Best Water Law Lawyers in Michigan

About Water Law in Michigan, United States

Water Law in Michigan governs the rights, usage, and management of water resources, including lakes, rivers, groundwater, and wetlands. These laws arise from a combination of state statutes, court decisions, common law doctrines, and federal regulations. Michigan is uniquely situated with vast freshwater resources, including the Great Lakes, making water law a critical field in the state. Water law addresses public and private rights, allocation, pollution control, usage restrictions, and permits necessary for water use and development.

Why You May Need a Lawyer

Legal issues involving water can arise for a variety of reasons in Michigan. You may need a water law attorney for situations such as:

• Disputes over riparian or littoral rights if you own waterfront property
• Navigating permits for wells, water withdrawal, or wetland alteration
• Addressing alleged water contamination, runoff, or pollution from neighboring properties or businesses
• Developing property or building near a body of water, such as docks or seawalls
• Understanding your rights when a waterway borders multiple properties
• Compliance with environmental and water quality regulations
• Participating in agricultural irrigation or drainage issues
• Disputes with government entities over water allocation or conservation orders

A lawyer can help clarify your rights, prevent legal conflicts, and represent you in administrative hearings or court, ensuring compliance with complex water regulations.

Local Laws Overview

Michigan water law is shaped by state statutes, administrative rules, and common law doctrines like riparian and groundwater rights. Some key aspects include:

• Riparian Rights: Property owners next to inland lakes or streams generally have the right to reasonable use of water, as long as it does not unreasonably interfere with others’ rights.
• Littoral Rights: Apply to property along the Great Lakes, often with different considerations than inland waters.
• Water Withdrawal: The Michigan Water Withdrawal Assessment Tool and state statutes regulate large-quantity water withdrawals to protect water resources.
• Wetlands Protection: Permits may be required from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) for activities that impact wetlands, lakes, streams, or floodplains.
• Public Trust Doctrine: Certain waters are held in trust by the state for the public-especially the Great Lakes. Obstructions, pollution, or privatization may be limited by law.
• Water Pollution Law: State and federal laws strictly limit discharging pollutants into surface or groundwater. The Michigan Natural Resources and Environmental Protection Act (NREPA) is especially important.
• Drain Code: Local drainage issues are often governed by Michigan’s Drain Code, which relates to agricultural and municipal drainage, flood control, and water management.

Every situation is unique, and different laws may apply depending on the location and type of water involved.

Frequently Asked Questions

What are riparian rights and who has them in Michigan?

Riparian rights belong to property owners whose land directly touches a natural watercourse, like a lake or stream. These rights include access to and reasonable use of the water, subject to regulations and not harming other riparian owners.

Can I build a dock or seawall on waterfront property?

In most cases, you must get a permit from EGLE before constructing a dock, seawall, or other structures in inland lakes, streams, or along the Great Lakes shoreline. Local ordinances and homeowners associations may also need to be consulted.

How do water use regulations differ between the Great Lakes and inland waters?

Great Lakes properties are subject to the public trust doctrine and littoral rights, while inland waters are governed primarily by riparian rights. Rules for access, use, and development may differ accordingly.

What do I do if my neighbor is diverting or using more than their fair share of water?

You may be entitled to legal relief if your neighbor’s actions unreasonably interfere with your riparian rights. Consulting a water law attorney is the best way to resolve disputes and understand your legal options.

Are permits required to withdraw groundwater?

Large-quantity withdrawals often require a permit and a site-specific review through Michigan’s Water Withdrawal Assessment Tool. Smaller private wells for household use may not require state permits, but local rules can apply.

What is the public trust doctrine?

The public trust doctrine means certain water bodies, especially the Great Lakes, are managed by the state for public use, such as navigation, fishing, and recreation. Some uses and developments may be restricted to protect these interests.

Who regulates water pollution in Michigan?

Water pollution is regulated by both EGLE at the state level and the US Environmental Protection Agency (EPA) at the federal level. Discharging pollutants without a permit is strictly prohibited.

Can I drain wetlands on my property?

Draining or altering wetlands usually requires permits from EGLE. Wetlands protection laws are robust in Michigan to prevent loss of habitat and manage flood risks. Unauthorized alterations can result in significant penalties.

How are water rights handled in agricultural areas?

Farmers may need to comply with both riparian and groundwater laws, as well as follow the state’s water withdrawal and agricultural run-off regulations. The Michigan Drain Code may govern local drainage systems.

What should I do if I suspect water contamination on my property?

Contact EGLE to report suspected contamination and seek the advice of a water law attorney immediately. Laws protect property owners and nearby users from exposure to hazardous substances, and there are processes for investigation and remediation.

Additional Resources

• Michigan Department of Environment, Great Lakes, and Energy (EGLE): The main agency overseeing water quality, permitting, wetland protection, and enforcement.
• Michigan Water Withdrawal Assessment Tool: A resource for assessing large water withdrawals and permit requirements.
• Local County Drain Commissioners: Handle local drainage concerns and the administration of Michigan’s Drain Code.
• Michigan Courts: For reviewing disputes resolved through legal proceedings in water law cases.
• State Bar of Michigan - Environmental Law Section: Offers resources and directories for attorneys specializing in water law.
• Environmental Protection Agency (EPA): For federal water quality regulations and resources affecting Michigan residents.

Next Steps

If you are facing a water-related legal issue or need guidance on your rights and responsibilities under Michigan water law, consider taking the following steps:

• Gather all relevant documents, permits, correspondence, maps, and photographs concerning your property and water issue.
• Contact the appropriate governmental agency, such as EGLE or your local county drain office, for clarification or to report any problems.
• Consult a qualified water law attorney with experience in Michigan regulations, especially if your concerns involve disputes, compliance, or enforcement matters.
• Monitor deadlines for permit applications, objections, or court filings-missing these can impact your legal rights.
• Stay informed about the latest updates to water-related statutes and local ordinances, especially if you own or manage land near water resources.

Water law in Michigan is complex but critical to protecting your rights and the state’s valuable water resources. Legal advice tailored to your specific situation will help ensure compliance and resolve disputes efficiently.