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Re: E-M:/ Ohio ruling favors groundwater rights

Enviro-Mich message from jmgear <jmgear@acd.net>

I think the more interesting part is at the bottom of the linked story:

"In Ohio, it appears the court has similar concerns as Michigan courts," said Jim Olson, an attorney who has successfully fought unlimited pumping from streams near Mecosta, Mich., by Nestle for sale as bottled water.

"This isn't a private company like Nestle but a municipality providing a water service," he said. "The court is clearly saying, municipality, you're not any different from anyone else. You're not immune from suit."

So this is good -- if cities providing essential potable water to residents don't have unlimited rights to deplete neighbors' water, then private interests trying to bottle and export water for profit have less of a right to unlimited pumping.

HAMILTREEF@aol.com wrote:

Ohio ruling favors groundwater rights <http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20051222/NEWS02/512220380/-1/NEWS>
COLUMBUS - The Ohio Supreme Court yesterday gave a major boost to landowner property rights by unanimously determining that governments cannot divert groundwater and not compensate property owners for drying up their wells.
Although the Supreme Court ruling applies only to Ohio, the two cases being considered by the 6th Circuit could set some precedent for Michigan, which is under the 6th Circuit's jurisdiction.

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