
18 this part is a body corporate with powers to contract; to sue and
19 be sued; to apportion administrative costs and benefit charges
20 for watershed conservation among the local units of government
21 members, which costs shall be payable from general funds or taxes
22 raised by the local units of government; to collect revenues for
23 services rendered by the exercise of its functions; to issue
24 bonds; to apply for and receive grants, gifts, and other devises
25 from any governmental agency or from the federal government; and
26 to exercise other powers as necessary to implement this part.
27 The watershed conservation district does not have direct taxing
1 power.
2 Sec. 31110. A river
management board shall do all of the
3 following:
4 (a) Adopt bylaws to govern its operations.
5 (b) Prepare an annual operating budget and levy an annual
6 assessment of local unit of government members to cover costs of
7 organizing, developing plans, and maintaining general overhead
8 administration.
9 (c) Adopt and maintain a schedule of benefit assessments upon
10 local units of government in the district levied to help defray
11 the costs of capital improvements, which schedule constitutes a
12 legal obligation upon those assessed.
13 (d) Hold an annual meeting at which it shall report to its
14 members and to the watershed council, elect officers, and adopt
15 an annual budget.
16 (e) Maintain a public record of its transactions.
17 (f) Do all other things necessary for the operation of the
18 district.
19 Sec. 31111. The executive secretary of a watershed council
20 may serve as executive
secretary to the river management a
21 board. If a relevant watershed council does not exist, or if the
22 executive secretary of a watershed council is otherwise
23 unavailable, the board may employ an executive secretary. In
24 addition, the board may employ additional staff as it determines
25 appropriate within its approved budget.
26 Sec. 31114. A
river management For a river management
27 district, the board may request a watershed council to seek a
1 determination of minimum levels of stream flow in accordance with
2 sections 31112 and 31113, or the board may request the department
3 to make the determinations if a watershed council has not been
4 formed for the larger watershed of which the district is a part,
5 or when an appropriately established council fails to act within
6 90 days upon the district's request.