reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33927 - Ascertainment of Rights by Department; Hearing; Powers of Department.

324.33927 Ascertainment of rights by department; hearing; powers of department.
Sec. 33927.
The department shall ascertain and decide upon the rights of persons claiming the benefit of this part, and it may hear and decide in a summary manner all matters respecting such applications or claims, except as otherwise provided in this part, and to that end may compel the attendance of witnesses and receive testimony by deposition or otherwise as may be produced, and determine thereon, according to equity and justice, the validity and just extent of the claim and respective rights of conflicting claimants making application for a lease. It shall cause minutes of the filing of such claims and all its proceedings to be entered in a book kept for that purpose and keep a record of the evidence from which its decisions are made, and it is authorized when it considers it necessary, or upon request of any of the claimants, to employ a stenographer to assist the department. The department may administer oaths, issue subpoenas, and compel the attendance of witnesses and the production of papers upon any hearing before the department under this part. In case of disobedience on the part of any person or persons, or willful failure to appear pursuant to any subpoena issued by the department, or upon refusal of any witnesses to testify regarding any matter pending before the department or to produce books and papers which he or she is required by the department to produce, the circuit court of any county in this state, upon the application of the department, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein, and in addition the department shall have the powers vested in the circuit court to compel witnesses to testify to any matter pending before the department, and each witness who appears before the department by its order or subpoena shall receive for his or her attendance the fees and mileage provided witnesses in civil cases in circuit courts, said fees to be paid by the party calling such witnesses.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33928 - Conflicting Claims; Determination by Department; Hearing; Notice; Depositions; Appeal.

324.33928 Conflicting claims; determination by department; hearing; notice; depositions; appeal.
Sec. 33928.
In all cases where there is a contest or conflict between applicants for a lease to the same piece or parcel of land growing out of a prior occupation or improvements, such conflicting claims shall be determined by the department at a meeting scheduled by the department after notice to each of the claimants of the time and place of hearing, and in such cases depositions may be taken by any claimant in the manner provided for taking depositions in the circuit courts of this state. Any party considering himself or herself aggrieved by any decision of the department refusing to grant him or her a lease under the provisions of this part, whether in case of conflict, contest, or otherwise, has the right of appeal to the circuit court for the county in which the land is situated, and the proceedings to take the appeal and the trial of the appeal in any of those courts shall be in accordance with the statutes providing for appeals from district courts of this state, or the aggrieved party may take such other action at law or in equity as provided by the statutes and laws of this state.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33929 - State Leased Lands; Sale or Transfer of Lease; Statement of Purpose; Approval by Department; Record of Assignment.

324.33929 State leased lands; sale or transfer of lease; statement of purpose; approval by department; record of assignment.
Sec. 33929.
(1) Each sale or transfer of a lease shall contain a specific statement of the purpose for which the property leased is to be used by the purchaser or assignee. A sale or transfer of a lease for other than club or residence purposes is not valid unless and until the sale or transfer is approved by the department of environmental quality.
(2) Before selling or transferring a property that is subject to a lease under this part, the parties involved shall apply to the department of environmental quality for approval of the transfer of the lease to the purchaser. The application shall be made on a form provided by the department of environmental quality and shall be accompanied by a fee of $250.00. Upon approval by the department of environmental quality, an assignment of lease form shall be recorded with the county register of deeds.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 496, Imd. Eff. Dec. 29, 2006
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33930-324.33932 - Repealed. 2006, Act 496, Imd. Eff. Dec. 29, 2006.

324.33930-324.33932 Repealed. 2006, Act 496, Imd. Eff. Dec. 29, 2006.
Compiler's Notes:
The repealed sections pertained to state leased lands and disposition of money received from leasing.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33933 - State Leased Lands; Taxes; Assessment.

