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E-M:/ Tribes vs. Perrier

Great news to hear three Bands of MI Indians have filed suit in federal court.

Terry Swier President

Michigan Citizens for Water Conservation

231-972-8856 phone and fax





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From: "Terry Swier" <tswier@centurytel.net>
To: "savemiwater" <savemiwater-post-savemiwater@topica.com>
Subject: [sawmi] Little Traverse Band et al vs. Perrier
Date: Tuesday, February 26, 2002 11:53 AM

Members of MCWC and friends - Received this from Jim Olson, legal counsel 
for MCWC.  Great news for MCWC. -

Terry Swier  President of MCWC




Three Bands of Michigan Indians have filed suit in federal court against
Perrier and the State under WRDA  to prohibit GSWA/Perrier from diverting or
exporting water from the Sanctuary well site in Mecosta County, part of the
headwaters of the Little Muskegon River, which of course flows into the
Muskegon and into Lake Michigan.

I propose a conference call to discuss a coalition of Michigan and Great
Lakes organizations to intervene in the suit, broadening both the standing
and interests that are stake in the case.  The rivers and lakes of Michigan
and the Great Lakes, and connecting waters, are impressed with a public
trust under Illinois Central Railroad v Illinois, 146 US 387 (1892), and the
citizens of Great Lakes states and Canada are legally recognized
beneficiaries of this trust.  As such, citizens of these states have as much
or more of a right than the Indiana bands within the region to these waters
and their bottomlands and natural resources.  The public trust doctrine in
effect is the fundamental "treaty" between citizens and their government.
It would appear that citizens, and organizations who represent them, would
have standing to intervene and enforce the obligations and requirements of

The goal of the suit is two-fold:  declaratory judgment that the
GSWA/Perrier project is subject to WRDA, including an injunction that
prohibits any diversion or export until the condition subsequent of
governors' consent has been met in accordance with the plain language of
WRDA; and declaratory judgment that Michigan DEQ is acting contrary to the
terms of the WRDA.

James M. Olson

Terry Swier

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