MCWC: Setback for water rights in Michigan
For
immediate release
Contact: Terry Swier, President, Michigan Citizens for Water
Conservation 231.972.8856
Jim Olson, Attorney for Michigan Citizens for Water Conservation
231.946.0044
Mecosta, Michigan, December 16, 2003 – The Appeals Court has issued
a stay of Judge Roots Injunctive Order in favor of Nestle. “This of
course is no indication on the merits of the case, nor does it
impact Judge Lawrence Root’s November 25 decision, we have won the
case and will pursuer this in the Appeals Court,” said Jim Olson,
council for Michigan Citizens for Water Conservation.
Michigan Citizens for Water Conservation has been in a three year
epic struggle to protect the integrity of riparian rights and
Michigan water law, and to protect the riparian rights invaded and
reduced by Nestlé's pumping from the Sanctuary well field, as
determined by the trial court after an extensive trial and
consideration of the company's selfish desire to pump only spring
water that feeds the lakes and streams. The company diverts and
sells the water, but has wormed its way into the government with the
help of the employees whose jobs it is terminating because of the
harm and invasion of water rights and the environment, and the help
of the unwitting business community. MDEQ with the DEPARTMENT OF
LABOR, filed a motion and brief as amicus curiae this afternoon with
the Court of Appeals, IN SUPPORT OF NESTLÉ'S UNFOUNDED REQUEST FOR
STAY OF TWO DECISIONS BY THE TRIAL COURT TO UPHOLD AN INJUNCTION
BASED ON THE ENTIRE RECORD OF THE TRIAL.
The
stay in Nestlé’s favor, engineered by Nestlé’s and the Chamber of
Commerce, is an insult to the rights and hope of the majority of
citizens of Michigan, the judicial process, and those who have
sacrificed thousands of hours and thousands of dollars to bring this
struggle this far. Terry Swier, President of Michigan Citizens for
Water Conservation said, “At a time when the MDEQ and Administration
should have jumped in and rolled-up their sleeves to help MCWC, it
sat on the sidelines while ordinary citizens and their attorneys,
without resources other than commitment to what is right, pursued
the matter to a positive, sound result, one that the Administration
and MDEQ should be proud of, thankful for, and support from here
forward.”
We need
a call for justice, integrity, and unity for the environmental
community and citizens of Michigan. Everyone must give and do what
they can, and we must meet and articulate for the public and,
hopefully, an open minded Administration what is best and right for
Michigan water and its citizens and businesses. Everyone needs to
write, email, call the administration and anyone you can think of to
join in this unified effort. Those of you who lead organizations,
take charge of what you can do, leave the past commitments behind;
it is time to rally, speak out independently, firmly, cooperatively,
but without compromise of basic principles and integrity. This we
owe to our children and future generations. Governor Granholm, the
MDEQ and the legislature must be urged to join citizens and help
lead, and not join or support the special interests of international
food giants who seek only to profit off Michigan’s water in exchange
for a few jobs.
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