2006 House Joint Resolution W

Repeal riparian water use doctrine and restrict diversions

Introduced in the House

April 25, 2006

Introduced by Rep. Pam Byrnes (D-52)

To place before voters in the next general election a Constitutional amendment to require legislative approval for any diversion outside the Great Lakes basin of the "waters of this state," except for a "consumptive use," meaning water that has become part of an agricultural product, but not bottled water. The measure would establish a new legal framework under which the "waters of this state," presumably including groundwater, would be held by the state in trust. Under current law the owner of real property has a property right in the reasonable use of groundwater to the extent it does not diminish the ability of neighboring property owners to obtain water. This property right would no longer exist, and instead the use of ground water would be subject to state approval and regulation.

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment