How do common law and statutory law interact in water law?

In Michigan, common law and statutory law both play an important role in water law. Common law is based on judicial decisions and legal customs, while statutory law is based on the state legislature. Common law is important for water law in Michigan because state courts can decide cases involving water rights based on established common law principles. These principles include "first in time, first in right," which means that the individual who uses the water first has the first right to the water. Common law also states that a certain amount of water needs to be left for downstream users, usually called riparian rights. Statutory law is also important for water law in Michigan. Statutes can assign specific duties and rights to landowners, such as the right to withdraw a certain amount of water from a river or lake. Statutes can also create regulations regarding how water is used and how it is managed, for example, by prohibiting certain kinds of water pollution. Finally, statutes can also create taxes and fees related to water use, as well as provide funding for water conservation and management initiatives. Overall, common law and statutory law both play an important role in water law in Michigan and interact in a variety of ways. Common law sets the general principles for how water rights are determined, while statutory law provides additional guidance and regulation regarding how water is used.

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How do common law and statutory law interact in water law?

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