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Legislators Move to Water Down Your Rights

In November of 2008, Ohio voters approved an amendment to their state constitution that protected property owners’ groundwater rights. Even though Ohio statutes already provided that protection, the legislators wanted to be certain that no future government would be able to take that valuable right from Ohioans.

From the inception of statehood, ground water in Michigan has been the property of the surface owner. Michigan, as Ohio, has been blessed with abundant water reserves. Data reveals that there are few locations in this state where the water table is more than thirty feet below the surface. Even though this is true, House Bill 5319 would take this valuable property right from the landowner and transfer it to the state. The former owner of the water (the landowner) would be required to purchase a permit from the state to remove the water that was taken from him.

This proposed change is dangerous for two reasons. First it reduces the value of surface owners’ property. A valuable right would be taken without compensation. Further elimination of private property rights is a dangerous road. Second, it places another impediment to businesses considering locating in Michigan. Our abundance of water is an asset to these job creators. They are now able to remove reasonable amounts for their activities that provide employment. Adjacent surface owners are statutorily protected from any enterprise removing too much water.

Even though it may be too late for this legislation to pass during the current session, those who believe in state ownership of property will be back. Instead, the Michigan legislature should look to Ohio’s example.

For more information see Public Trust Should Not Be Trusted.

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