Environment, Great Lakes and Energy - Water Resources Division - Water Resources Protection -- Part 15. Use of Water in Mining Low Grade Ore

Published: 1979

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(By authority conferred on the water resources commission by sections 2 and 5 of

Act No. 245 of the Public Acts of 1929, as amended, sections 33 and 63 of Act No. 306

of the Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being

SS323.2, 323.5, 24.233, and 24.263 of the Michigan Compiled Laws)


R 323.1351 Definition.

Rule 351. As used in this part, "beneficiation act" means Act No. 143 of the Public

Acts of 1959, being SS323.251 to 323.258 of the Michigan Compiled Laws.

History: 1979 AC.

R 323.1352 Applications.

Rule 352. An application filed under the beneficiation act for a permit to drain,

divert, control or use water for the operation of low grade iron ore mining property shall

be in letter form, supplemented by maps, charts, and data, setting forth in detail the

location of the mining property, the necessity for the proposed water use development,

the waters to be affected thereby including information on the points of drainage,

diversion, control or use, the natural conditions and variations of the waters involved

and the effects thereon from the proposed development. The application shall be signed

by the operator of the mining property or his duly authorized representative and shall be

filed in duplicate with the executive secretary of the commission.

History: 1979 AC.

R 323.1353 Permits.

Rule 353. A permit issued under the beneficiation act for diversion or control of

water is valid only during such times as the permittee maintains in proper operation

devices to measure and record:

(a) The amount of water being diverted.

(b) The flow in streams below the diversion or control, if the permit is conditioned

on reservation or maintenance of a specified minimum stream flow.

History: 1979 AC.

R 323.1354 Hearings.

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Rule 354. (1) The 2 notices of hearings required by the beneficiation act shall be

published at intervals of 1 week or more and the last notice shall be published 2 weeks

before the scheduled hearing date.

(2) All evidence, including records and documents in possession of the commission

of which it desires to avail itself, and excepting those materials excluded by section

22 of Act No. 306 of the Public Acts of 1969, shall be offered at the public hearing

and made a part of record in a case brought under the beneficiation act. Documentary

evidence may be received in the form of copies or excerpts or by incorporation by

reference. A hearing may be continued as necessary to permit the submittal of additional

evidence. A permit will not be issued in a case where the commission deems the

evidence submitted to be insufficient for determining that its exercise would not

unreasonably impair the interest of the public or of riparians in lands or waters or the

beneficial use thereof and would not endanger the public health or safety.

(3) Procedures for hearings shall be those as provided in part 3 of the general rules.

History: 1979 AC.

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