(i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

Agreement: means the document entitled "Great Lakes protection fund agreement" signed by the governor on February 26, 1989. See Michigan Laws 324.33101

Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302

Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101

All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312. See Michigan Laws 324.21302

Allegation: something that someone says happened.

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.

Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Appraisal: A determination of property value.

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization

Aquifer: means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn. See Michigan Laws 324.32801

Arrest: Taking physical custody of a person by lawful authority.

Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701

Assessment tool: means the water withdrawal assessment tool provided for in part 327. See Michigan Laws 324.32801

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101

Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Base flow: means groundwater discharge to rivers and streams. See Michigan Laws 324.32801

Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.

Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is a site. See Michigan Laws 324.21302

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Board: means the Michigan Great Lakes protection fund technical advisory board created in section 32908. See Michigan Laws 324.32901

Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101

Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701

Commission: means the commission of natural resources. See Michigan Laws 324.301

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Compact: means the Great Lakes-St. See Michigan Laws 324.32701

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.

Conflict areas: means an aquifer or a portion of an aquifer in which the department has determined that there is reasonable, scientifically based evidence of a pattern of groundwater withdrawal conflicts or a single extended groundwater withdrawal conflict. See Michigan Laws 324.32801

Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.21302

contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302

Contract: A legal written agreement that becomes binding when signed.

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302

Council: means the Great Lakes-St. See Michigan Laws 324.32701

Council: means the water use advisory council created under section 32803. See Michigan Laws 324.32801

County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101

Cybersecurity incident: includes , but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities. See Michigan Laws 15.232

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Decedent: A deceased person.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301

Department: means the department of environmental quality. See Michigan Laws 324.32701

Department: means the department of environmental quality. See Michigan Laws 324.32801

Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301

Dependent: A person dependent for support upon another.

Devise: To gift property by will.

Director: means the director of the department of natural resources. See Michigan Laws 324.301

Director: means the director of the department. See Michigan Laws 324.32801

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Ex officio: Literally, by virtue of one's office.

Executor: A male person named in a will to carry out the decedent

Executrix: The female counterpart of an executor. See also

Fiduciary: A trustee, executor, or administrator.

Field name: means the label or identification of an element of a computer database that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout. See Michigan Laws 15.232

firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

FOIA coordinator: means either of the following:

    (i) An individual who is a public body. See Michigan Laws 15.232

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101

Forest trail: means a designated path or way that is not a route. See Michigan Laws 324.81101

Fund: means the Michigan Great Lakes protection fund created in section 32905. See Michigan Laws 324.32901

fund: means the Great Lakes protection fund approved in the agreement. See Michigan Laws 324.33101

Governing board: means a board of regents, board of trustees, board of governors, board of control, or other governing body of an institution of higher education. See Michigan Laws 15.181

Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302

Groundwater: means water below the land surface in a zone of saturation. See Michigan Laws 324.32801

Groundwater withdrawal conflict: means the failure of an existing water well that was constructed in compliance with part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.32801

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Highway: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101

in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q

Incompatible offices: means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, results in any of the following with respect to those offices held:

    (i) The subordination of 1 public office to another. See Michigan Laws 15.181

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Institution of higher education: means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963. See Michigan Laws 15.181

Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.

Inter vivos: Transfer of property from one living person to another living person.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.32701

Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

local unit: means a municipality or county. See Michigan Laws 324.301

Local unit of government: means a city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.21302

Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101

Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101

Majority leader: see Floor Leaders

Mineral: means that term as defined in section 2 of the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b

Municipality: means a city or village. See Michigan Laws 324.81101

New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701

Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101

Operate: means to ride in or on, and be in actual physical control of, the operation of an ORV. See Michigan Laws 324.81101

Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303

Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101

ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101

Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303

Owner: means any of the following:

    (i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Peace officer: means any of the following:

    (i) A sheriff. See Michigan Laws 324.81101

Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 15.232

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Person with a disability: means an individual who has 1 or more of the following physical characteristics:

    (i) Blindness. See Michigan Laws 324.81101

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

    (i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303

Public body: means any of the following:

    (i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. See Michigan Laws 15.232

Public employee: means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment. See Michigan Laws 15.181

Public highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.21303

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public officer: means a person who is elected or appointed to any of the following:

    (i) An office established by the state constitution of 1963. See Michigan Laws 15.181

Public record: means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. See Michigan Laws 15.232

Qualified taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Registrant: means a person who has registered a water withdrawal under section 32705. See Michigan Laws 324.32701

Regulated substance: means any of the following:

    (i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303

Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701

Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101

Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

seal: shall be construed to include any of the following:

    (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

session days: means any calendar day on which the commission meets and a quorum is present. See Michigan Laws 15.212

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Shall: is a lways mandatory and "may" is always discretionary. See Michigan Laws 206.2

Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101

Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303

Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701

Software: means a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. See Michigan Laws 15.232

Southern county: means Muskegon, Kent, Ionia, Clinton, Shiawassee, Genesee, Lapeer, or Macomb County, or a county lying south of the territory constituted by these counties. See Michigan Laws 324.81101

Specialty court program: means a program under any of the following:

    (i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 324.81101

state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o

Static water level: means the distance between the ground surface and the water level within a well that is not being pumped. See Michigan Laws 324.32801

Statute: A law passed by a legislature.

Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701

Street: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101

Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:

    (i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303

threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.21303

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Traffic lane: means a clearly marked lane on a roadway. See Michigan Laws 324.81101

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trustee: A person or institution holding and administering property in trust.

Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Unmaintained portion: means the portion of a street, county road, or highway that is not the maintained portion. See Michigan Laws 324.81101

Uphold: The decision of an appellate court not to reverse a lower court decision.

vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101

Visual supervision: means the direct observation of the operator with the unaided or normally corrected eye by an observer who is able to come to the immediate aid of the operator. See Michigan Laws 324.81101

Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701

Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content. See Michigan Laws 15.232

Written request: means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means. See Michigan Laws 15.232