April 25, 2006, Introduced by Reps. Byrnes, Donigan, Accavitti, Gleason, Condino, Espinoza, Bieda, McDowell, Kathleen Law, Hopgood, Tobocman, Lipsey, Vagnozzi, Zelenko, Byrum, Cushingberry, Lemmons, Jr., Miller, Spade, Polidori, Gonzales, Angerer, Alma Smith, Kolb, Anderson, Waters, Sak and Meisner and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A joint resolution proposing an amendment to the state
constitution of 1963, by adding section 55 to article IV, to
prohibit the diversion of the waters of the state out of the Great
Lakes basin unless specifically authorized by the legislature.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to prohibit the diversion of the waters of
the state out of the Great Lakes basin unless specifically
authorized by the legislature, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE IV
Sec. 55. The waters of the state are held by the state in the
public trust for the use and enjoyment of the public as provided by
the legislature.
Unless authorized by the legislature, the diversion of the
waters of the state outside of the Great Lakes basin, or a sale or
other transaction resulting in a diversion of the waters of the
state outside of the Great Lakes basin, is prohibited.
When considering whether to grant legislative authorization
for a proposed diversion of the waters of the state outside of the
Great Lakes basin, the legislature shall consider section 52 of
this article and whether the project will serve a public purpose,
whether the project will result in no material harm to the waters
of the state, the public trust, or related purposes, and whether
the project will result in any improvement to the waters of the
state or the water dependent natural resources of the state.
As used in this section:
(a) "Consumptive use" means that portion of water withdrawn or
withheld from the Great Lakes basin and assumed to be lost or
otherwise not returned to the Great Lakes basin due to evaporation,
incorporation into products or agricultural products, use as part
of packaging of products or agricultural products, or other
processes. Consumptive use does not include the packaging of water
in bottles or containers.
(b) "Diversion" means a transfer of water by pipeline, canal,
tunnel, aqueduct, channel, modification of the direction of a
watercourse, tanker ship, tanker truck, rail tanker, or similar
means from the Great Lakes basin into a watershed outside of the
Great Lakes basin, including the transfer of water in bottles or
containers. However, diversion does not include any of the
following:
(i) A consumptive use.
(ii) The supply of vehicles, including vessels and aircraft,
whether for the needs of persons or animals being transported or
for ballast or other needs related to the operation of vehicles.
(iii) The use of water in a noncommercial project on a short-
term basis for firefighting, humanitarian, or emergency response
purposes.
(iv) Water transported from the Great Lakes basin by a person
for his or her personal, noncommercial use.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.