What are the primary sources of water law?

Water law regulates the uses of water and is a complex amalgam of common law, state statutes, and administrative regulations. In Michigan, the primary sources of water law are Michigan’s Constitution, the Michigan Inland Lake and Streams Act (ILSA), the Safe Drinking Water Act, the Great Lakes—St. Lawrence River Basin Water Resources Compact, the Public Trust Doctrine, the Natural Resource and Environmental Protection Act, and numerous other statutes and regulations. Michigan’s Constitution grants the state exclusive authority to regulate and manage the state’s waters. This power is exercised primarily through the Michigan Inland Lake and Streams Act, which regulates public access to inland lakes, streambeds, and associated wetlands, as well as the construction of dams, bridges, and other water-related structures. The Safe Drinking Water Act sets standards for the quality of public drinking water, while the Great Lakes—St. Lawrence River Basin Water Resources Compact protects the Great Lakes from excessive or wasteful water diversions. Finally, the Public Trust Doctrine grants the state the right to regulate and manage public waters for the public’s benefit, while the Natural Resource and Environmental Protection Act establishes standards for the protection of the state’s natural resources and environment, including its waters. In sum, the primary sources of water law in Michigan are Michigan’s Constitution, the Michigan Inland Lake and Streams Act, the Safe Drinking Water Act, the Great Lakes—St. Lawrence River Basin Water Resources Compact, the Public Trust Doctrine, and the Natural Resource and Environmental Protection Act. These laws are in place to protect the water sources and resources of Michigan and to ensure their safe and responsible use.

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