324.33933 State leased lands; taxes; assessment.
Sec. 33933.
The lessee's interest in all leases made under this part shall be assessed as real estate by the assessing officer of the township, city, or village in which the lands leased may be located, and the levy and collection of taxes so assessed on said lessee's interest shall be made and collected in the same manner and subject to the law now in force for the levy and collection of taxes upon real estate, and the assessing officers in determining the value of such leasehold interest for taxation purposes shall take into consideration the value of the land together with the improvements on the land.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33935 - State Leased Lands; Nonpayment of Taxes; Report.

324.33935 State leased lands; nonpayment of taxes; report.
Sec. 33935.
Each county treasurer shall report to the department all descriptions of parcels of property subject to this part that have been returned for nonpayment of taxes, if those taxes have not been paid within 6 months after being returned for nonpayment of taxes. The report shall be made by the treasurer within 30 days after the 6-month period has expired. Land leased or deeded under this part that is returned to state ownership through purchase, gift, devise, lease expiration, or tax reversion shall not be re-leased or sold by the state if that land is not well maintained.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 496, Imd. Eff. Dec. 29, 2006
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-339 - Part 339 Control of Certain State Lands (324.33901...324.33939) › Section 324.33936-324.33939 - Repealed. 2006, Act 496, Imd. Eff. Dec. 29, 2006.

324.33936-324.33939 Repealed. 2006, Act 496, Imd. Eff. Dec. 29, 2006.
Compiler's Notes:
The repealed sections pertained to unpatented overflowed lands, supervisor of wells, removal of natural materials from or beneath Great Lakes bottomlands, and violation of MCL 324.33938.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34101 - Irrigation Districts; Conditions and Limitations for Withdrawal of Waters From Great Lakes; Enforcement of Section.

324.34101 Irrigation districts; conditions and limitations for withdrawal of waters from Great Lakes; enforcement of section.
Sec. 34101.
(1) This part is applicable in counties with a population of 400,000 or less to the use of water from the Great Lakes only, which for the purposes of this part include those portions of those lakes and streams tributary to the Great Lakes where the natural water levels are controlled by and at essentially the same water level as the Great Lake involved.
(2) Water shall not be withdrawn from the Great Lakes if it is being used within the confines of an irrigation district under this part which cannot reasonably be expected to benefit agricultural crops or other agricultural operations for improvement of the food supply and water shall not be withdrawn from the Great Lakes under this part at any place or at any time or in any amount or amounts for a single irrigation district or for the sum of all irrigation districts and water from the Great Lakes shall not be stored or transmitted by or for any irrigation district, authorized to be created by this part, in any manner or by any means or with the aid of any dam or other device that does 1 or more of the following:
(a) Will materially injure other users of the waters of the Great Lakes and connecting channels.
(b) Will significantly affect the levels of the Great Lakes and prejudice the state in its relations with other states bordering on the Great Lakes.
(c) Will adversely affect the state in its development and maintenance of fish and wildlife resources.
(d) Will be detrimental to the health and welfare of the people of the state.
(3) The department shall enforce and implement the conditions and limitations of this section in performing all duties placed upon it by the terms of this part, and for this purpose the department may call upon any officer, board, department, school, university, or other state institution and the officers or employees of any officer, board, department, school, university, or other state institution for assistance considered necessary to implement this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34102 - Construction of Part.

324.34102 Construction of part.
Sec. 34102.
This part shall be liberally construed to promote the public welfare by irrigating lands, improving the existing water supply for the lands or providing new means or methods of water supply, or constructing and completing dams, reservoirs, canals, drains, structures, mechanical devices, levees, dikes, barriers and the use of any pumping equipment, pipelines, or other works or a combination of any or all of the same specified in the petition to be utilized for the preservation or operation of any irrigation system constructed, or proposed to be constructed, for the purpose of irrigation.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34103 - Previously Organized Districts; Validity, Rights, Privileges, and Obligations; Applicability of Part.

