Posted on Monday June 19, 2006

An Open Letter regarding the case of Michigan Citizens for Water Conservation vs. Nestlé Waters North America, now before the Michigan Supreme Court:

We understand that, since the time of the Magna Carta, a clear set of public trust principles and standards have been developed:  Water is a commons which cannot be owned, diverted, nor sold for profit.

Yet, a private company, Nestlé Waters, seeks to divert 400 US Gallons per minute, from Sanctuary Springs in Michigan for bottled water sales and its own private profits.

Nestlé Waters, in 2003, led the American bottled water market with a one-third share of total sales or almost $2.7 billion (US).  All profits are directed to shareholders of Swiss parent Nestlé SA who cumulatively enjoyed profits in 2005 of $10.26 billion (US).

Previous courts in Michigan determined in this case that harm would result to riparian values, and to the rights of downstream users in the flow of the impacted stream and lakes. The courts ruled that the removal and export of water from a watershed could not interfere with these established common law property rights.

Yet Nestlé Waters pushed for, and the Court of Appeals adopted, an "all purpose balancing test" for all water uses anywhere, regardless of existing laws.  This would subject landowner’s property rights to those who want to divert and export water without regard to harm.

Nestlé has made the argument that the few jobs and taxes it provides are sufficient compensation for this affront.  Yet any company can provide jobs and taxes:  Such a rule would simply allow the wealthy to pay for the right to export and divert water, even if harm to the watershed is substantial.

Further, Nestlé Waters is trying to prevent citizens from having their day in court.

Such high-handed tactics are not new for Nestlé Waters, which is immersed in controversy in over half a dozen states.   In 2000/01 when a drought hit Pasco County, Florida, Nestlé continued to push for a permit to increase its water takings from the area, from 301,000 to 1.8 million gallons per day.  

We hope that the Michigan Supreme Court will hear the citizens' appeal.  We support values based upon the public trust and common law of riparian property rights, where water is retained in healthy watersheds, abundant fisheries, and vibrant human communities, who respect and carefully protect the priceless source which brings life and prosperity, including jobs, to everyone.

Sincerely,

Sweetwater Alliance; Save Our Groundwater; Concerned Citizens of Newport; Indigenous Environmental Network; Polaris Institute; Science and Environmental Health Network; First Nations Environmental Network; Northern Michigan Environmental Action Council; Anglers of the Au Sable; Grayling Michigan; Citizens Concerned for Michipicoten Bay; Clean Water Action; Sierra Club;  Food & Water Watch;  Corporate Accountability International; Alliance for Democracy; Institute for Agriculture and Trade Policy; Blue Planet Project; Friends of the Earth Canada; Save The Oak Ridges Moraine; Southern Alberta Group for the Environment; Sierra Club of Canada- Atlantic Canada; Vancouver Island/Gulf Islands Kairos; Canadian Union of Public Employees; Council of Canadians; SOS Eau Water Sankwan Inc; East Michigan Environmental Action Center.   
Elizabeth E. May, LLB, O.C.
Mary Muter, VP Georgian Bay Association, Georgian Baykeeper, GBA Foundation  
Dave Dempsey, Great Lakes author
John Nelson, Grand Traverse Baykeeper
Anne Brasie, Executive Director, The Watershed Center
Carolyn Gusick, Water for Waslala
Sharon Cross, Water Commons Network
Arthur Cohen, Saniplan, Baltimore, Maryland, USA
A.V. Krebs, Corporate Agribusiness Research Project, Everett, Washington
Keith Ritchie P.Eng., Fellow of the Canadian Society for Civil Engineering  
David Barkin, Economics Professor, Univ. A. Metropolitana-Xochimilco, Mexico
Karl Flecker, Water Programme Director, Polaris Institute

Ralph Pentland, Ontario, Canada
Cathy Rose, St. Albans, Vermont
Barbara J. Gagnat, Seattle, Washington
Laura Duncan, Kimberley, BC
Dr. Mohammed and Gertrude Waseem, NS
M. Moss, Courtenay, BC


Contacts:
Leigh Thomson (905) 344-5058, leigh@polarisinstitute.org
Karl Flecker (613) 541-9333, karl@polarisinstitute.org

Polaris Institute
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