March 25, 2003            Statement by Donald Roy, Ph.D., Associate Professor of Political Science at Ferris State University, regarding SB 289 before the Senate Committee on Natural Resources and Environmental Affairs

I.                    There is overwhelming factual evidence that water shortages elsewhere in the US, and also throughout the world, make the Great Lakes water basin a prime target for water removal.  Yet, nowhere in SB 289 (as well as HB 4087 and HB 4097) is it declared that the State of Michigan owns and controls, on the basis of a common sovereign interest, Great Lakes groundwater.

II.                 SB 289 (as well as HB 4087 and HB 4097) makes it possible for private companies to commodify and remove Great Lakes water by too easily obtaining a groundwater withdrawal certificate on the basis of “reasonable use”, irrespective of “reasonable injury”.  Only after such injury has been done to the groundwater aquifer (i.e., only after it is too late) will it be necessary to take action against such water withdrawals.  Private high capacity well owners will tie up in litigation for years any so-called “groundwater conflicts”.  Under the law of “takings”, there will be a heavy public price to terminate these high capacity wells.

III.               SB 289 makes no mention whatsoever of wetlands, streams, lakes, etc. (except for some vague “ecosystem” reference) that can be impaired, thereby threatening the environment and species dependent on such water bodies.  Also threatened are tourists dollars closely related to maintaining a sustainable environment.  SB 289 makes no requirement that high capacity wells be subject to an environmental impact statement.

IV.              SB 289 fails to distinguish the off-track sale and diversion of water from other existing, big water users, such as municipalities, farmers, and golf courses.  Thus, SB 289 lacks any consideration of “public interest, purpose, or benefit” when it comes to non-resident, corporate, water mining operations.  Existing water users should be given financial incentives to practice conservation.

V.                 Unless the State Legislature agrees to provide the sufficient financial resources (apparently at least $2.5 million a year) for the adequate staffing and investigation of complaints, then SB 289’s proposed dispute resolution process for high capacity wells will be no more than a symbolic gesture and in reality a dead letter.

VI.              If the State of Michigan (as well as other Great Lakes states) does not declare the waters of the Great Lakes a public trust and a public resource (not just private commodities), then the federal government will have cause to take over control of these waters.

Thank you for consideration of these comments.