324.34103 Previously organized districts; validity, rights, privileges, and obligations; applicability of part.
Sec. 34103.
This part does not affect the validity of any district organized under the laws of this state prior to July 10, 1967, or its rights in or to property, or any of its rights or privileges of any kind or nature; but the districts are subject to this part so far as practicable. In addition, this part shall not do any of the following:
(a) Affect, impair, or discharge any contract, obligations, lien, or charge for, or upon which, a district was or might become liable or chargeable if former Act No. 205 of the Public Acts of 1967 had not been passed.
(b) Affect the validity of any bonds which had been issued prior to July 10, 1967.
(c) Affect any action pending on July 10, 1967.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34104 - Irrigation District as Body Corporate; Powers; Seal; Condemnation.

324.34104 Irrigation district as body corporate; powers; seal; condemnation.
Sec. 34104.
An established irrigation district is a body corporate with power to contract, to sue and be sued, and to hold, manage, and dispose of real and personal property, in addition to any other powers conferred upon it by law, and shall continue in existence until such time as the district is dissolved by operation of law. In addition, each established irrigation district may adopt and use a corporate seal, acquire the right to use of water for irrigation purposes, under plans approved by the department, acquire sites for reservoirs and rights-of-way for drains, canals, and laterals, and exercise the right of condemnation pursuant to the provisions of Act No. 149 of the Public Acts of 1911, being sections 213.21 to 213.25 of the Michigan Compiled Laws, or under the applicable provisions of sections 75 to 84 of the drain code of 1956, Act No. 40 of the Public Acts of 1956, being sections 280.75 to 280.84 of the Michigan Compiled Laws, and shall be considered to be a state agency as that term is used in that act.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34105 - District Contracts With Federal Government, State, and Others; Approval by Department; State's Public Trust.

324.34105 District contracts with federal government, state, and others; approval by department; state's public trust.
Sec. 34105.
As used in this section, "federal government" means the United States and includes any and all agencies of the United States. The irrigation district may contract with the federal government, whereby the federal government will pay the whole or part of the cost of the project or will perform the whole or any part of the work connected with the project, which contract may include any specific terms required by act of congress or federal regulation as a condition for the participation of the federal government. The irrigation district may also contract with the state or any agency of the state or with any person in respect to any matter connected with the construction, operation, or maintenance of any irrigation works or for providing new means of water supply or the improvement of the existing water supply for the lands within the irrigation district. All contracts and agreements executed under this section shall be subject to the approval of the department. Such a contract or agreement or anything in consequence of such a contract or agreement shall not in any manner infringe upon or invade the state's public trust in its waters.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34106 - Grant to United States or Irrigation District of Right to Use Rights-of-Way in County or Intercounty Drainage Districts; Approval; Rights of Private Persons.

324.34106 Grant to United States or irrigation district of right to use rights-of-way in county or intercounty drainage districts; approval; rights of private persons.
Sec. 34106.
Subject to the written assignment, consent, and approval of the drain commissioner administering a county drainage district or the written assignment, consent, and approval of the drainage board of an intercounty drainage district, the county drain commissioner and the drainage board of intercounty drainage districts may grant unto the United States or to any irrigation district the right to use all the easements and rights-of-way conveyed to their respective drainage district or to any county lying wholly or in part in such districts for the construction, use, and maintenance of any county or intercounty drain by the United States or any irrigation district in connection with any irrigation project undertaken by the irrigation district, solely or in cooperation with the United States or any other federal department or agency. Private rights of persons acquired by reason of the establishment and construction of the drain or part of the drain shall not be interfered with or in any way impaired by the use of the drain for irrigation purposes within the scope of this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34107 - Dams for Irrigation; Approval.

324.34107 Dams for irrigation; approval.
Sec. 34107.
A dam for irrigation purposes shall not be constructed unless the dam is approved in a manner provided by law.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34108 - Grants of Federal, State, and Private Aid for Irrigation Projects.

