How are water rights determined?

Water rights in Michigan are determined by the Michigan Department of Environment, Great Lakes and Energy (EGLE). EGLE manages Michigan’s surface water resources by issuing permits, monitoring water quality, and authorizing the withdrawal, storage and use of water. With water being a valuable natural resource, EGLE strives to ensure that equitable and reasonable water use is maintained throughout the state. Water usage rights are granted through a permit system, where any entity wishing to use or withdraw water must first apply for a permit. Each permit is assigned a priority date, which is used to determine the order in which the water may be used. This ensures that all users with permits receive their share of the resource. Applicants for a water withdrawal permit must specify the amount of water they seek to draw and how it is going to be used. EGLE will review the application to make sure that the proposed use is reasonable and equitable, with consideration given to other existing users and potential environmental impacts. In addition, Michigan has a Right of Reasonable Use doctrine, which states that all users of water are entitled to a “reasonable” use of the resource. This means that no single user can take all of the water for their own use. To determine how much water each user is entitled to and preserve the resource for future use, EGLE reviews and approves each withdrawal permit.

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