The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5388 November 16, 1978 INLAND LAKE LEVEL ACT: Respective duties of county drain commissioner and department of natural resources INLAND LAKE LEVEL ACT: Maintenance and repair of lake level project DEPARTMENT OF NATURAL RESOURCES: Inland Lake Level Act COUNTY DRAIN COMMISSIONER: Inland Lake Level Act WORDS AND PHRASES: 'department' The department of the county, as defined in the Inland Lake Level Act, is only authorized to make expenditures of up to $1,500 without petition. If it wishes to spend more than $1,500, it will be necessary for the department of the county to file a petition with the circuit court. The term 'department' in the final sentence of 1964 PA 146, Section 24, Subsection (1) refers to the Department of Natural Resources and not to either the county drain commissioner or, where applicable, the county road commission. Howard A. Tanner Director Department of Natural Resources Stevens T. Mason Building Lansing, Michigan 48909 You have requested my opinion concerning the 'Inland Lake Level Act of 1961,' 1961 PA 146, MCLA 281.61 et seq, MSA 11.300(1) et seq. Your first question asks: What are the respective duties of the County Drain Commissioner and the Department of Natural Resources under 1961 PA 146, supra, Sec. 24. 1961 PA 146, supra, Sec. 2, provides: 'As used in this act: (e) Department means the county drain commissioner or the county road commissioner in counties not having a drain commissioner, and if more than 1 county is involved the combined drain commissioners. . . . (g) Conservation department is the state conservation department (1). . . .' A different nomenclature is used, however, in 1961 PA 146, supra, Sec. 24, as a result of amendments adopted by 1969 PA 175. As originally enacted, Section 24 provided: 'The department of each county shall make an annual inspection of all inland lakes within the county which have a normal level established under this act or any previous act governing lake levels. Whenever inspection discloses the necessity, the department without petition may expend an amount not to exceed $500.00 for maintenance and repair of each lake level project. If the funds of the department are not sufficient to meet this expenditure the department shall charge the special assessment district therefor according to benefits received.' After amendment by 1969 PA 175, Section 24 now provides: '(1) The department of each county shall cause an inspection to be made of each control structure on all inland lakes, natural or artificial, within the county which have a normal level established under this act or any previous act governing lake levels by a registered professional engineer every 3 years from the date of completion of new dams. An inspection report shall be submitted promptly to the director of the department of natural resources in such form and manner as he may prescribe. If the report discloses any need for repairs or any change in condition of the dam that relates to its safety, the department, after inspection, may require the department of the county either to make necessary repairs within 6 months following the inspection or to remove the dam if public safety is endangered. '(2) Any person failing to comply with any of the foregoing provisions, or falsely representing dam conditions is guilty of misconduct in office. '(3) Whenever inspection discloses the necessity, the department without petition may expend an amount not to exceed $1,500.00 for maintenance and repair of each lake level project. If the funds of the department are not sufficient to meet this expenditure the department shall charge the special assessment district therefor according to benefits received.' (emphasis added) It is apparent that as used in Section 24(1) only (a) The word 'department,' emphasized above, means the 'department of natural resources,' while (b) the word 'department of the county' means 'the county drain commissioner or the county road commissioner in counties not having a drain commissioner.' It is only by such construction that meaning can be given to the section. In that regard I note that judicially established standards of construction include: 'The primary rule governing the interpretation of statutes is to ascertain and give effect to the intention of the legislature, all other rules serve but as guides to assist the courts in determining such intent with a greater degree of certainty.' Dussia v Monroe County Employees Retirement System, 386 Mich 244, 191 NW2d 307, (1971) Effect must be given, if possible, to every clause and word of a statute. City of Grand Rapids v Crocker, 219 Mich 178, 189 NW 221 (1922). Absurd results must also be avoided. Webster v Rotary Electric Steel Co, 321 Mich 526, 33 NW2d 69 (1948). Thus, the term 'department' in the last sentence of 1961 PA 146, Section 24, Subsection (1), as last amended by 1969 PA 175, supra, must refer to the Department of Natural Resources and not to either the county drain commissioner or, where applicable, the county road commission, for the latter construction would serve to make the county department ordering itself to make the necessary repairs. Consistent with this construction of 1961 PA 146, supra, Sec. 24, the respective duties of the County Drain Commissioner and the Department of Natural Resources are: 1. The County Drain Commissioner shall cause an inspection to be made of each control structure on all inland lakes, natural or artificial, within the county, which have a normal level established under Act 146 or any previous act governing lake levels by a registered professional engineer every three years from the date of completion of new dams; 2. The County Drain Commissioner shall promptly submit the last described inspection report to the Director of the Department of Natural Resources in such form and manner as the Director may prescribe; 3. If the report discloses any need for repairs or any change in condition of the dam that relates to its safety, the Department of Natural Resources, after an inspection undertaken by the Department of Natural Resources, may require the County Drain Commissioner to either make necessary repairs within six months following the last inspection or to remove the dam if public safety is endangered. Your second question asks what procedures are to be followed by county drain commissioners in making necessary repairs or maintenance where the cost is estimated to exceed $1,500.00. Section 24(3) of 1961 PA 146, supra, provides: 'Whenever inspection discloses the necessity, the department without petition may expend an amount not to exceed $1,500.00 for maintenance and repair of each lake level project. If the funds of the department are not sufficient to meet this expenditure the department shall charge the special assessment district therefor according to benefits received.' (emphasis added) It will be noted that the provision in the statute which had authorized expenditure for repair, maintenance, reconstruction, relocating, enlarging or altering lake level projects in excess of that amount was section 25. This section 25, however, was repealed by 1969 PA 175. The result of this repeal is that there is no procedure by which expenditures in excess of $1,500.00 for maintenance and repair may be made 'without petition'. It is therefore my opinion that the department of the county is only authorized to make expenditures of up to $1,500.00 without petition. If it wishes to spend more than $1,500.00 it will be necessary for the department of the county to file a petition with the circuit court. Frank J. Kelley Attorney General (1)