324.34108 Grants of federal, state, and private aid for irrigation projects.
Sec. 34108.
An irrigation district may apply for and accept grants or any aid which the United States government or any agency of the United States government, the state or any of its political subdivisions, or any person may authorize to be made or given in aid of an irrigation project.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34109 - Irrigation Districts; Petitions for Formulation or Improvement; Contents; Circulation; Signatures.

324.34109 Irrigation districts; petitions for formulation or improvement; contents; circulation; signatures.
Sec. 34109.
(1) Whenever a majority of freeholders owning lands in a proposed irrigation district who represent 1/3 or more of the area of lands within the district, or whenever freeholders owning lands who represent more than 1/2 the area of lands within the district, desire to provide for the irrigation of the lands; to improve the existing water supply for the lands or provide a new water supply system for the lands; to purchase, extend, operate, or maintain constructed irrigation works; or to cooperate with the United States for the assumption as principal or guarantor of indebtedness to the United States on account of district lands, they may file in the office of the county drain commissioner of the county that embraces the largest acreage of the district a petition, hereinafter referred to as the "petition", which shall include all of the following:
(a) The name of the proposed irrigation district.
(b) The necessity of the proposed work, describing the necessity.
(c) The object and purpose of the system proposed to be constructed, together with a general description of the system.
(d) A general description of the lands proposed to be included in the district, accompanying the petition shall be a preliminary engineering report on the feasibility of the project, including a report on the sufficiency of its water supply; the approximate area of irrigable land within the district, including an estimate of the cost of construction.
(e) The names of all freeholders owning lands in the proposed district, when known.
(f) Whether or not the petitioners desire and propose to cooperate with the United States.
(g) A general plea for the organization of the district.
(2) The petitions for the organization of the same district may be circulated and may be filed in more than 1 counterpart and, when filed, shall together be regarded as a single petition having as many signers as there are separate signers on the several petitions filed. All petitions for the organization of the district filed prior to the hearing on the petition shall be considered by the irrigation board the same as if filed with the first petition placed on file, and the signatures contained on those petitions shall be counted in determining whether sufficient persons have signed the petition.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34110 - Irrigation Districts; Affidavit of Signers of Petitions; Evidence.

324.34110 Irrigation districts; affidavit of signers of petitions; evidence.
Sec. 34110.
The affidavit of 1 or more of the signers of the petition stating that they have examined it and are acquainted with the locality of the district and that the petition is signed by a sufficient number of persons owning lands in the district may be taken by the irrigation board as sufficient evidence of the facts stated in the petition.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34111 - Irrigation Districts; Lands Included.

324.34111 Irrigation districts; lands included.
Sec. 34111.
The lands proposed to be included in any irrigation district need not be contiguous if the benefit of the proposed work in each part will exceed the costs of the proposed work in each part; and lands within any city, village, or township may be included within the limits of any irrigation district if the creation of the irrigation district will benefit the lands within the city, village, or township in any amount equal to or in excess of the amount of assessment for construction against the lands therein.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34113 - Commissioners of Irrigation; Oath of Office; Annual Accounts.

324.34113 Commissioners of irrigation; oath of office; annual accounts.
Sec. 34113.
Before entering upon their duties, commissioners shall take and subscribe the constitutional oath of office. The commissioners shall make a true account of their activities to the department at least once annually.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34114 - Control Over Withdrawals and Operations; Rules; Orders; Expenses.

324.34114 Control over withdrawals and operations; rules; orders; expenses.
Sec. 34114.
(1) The department shall maintain superintending control over withdrawals and operations of each irrigation district formed under this part and may promulgate rules to implement this authority.
(2) The department may enforce the limitations and conditions of section 34101 by order prohibiting the further withdrawal of water or by taking other action as is authorized by this part or any other act or law. Each irrigation district shall reimburse the department for any reasonable and necessary expense incurred by the department in maintaining superintending control over that district.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34115 - Irrigation Board; Conducting Business at Public Meeting; Notice; Calling and Notice of Meetings; Affidavit as Proof of Mailing; Waiver of Additional Notice; Quorum; Adjournment; Action by Board; Signing of Orders.

