For Immediate Release:

December 9, 2004

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 – December 9, 2004 - Michigan Citizens for Water Conservation sent a letter today to Roger Elkins City Manager of Evart and members of the City Council, with copies to Governor Granholm and Attorney General Cox, regarding Nestlė Waters North America Inc. request to commercialize part of the City of Evart’s public taxpayer’s water source. The purpose of the letter is to provide Mr. Elkins and City Council Members, as well as residents, with information on issues of which they should be aware before considering any contract, agreement, deed or other transaction with Nestlė regarding the Nestlé request to acquire a substantial portion of the City’s water supply. "This is nothing more than another unlawful diversion and privatization of state and public water in disguise," said Terry Swier, President of MCWC.

Michigan Citizens for Water Conservation fought Nestlė in the Mecosta County Circuit Court during 19 days of trial and 2 days of closing arguments. Judge Lawrence Root ruled in favor of Michigan Citizens for Water Conservation and issued an opinion on Michigan riparian and environmental laws applicable to Nestlé’s operations at the Sanctuary Springs. Copies of Judge Root’s decisions were enclosed in the letter (see decisions at www.saveMIwater or www.envlaw.com) According to Jim Olson, Olson, Bzdok & Howard, attorney for Michigan Citizens for Water Conservation, "Judge Root’s Circuit Court includes Osceola County where Evart is located. The city of Evart needs to take his ruling into consideration when reviewing the Nestlė request. The public needs to be aware to protect it self from being taken advantage of at taxpayer’s expense. This is not beer, pop, or juice. The public’s water would be re-sold at huge gains simply because the water is in a container called a bottle."

Judge Root’s ruling took great pains to conduct a fair, impartial, and thorough examination of the facts and law. Any water for diversion and sale out of a watershed that falls within the prohibitions of Judge Root’s decision is unlawful and unreasonable.

MCWC has urged Evart’s officials to: (l. consider and evaluate effects on water, soils, hydrology, and the environment; 2) not allow a diversion and selling of water out of the watershed or Great Lakes basin under Judge Root’s ruling or Michigan’s Great Lakes Preservation Act and similar federal law; 3) consider the application of Michigan’s constitution and law that limits sale and delivery or transfer of city waterworks and/or water supplies to private entities for private purposes. In an opinion sent to Governor Engler and the Legislature when she was Attorney General, Governor Granholm advised that waters of the state shipped out of the basin as bottled water was subject to a federal law prohibiting diversions out of the Great Lakes Basin.

###