E-M:/ Groundwater Withdrawals

["Alex J. Sagady & Associates" <ajs@sagady.com>]

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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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From: <mailto:gov_office@MICHIGAN.GOV>gov_office@MICHIGAN.GOV 
[mailto:gov_office@MICHIGAN.GOV]
Sent: Wednesday, May 25, 2005 4:07 PM
Subject: Groundwater withdrawal regulation

State to Regulate Some Groundwater Withdrawals; Files Friend of the Court 
Brief in Bottled Water Litigation



LANSING ? Governor Jennifer M. Granholm and Department of Environmental 
Quality (DEQ) Director Steven E. Chester today announced that the state 
will begin the process of regulating any groundwater withdrawal that would 
change the size of a lake, stream or river.



Granholm asked the DEQ to write rules requiring permits for any withdrawal 
that will ?create, enlarge or diminish? an inland lake or stream.  Her 
request for the new rules follows a DEQ brief filed with the Michigan Court 
of Appeals, in which the department reversed policies established by 
previous administrations, saying that state law requires a permit for any 
activity that will change the size of a surface body of water.



?No one has sole ownership of the state?s water ? it belongs to all of us,? 
Granholm said.  ?Today?s action takes another step toward protecting 
Michigan?s water, but it is only the first step.  The state must have a 
comprehensive regulatory framework in place to truly safeguard this most 
precious resource.?  Granholm stressed that while rules regulating 
groundwater withdrawals are important, without a comprehensive framework, 
there is no way to consistently enforce management of overall water use in 
Michigan.



?Michigan needs a comprehensive Water Legacy Act to protect all of our 
waters,? Granholm said.  ?I again urge the Legislature to take up the Act I 
presented ? protection of our resources can?t wait.?



Earlier this week, the DEQ filed a ?friend of court? brief in Michigan 
Citizens for Water Conservation v Nestle Water?s North America which is 
currently pending before the Michigan Court of Appeals.  The state?s brief 
emphasizes the importance of protecting Michigan?s precious water resources 
for the benefit of citizens and future generations across the state.



In the brief, the DEQ reverses the policy of the previous administration 
that stated Nestle did not need to apply for a permit for water withdrawal 
under Part 301 of the Natural Resources and Environmental Protection 
Act.  DEQ states that Part 301 of the state Environmental Code prohibits 
any activity that may create, enlarge or diminish an inland lake or stream 
unless the department first issues a permit authorizing the activity.  The 
DEQ also agreed with Mecosta County Circuit Court Judge Lawrence Root?s 
decision that Nestle should have applied for and obtained a permit for its 
groundwater extraction activities, since these activities had the potential 
to adversely affect surface water bodies.



The brief also asserts that while property owners have a right to use water 
as they see fit, the nature and extent of this use must be held to a 
reasonable standard.  The state believes that the Michigan Environmental 
Protection Act should focus this standard at local levels as well as 
statewide levels.



?Michigan is blessed to be surrounded by such a vast water system, but that 
system remains vulnerable,? said Director Chester.  ?We all share a role in 
using our resources responsibly and ensuring that we are not causing long 
term damage to the system.?



Nestle was ordered to stop withdrawing groundwater from wells located near 
Big Rapids where it was being bottled under the Ice Mountain Spring Water 
brand.



To view the friend of the court brief, go to www.mi.gov/deq and click on 
?water.?



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==========================================
Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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