324.34115 Irrigation board; conducting business at public meeting; notice; calling and notice of meetings; affidavit as proof of mailing; waiver of additional notice; quorum; adjournment; action by board; signing of orders.
Sec. 34115.
(1) The business that the irrigation board may perform shall be conducted at a public meeting of the irrigation board held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
(2) A meeting of the irrigation board may be called by the chairperson or by 2 members of the irrigation board. In addition to the notice prescribed in subsection (1), notice setting forth the time and place of the meeting shall be sent by certified mail to each member. That notice shall be mailed not less than 5 days before the meeting. The affidavit of the chairperson as to this mailing shall be conclusive proof of the mailing.
(3) The notice of a meeting prescribed in subsection (2) is not required if all members are present. A member of the board may waive the additional mailed notice of a meeting, either before or after the meeting.
(4) A majority of the members of the board constitutes a quorum for the transaction of business, but a lesser number may adjourn the meeting. Unless otherwise provided in this part, an action shall not be taken by the board except by a majority vote of the board's members. The adjournment of the hearing need not be advertised. Each order issued by the irrigation board shall be signed by the chairperson.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34116 - Proceedings Upon Petition for Establishment of Irrigation Districts; Meetings; Filing and Examination of Petition; Report; Expenses and Compensation.

324.34116 Proceedings upon petition for establishment of irrigation districts; meetings; filing and examination of petition; report; expenses and compensation.
Sec. 34116.
(1) Upon receipt of a petition for the establishment of an irrigation district, the county drain commissioner shall call the first meeting of the irrigation board. A copy of the petition and duplicates of all maps and other papers filed with the petition shall be filed with the department at least 4 weeks before the date set for the public hearing on the petition. The department shall examine the petition, maps, and other papers and, if it considers it necessary, examine the proposed district, the irrigation works proposed to be constructed, or the location of the irrigation works to be constructed, and prepare a report covering those features of the proposed irrigation project that relate to section 34101 and other matters as the department considers advisable. The department shall submit the report to the irrigation board at the meeting set for the hearing of the petition. All reasonable and necessary expenses incurred by the department in making the report shall be paid for by the persons signing the petition.
(2) Any additional compensation for services rendered on behalf of an irrigation district by members of the irrigation board in addition to official duties of the members shall be provided by the respective governmental agencies from which the original compensation for other various duties and services rendered are received.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34118 - Plans, Specifications, and Costs; Estimates of Proposed Irrigation Projects.

324.34118 Plans, specifications, and costs; estimates of proposed irrigation projects.
Sec. 34118.
The irrigation board shall proceed to secure from a competent engineer plans and specifications and an estimate of the cost of the proposed irrigation project which, when adopted by the board, shall be filed with the chairperson.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34119 - Design Plans of Irrigation Works; Commissioner's Alteration or Deviation; Approval of Department.

324.34119 Design plans of irrigation works; commissioner's alteration or deviation; approval of department.
Sec. 34119.
The commissioners shall not be confined to the points of location, commencement, routes, or termini of the drains, reservoirs, dams, canals, ditches, pumps, or other work, or the number, extent, or size of the same, as proposed by the petitioners, but shall locate, design, lay out, and plan the same in the manner that they determine is best to promote the public welfare and to benefit the lands of the parties interested with the least damage and greatest benefit to all lands affected thereby. All alterations or deviations in the design plans of the irrigation works shall have the final approval of the department.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34120 - Acquisition of Lands or Rights-of-Way.

324.34120 Acquisition of lands or rights-of-way.
Sec. 34120.
The irrigation board shall proceed to secure the lands or rights-of-way necessary for the irrigation project. If the lands or rights-of-way cannot be secured by negotiation, then the irrigation board may proceed under section 34104.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34121 - Advertisement for Bids for Construction; Acceptance and Rejection of Bids; Readvertisement.

