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Re: E-M:/ Judge Root issues bizarre water opinion

Enviro-Mich message from Andrew Mutch <andrewimutch@yahoo.com>

While it's usually a waste of time responding to
Bray's  commentary, it should be pointed out that
while Bray implies that the Judge is ordering the
plant to be shut down, nothing could be further from
the truth. He simply ordered that they get their water
from a source other than the Dead Stream. Only Ice
Mountain can decide whether they want to comply with
the order or shutdown their facility. Ice Mountain had
fair warning before they built their facility that
this outcome was possible. But Bray's never let facts
get in his way. 

Andrew Mutch

--- HAMILTREEF@aol.com wrote:
> Bray is frothing at the mouth again. 
> <A
> Root issues bizarre water opinion - 12/03/03</A> 
> > The judge admits there is "no controlling Michigan
> law directly on point to 
> > the case." Nonetheless, he has thrown a century of
> settled water doctrine 
> > east of the Mississippi out the window in his
> pursuit of a higher aesthetics. 
> > Under this doctrine of "reasonable use," water can
> be withdrawn from its 
> > source as long as it's for a reasonable use that
> doesn't harm the reasonable uses 
> > of other users along the river. The system has
> been upheld countless times in 
> > court. 
> > Judge Root goes on to propose another radical
> change. He argues that those 
> > who object to something on environmental grounds
> shouldn't have to prove 
> > harm. The burden of proof should be on the
> defendants to prove that their 
> > operations will do no harm.

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