October 17, 2006

 

Text Box:    Formed to conserve, preserve and protect the quality and quantity of Michigan’s groundwater, wetlands, lakes, streams, rivers, ponds, and wildlife.                  Board of Directors Terry Swier, President; tswier@centurytel.net 231-972-8856 Rhonda Huff, Vice-President; rhondahuff@sbcglobal.net  231-734-3886 Sandy Brogan, Secretary; msbrogan@aol.com Lee Fickes, Treasurer; ljfickes@charter.net Pat DeBellefeuille; debell@centurytel.net Kevin Doyle;  kevin@doylerealtyinc.com David Fickes;  dsfickes@charter.net Donald Roy; donaldroy@ferris.edu            MCWC P.O. Box 1 Mecosta, MI 49332 231-972-8856 MCWC@saveMIwater.org               www..saveMIwater.org

Mr. Kim E. Jeffery       

Nestlé Waters North America Inc.

777 West Putnam Ave.

Greenwich, CT 06830

Re:       Investigations for New Water Sources in Michigan

Dear Mr. Jeffery:

As you know, Michigan Citizens for Water Conservation (“MCWC”), and the many organizations and members who support its work, seek to assure that water withdrawals diverted from Michigan watersheds for export or private commercial sale are not authorized by the common law or statutes of Michigan.  Nestlé Waters North America Inc. (“Nestlé”) has announced through its representatives and media contractor that it is seeking many new “spring” and potentially other water sources in Michigan, including the most recently reported investigation going on in Newaygo County.

MCWC is concerned that Nestlé’s continued investigation and goals to harvest “spring water” that feeds Michigan’s lakes and streams for private sale and export elsewhere will violate the common law regarding riparian rights and public trust and the Michigan Environmental Protection Act.  As you also know, Circuit Court Judge Lawrence Root ruled in 2003, in a Mecosta County lawsuit, that the extraction and sale of tributary groundwater that materially effected flows and levels of lakes and a stream or harmed the aquatic resources and use and enjoyment of those lakes and streams was unlawful.  The Court of Appeals affirmed Judge Root’s ruling regarding the substantial harm caused by a removal of tributary groundwater to market as “spring water” and the legal basis of the Court of Appeals’ ruling is pending on application for leave to the Michigan Supreme Court.

Before and during the Mecosta lawsuit, Nestlé installed, monitored, tested, and made public the data regarding the background flows and levels of groundwater and its connected springs, wetlands, streams, and lakes.  Nestlé did so to address the effect and impact its spring water operations would have and did have, as found by the courts, on these water bodies.  Nestlé and all of the experts, including Nestlé’s own experts, uniformly agreed that it was crucial to have at least 2 years of baseline data before a decision could be made regarding effects and impacts.  Nestlé also agreed that the public should have an opportunity to review such data in order to participate in

hearings and other decisions affecting their community, property and water rights, use and enjoyment, and quality of life related to such waters.  In fact, on request by MCWC and others, Nestlé made available its hydrogeological tests, studies, and reports, with appendices, toward this end.

On behalf of its members, including those who reside in Newaygo County, MCWC requests that Nestlé in the spirit of full public disclosure and participation in the review of any new proposed water source or wells to file copies of all of its current plans for such proposal(s) in the public libraries in the cities of Newaygo, White Cloud, Mecosta, Grand Rapids, and Lansing, Michigan.  MCWC also asks that Nestlé continue to do so as new data, reports, studies, or other information becomes available.

As recognized by the recent compact signed by the eight governors of the Great Lakes States, and by numerous Michigan statutes, the water does not belong to Nestlé, but is a public resource held in trust.  As such, the public is entitled to information involving the proposed removal of water from a watershed for export outside of the Great Lakes basin or the watersheds of the State.  Without such information, citizens, property owners, and communities that may be materially impacted are left with little means of evaluating any such proposals.

You are requested to respond in writing within 14 days as to whether you are willing to release and disclose, on a continuing basis, such information on any proposed new water sources in Newaygo County by depositing the same in the aforementioned libraries.  If I receive no response, I will assume Nestlé’s decision, and yours, is “no.”

Thank you in advance for your cooperation.

Sincerely,

Terry Swier

President

Michigan Citizens for Water Conservation