324.34121 Advertisement for bids for construction; acceptance and rejection of bids; readvertisement.
Sec. 34121.
The irrigation board shall advertise for bids for construction of the improvements requested in the petition. The contract shall be let to the lowest bidder in accordance with the statutory provisions applicable to award of public contracts, and the irrigation board has the right to reject any and all bids and readvertise the bids.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34122 - Costs of Irrigation District; Computation; Approval.

324.34122 Costs of irrigation district; computation; approval.
Sec. 34122.
Within 10 days after the letting of contracts, or, in case of an appeal, then immediately after the appeal has been decided, the chairperson of the irrigation board shall make a computation of cost of a project under this part, which shall include all preliminary costs, the cost of construction of the improvement, establishment of the special assessment district, the preparation of the tax roll, notices, advertising, printing, financing, legal, professional, engineering, inspection, condemnation expenses, interest on the bonds for the first year if bonds are to be issued and an amount not to exceed 10% of the gross sum to cover contingent expenses, and all other administrative costs incidental to making of the improvement or establishment of the irrigation special assessment district. The chairperson shall submit the computation of cost to the irrigation board for its approval, and, when the computation of cost is approved by the board or amended and approved by the board, it shall become the final computation of cost for the irrigation district.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34123 - Assessment Roll; Description of Lands Benefited; Apportionment of Costs; Objections.

324.34123 Assessment roll; description of lands benefited; apportionment of costs; objections.
Sec. 34123.
The chairperson of the irrigation board, under the direction of the board, shall make out an assessment roll, entering and describing on the assessment roll all the lots, premises, and parcels of land to be assessed, including on the assessment roll all lands benefited by the construction of the irrigation improvement. The assessments shall be based upon benefits to be derived from the proposed irrigation improvement. The irrigation board shall tentatively establish the percentage of the cost of the irrigation improvement which is to be borne by each of the parcels of land assessed on the special assessment roll. After the tentative apportionments and assessment roll is made, the irrigation board shall set a time and place when and where they will meet and hear any objections to the roll.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34124 - Notice of Hearing; Publication; Form.

324.34124 Notice of hearing; publication; form.
Sec. 34124.
Notice of hearing shall be given as prescribed in section 34115 and Act No. 162 of the Public Acts of 1962, being sections 211.741 to 211.746 of the Michigan Compiled Laws, and also by publication at least twice in a newspaper published and of general circulation in the county, the first publication to be at least 20 days before the time of the hearing. The irrigation board shall provide a form to be substantially followed in giving of the notice.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34125 - Hearing on Objections; Scope of Review; Equalization.

324.34125 Hearing on objections; scope of review; equalization.
Sec. 34125.
At the hearing, the irrigation board shall hear the proofs and allegations of all parties interested, shall carefully reconsider and review the description of land comprised within the irrigation improvement special assessment district, the several descriptions, and the apportionment of benefits, and shall define and equalize the district as may seem just and equitable.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-341 - Part 341 Irrigation Districts (324.34101...324.34146) › Section 324.34126 - Special Assessment Rolls; Final Orders and Confirmation; Endorsement; Memorandum of Installments; Conclusiveness.

324.34126 Special assessment rolls; final orders and confirmation; endorsement; memorandum of installments; conclusiveness.
Sec. 34126.
After the hearing, the irrigation board shall enter its final order of apportionment and order of confirmation of the roll and shall make an endorsement upon the roll showing the date of confirmation and when the amount to be raised is to be payable. If the amount is to be payable in more than 1 installment, the irrigation board shall enter on the roll a memorandum of the installments and of the years when the installments shall be spread and shall add a certificate in writing of the determination whether the taxes assessed for benefits shall be paid in 1 or more years. The special assessment rolls shall be dated and signed by the irrigation board and filed on or before the last Wednesday in September of each year in the office of the county clerk of the counties involved. When any improvement special assessment roll is confirmed by the irrigation board, it shall be final and conclusive.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA