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05.19.04 "Bottled water boycott: An idea whose time has come" by Dave Dempsey, Lansing City Pulse
05.07.04 "Judge orders Nestlé to pay legal fees" by MCWC
03.19.04 "Huge water bottler scouting this area" by Beth Anne Piehl, Petoskey News-Review
12.27.03 "State action in Ice Mountain case signals trouble" Detroit Free Press (Editorial)
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OTHER RESOURCES

Michigan Citizens for Water Conservation: www.savemiwater.org
MCWC's Five-Point Plan for Water Stewardship in Michigan 
Judge Lawrence Root's Opnion in MCWC v. Nestle 
MDEQ/Granholm Amicus Brief 
2001 Legal Opinion of Attorney General Jennifer Granholm on Ice Mountain Bottling Case 
 

06.28.04 


Michigan asked to cut water exports

Groups want pledge from state lawmakers


Michigan environmental groups today are to reveal their plans for a pledge campaign they have devised in hopes of getting a commitment on Great Lakes water withdrawals from the state Legislature.

Legislators will be asked to return a signed pledge by July 12 to support bringing Michigan into compliance with a 1985 gubernatorial charter that calls for the eight Great Lakes states to curb diversions and bulk water exports.

The 1985 agreement called upon all Great Lakes states to register companies that use 100,000 gallons of water or more a day. It is a nonbinding accord among the region's governors, their first effort to stand together against unregulated withdrawals. But Michigan, which is surrounded by Great Lakes water, was the only state that never followed through by having the Legislature pass legislation to what then-Gov. Jim Blanchard had signed.

"This is something Michigan hasn't come on board with," Jeff Irwin, Michigan League of Conservation Voters executive director, said. "Michigan needs to be a regional leader."

Bringing the state into compliance with a 19-year-old agreement is more than symbolic, said Noah Hall, water programs manager for the National Wildlife Federation's Great Lakes office in Ann Arbor, Mich.

It should help facilitate passage of an updated version, called Annex 2001.

"The other states are looking for that showing of good faith from Michigan," Mr. Hall said.

Annex 2001 is an agreement in principle that Great Lakes governors made at a summit in Niagara Falls, N.Y., three years ago to update the 1985 accord. They were advised to do so by a team of lawyers hired by the Chicago-based Council of Great Lakes Governors, the latter of which Gov. Bob Taft chairs.

The legal team had told the governors that changes in international law, prompted by the passage of the North American Free Trade Agreement, had left the region vulnerable to diversions and bulk water exports of Great Lakes water because water could be viewed as a tradable commodity like forestry products or natural gas.

The issue came to light after an Ontario group obtained - and then relinquished, under pressure from the U.S. and Canada - a permit to ship Lake Superior water to Asia in 1998.

The National Wildlife Federation claimed a recent poll showed 79 percent of Michigan residents opposed massive diversions or exports of water. But officials have said the greatest threat may come from urban sprawl, as people leave cities in the Great Lakes basin for suburbs that lie just outside of it.

The intent of Annex 2001 is to strengthen the 1985 agreement by making it binding, closing legal loopholes, and involving Canada's two Great Lakes provinces - something which had been overlooked in the earlier agreement. The governors and premiers have said they ultimately want to establish regional control over the lakes, the world's largest collection of fresh surface water.

The final draft of the annex is due out in mid-July, Dick Bartz, Ohio Department of Natural Resources water division chief, said.

In a sweeping, eight-page speech about water in January, Michigan Gov. Jennifer Granholm urged the state's Legislature to bring Michigan into compliance with the 1985 agreement herself. She called the state's failure to do so "an embarrassment."

Officials have said it's complicated matters in other ways for Michigan, especially in regard to growing concerns about the groundwater that replenishes the lakes.

Monroe County landowners, for example, have had little recourse when their private water wells have gone dry due to quarrying and other nearby activities. That's because Michigan has no limits on groundwater withdrawals.

The issue gained a higher profile last year, when a judge relied on common law to order Nestle Ice Mountain to cease its spring-fed water withdrawals, due to alleged impacts on Mecosta County groundwater supplies. Nestle has been allowed to resume operation while the appeal is being heard.

Mr. Irwin said the groundwater issue is related to the big picture of Great Lakes diversions and exports.

"We just really think the Legislature needs to get off their duffs and draw a line as to what a large water withdrawal is," he said.

Contact Tom Henry at:
thenry@theblade.com
or 419-724-6079.

 
 

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