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RE: E-M:/ RE: / Michigan Citizens for Water Conservation Press Release - Vict...

Title: Message
A key issue may the Judge's view that riparian interests take precedence over groundwater interests - if one riparian's interest versus another's is judged based on "reasonable use" why is zero impact by groundwater use on riparian necessary? whether the water is pumped from the ground or from a lake seems to make little difference  - it would appear that state of the law under Judge Root would be if the same volume was pumped from the lake it may be ok but it cannot be pumped from the ground?  a strange outcome.
-----Original Message-----
From: Sadewass@aol.com [mailto:Sadewass@aol.com]
Sent: Monday, December 15, 2003 1:19 PM
To: Trigger, Grant R.; tswier@hotmail.com; enviro-mich@great-lakes.net
Subject: Re: E-M:/ RE: / Michigan Citizens for Water Conservation Press Release - Vict...

Riparian water law in Michigan has long been that "Reasonable Use" is restricted to use on the riparian property.  It does not include the right, for example to pump water out of a lake to irrigate non riparian property.  A farmer that sells off his/her lakefront property for housing has forever and irrevocably lost riparian rights and "reasonable use" is off the table.  He/she can never irrigate from the lake again because once severed, riparian rights cannot be reassembled.
It would not surprise me, however, if Grant is right about an appeal being quite likely successful.  Our ultra conservative Republican courts often ignore finders of fact and appropriate case and common law unless they fit their political persuasion.  They often select and/or create laws to support their position, while claiming to be "strict constructionists."  If they do select "reasonable use" as their standard in this case, they will be expanding the concept far beyond what has been done before and will be putting all of our lakes, streams, groundwater, and even the Great Lakes at risk.     
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