The Cass County Water Resources Commissioner is responsible for the establishment, construction and maintenance of approximately 160 storm water management systems (County Drains) in Cass County. These systems are designed to provide storm water management, drainage, and flood and stream protection for urban and agricultural lands. The Water Resources Commissioner also develops standards and specifications for
management of storm water runoff in new developments and protecting receiving waters.
The Water Resources Commissioner is responsible for compiling all accounting records of financial activities for county drains and for preparation and maintaining records of the establishment and operation of all county drains.
Major drain projects are initiated through a petition process. The Water Resources Commissioner may in any one year, without petition, expend up to $5,00.00 per mile, per drain for maintenance and repair. To recover costs, special drain assessments are levied against property owners, local governments, county roads, railroads and state highways benefited by the construction and/or maintenance.
The Water Resources Commissioner is responsible for review and approval of storm water management systems in platted developments under the Michigan Land Division Public Act 591 of 1996 and for private development in response to local government ordinance requirements. The Water Resources Commissioner has the authority to ensure hat established drains and natural water courses, both inside and outside of the plat, be improved or protected to the standards and specifications established by the Water Resources Commissioner.
The Water Resources Commissioner serves on a statutory drainage board to oversee the management of drains established under Chapter 6 and maintained under Chapter 21 of the Michigan Drain Code. This intercounty drainage board consists of the Water Resources Commissioner of each county involved and a Department of Agriculture representative who acts as chairperson of the intercounty drainage board.
Enabling Legislation
The Drain Commission' s office functions under the authority of State legislation. The role of the Drain Commissioner is described in the following acts:
• Michigan Drain Code (Act 40, P.A. of 1956 as amended)
• Land Division Act (Act 288 of 1967, as last amended by Act 87 of 1997)
• Condominium Act (Act 59 of 1978)
• Mobile Home Commission Act (Act 96 of 1987)
• Local Ordinances
Common Law Natural Flow Rights
Petition
A petition is required to establish a new drain or make improvements beyond typical maintenance activities such as repairs to tile, removal of accumulated sediment and debris, and repairs to eroded banks, etc. The petitioning requirements vary for new, existing, or intercounty drains. The Water Resources Commissioner or Drainage Board
will select a qualified engineer to design the drain construction or improvement project including publishing, bidding, review of apportionments, etc.
After receiving a petition the Water Resources Commissioner appoints three people from outside the drainage district to serve as a Board of Determination. Notices are mailed to the entire drainage district that a meeting will be held to discuss the necessity of undertaking improvements to the drain. If the Board of Determination believes that it is necessary to improve the drain, they sign an Order of Determination instructing the Water Resources Commissioner to construct a project to improve the drain.