by michigan IMC

May 2003Modified: 05/16 09:46 EST
The fight against water privatization continues in Mecosta County, Michigan. There, the citizens group Michigan Citizens for Water Conservation is engaged in a legal battle with Ice Mountain Water, alleging that the bottling plant violaties Michigan's public trust principles. MCWC lawyers argue that Michigan's public lakes and streams are entrusted as a common good to the people of the state, and can therefore not be sold for profit. Ice Mountain has been pumping 100 gallons per minute (gpm) from the Great Lakes Basin and hopes to increase that amount to 400 gpm. When the Ice Mountain company arrived in Michigan in early 2002, it was immediately met with creative opposition by grassroots organizations such as MCWC and the statewide anti-privatization group, Sweetwater Alliance. While most of MCWC's energy has been concentrated on the legal dimensions of the situation, the Sweetwater Alliance has tended to focus on more public actions, from blockades to a 'Reclaim the Stream' canoe flotilla. The trial began on May 5, and is expected to last over three weeks. [Sweetwater Alliance | MCWC | May 13 feature | March 3 feature | Feb 21 feature] Click below for latest trial updates
trial updates from MCWC, most recent first. 5/16 update--Chris Schaffer finished cross-examining Dr. Barbara Madsen and called Dr. Chris Grobbel to the stand. Dr. Grobbel presented historical data of the Sanctuary Site before the dam and the impoundment. The next witness for the plaintiffs was Dr. Mark Luttenton an expert in aquatic ecology and fishes. Dr. Luttenton made three visits to Dead Stream and found small feeder fish; northern pike, two of them being 24 inches; yellow perch eggs; and brook trout. Conclusion, Dead Stream supports spawning of these fish. Taking into consideration the flow, temperature, and habitat of Dead Stream, Dr. Luttenton believes it to be very sensitive to change even minor changes. The changes he sees happening to Dead Stream are high levels of nitrogen and phosphorus; the phosphorus coming from the deer herd on the Sanctuary Site, increase in aquatic plant growth; and a warming trend of the stream. If the Dead Stream is drawn down 1-2 inches the impacts will be: the northern pike will not be able to spawn, there will be a loss of juvenile fish, sediment will be exposed near the Doyle property, and the water will be altered in the way it moves through the channel. Thompson Lake will also be altered if the lake drops by 3-6 inches. There will be a loss of fish habitat, the wetlands around the edge of the lake will be altered, and several years of spawning of fish. As MCWC finished calling witness; Nestle asked for a motion to dismiss the case on the grounds that MCWC did not demonstrate reasonable use to show actual injury of ground water and surface water. The court will take this under advisement. Jim Olson declared Nestle is taking part of riparian owners water and is shipping it off track. Mr. Devries, of Nestle?s legal counsel did admit in court that it has shipped bottle water outside the Great Lakes Basin. Not a surprise to us in MCWC. The defendants called as its first witness Greg Fox at 4:00 in the afternoon. The court was adjourned at 5:00 and will meet again at 9:00 AM on Friday. 5/13 update--Dr. David Hyndman, MCWC's hydrology expert, spent another day on the witness stand being cross examined by Nestle and redirected by Jim Olson, legal counsel for MCWC. Dr. Hyndman's modeling was to accurately depict ground water levels. His data from the modeling also is used to predict the impact to wetlands, lakes and streams. The modeling data concludes that the level of Thompson Lake and Ospery Lake will drop, the flow of Dead Stream will be reduced, and some of the wetlands will drop by as much as 2 feet. Dr. Hyndman was a superb witness and explained to the court and those who attended the trial the relationship of pumping to water level flows. It was an education for those of us who attended to better understand wetland systems, the impacts of pumping, and the connection of surface waters. The trial will begin again Wednesday morning at 9:00 am at the Mecosta County Courthouse at 300 Elm St., Big Rapids, MI..

5/9 update--Michigan Citizens for Water Conservation v Nestle has completed its first of three weeks of testimony. MCWC won an early victory before Judge Root regarding riparian law. In October 2002, Judge Root ruled that riparian law did not apply. On Monday, Judge Root reversed his decision on riparian law and the riparian rights issues is now back in the case. Jim Olson, Chris Shaffer, David Hyndman, Walt Welch, Jeff Sapp, Paul Sapp, R.J. Doyle, Lee Fickes, Ceo Bauer, Kevin Doyle, Fred Lawrence, Greg Jehnzen, Mary Ellen Bouwkamp, and Greg Bouwkamp all have done an outstanding job. David Hyndman will continue with his testimony on Monday. Listening to MCWC's lawyers, riparian landowners, and MCWC's experts, one can gain a better understanding of the case and what the residents of Michigan are facing. The law and facts are being presented and the judge will decide whether Nestle/Perrier/Ice Mountain's private diversion and sale of 210 million gallons of water a year off-tract and out of the watershed is unreasonable and the affects on riparian landowners. The David and Goliath fight continues. MCWC asks all residents of Michigan to join with us as we fight for our water rights!