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RE: E-M:/ Press Release: NCWC & Nestle Settle Injunction Pumping Limits



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Enviro-Mich message from "Kelly Dardzinski" <kelly@pirgim.org>
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Cyndi is absolutely right - Terry, you and everyone at MCWC inspire us all
to keep fighting for good water-use laws so that people like you won't have
to become heroes to defend our most precious public resource.  Getting
Nestle to agree to these terms proves that you are a force to be reckoned
with, and we are lucky to have you at our side as we take the fight for
strong water-use legislation to the House.

Thanks, and congratulations!
Kelly 
____________________________________

Kelly Dardzinski, Environmental Advocate
Public Interest Research Group In Michigan
119 Pere Marquette, Suite 3B
Lansing, MI 48912
(517) 664-2600
kelly@pirgim.org

 

-----Original Message-----
From: owner-enviro-mich@great-lakes.net
[mailto:owner-enviro-mich@great-lakes.net] On Behalf Of Cyndi Roper
Sent: Thursday, January 26, 2006 9:31 PM
To: enviro-mich@great-lakes.net
Subject: Re: E-M:/ Press Release: NCWC & Nestle Settle Injunction Pumping
Limits Pending Furthur

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Enviro-Mich message from Cyndi Roper <croper@cleanwater.org>
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Congratulations and thank you, Terry, and all the MCWC members who have 
fought so hard to protect Michigan's water over the past several years. 
Although your battle is costly, it has paved the way for stronger water 
protections in Michigan. And your leadership in the Great Lakes, Great 
Michigan campaign <greatlakesgreatmichigan.org> has helped bring more 
than 50 diverse groups together around a platform for these protections.

As the Michigan House takes up the weak Senate water use bills (which 
passed that chamber in early December), we must send a clear message to 
our lawmakers that the Terry Swiers and MCWCs of Michigan can no longer 
foot the bill resulting from our weak water use laws.

Again, congratulations and thanks!

Cyndi




Terry Swier wrote:

> -------------------------------------------------------------------------
> Enviro-Mich message from "Terry Swier" <tswier@hotmail.com>
> -------------------------------------------------------------------------
>
> Michigan Citizens for Water Conservation and Nestlé Settle Injunction 
> Pumping Limits Pending Further Appeals
>
> Grand Rapids, MI: Grand Rapids Circuit Court Judge Dennis Kolenda, who 
> was assigned to determine pumping limits as directed by the Michigan 
> Court of Appeals in late November 2005, this week entered an order 
> setting pumping limits pursuant to a stipulation agreed to by Michigan 
> Citizens for Water Conservation and Nestlé Waters North America, Inc.
>
> In November 2005, the Court of Appeals affirmed a 2003 trial court 
> ruling that Nestlé?s pumping violated Michigan water law, but reversed 
> the trial court?s injunction that stopped Nestlé from pumping in favor 
> of a determination by the Circuit Court of allowable pumping limits.
>
> After a facilitated mediation, MCWC and Nestlé stipulated to an order 
> that sets interim limits for the injunction affirmed by the Court of 
> Appeals. The modified injunction allows Nestlé to continue to pump and 
> divert water at reduced levels from the Sanctuary Springs that form 
> the headwaters of a branch of the Little Muskegon River. Additional 
> provisions require the company to further reduce pumping limits during 
> fish spawning and drier summer months. Judge Kolenda will forward the 
> stipulated order to the Court of Appeals in Lansing. The limits are 
> temporary pending any further appeals regarding proper water law 
> principles and the protection of the stream and lakes.
>
> MCWC has achieved the interim goal of setting Nestlé?s pumping limits 
> from the Sanctuary Springs that minimizes impacts to the stream, 
> wetlands, and lakes during the very low periods. In the summer months, 
> the company will be restrained to as little as 125 gallons per minute 
> because of seasonally low flows or levels. These benchmarks will 
> minimize serious harm to the entire sub-watershed pending any appeals.
>
> ?This is a significant achievement for MCWC and its many supporters,? 
> said Terry Swier, President of MCWC. ?MCWC has won two court battles 
> against Nestlé and this stipulated order that restricts pumping is a 
> positive step toward the enforcement of these victories.? Swier 
> continued, ?At least the most serious harms will be minimized while 
> MCWC seeks a ruling from the appellate courts. The settlement allows 
> Nestlé to pump, for now, an average of 218 gallons per minute, as 
> opposed to the 400 gallons per minute originally permitted by the 
> State. The order also allows for payment of MCWC?s costs and reserves 
> for subsequent hearings the ability for the courts to impose stricter 
> limits needed to prevent interference with an adequate water supply 
> needed for the watershed and its ecosystem.?
>
> Jim Olson, attorney for MCWC, remarked, ?The trial court and Court of 
> Appeals in this case determined that pumping next to the headwaters of 
> this stream causes unacceptable harm at levels permitted by the State. 
> While this interim order doesn?t finally resolve the dispute, the 
> parties can now turn to the appellate courts to determine one of the 
> major legal issues of our time.? Olson continued, ?Water supports our 
> property rights, business, farming, and recreation. Nestlé wants 
> everyone to think that bottled water isn?t any different than the 
> water in beer or soda pop. But the truth is that the sale of water in 
> a bottle or any sized container is still a diversion or export of 
> water, and not a product to which water is added. This is about legal 
> precedents concerning water, not beer -- water law precedents that are 
> needed to protect those of us who live and earn a livelihood in 
> Michigan. The last thing Michigan can afford is a legal precedent that 
> would shift the law in favor of water exports with harm to our 
> economy, environment, and security, and without the consent of 
> Michigan?s citizens.?
>
> #
>
>
>
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