Terri Swier, representing Michigan Citizens for Water Conservation, put it best in prepared comments at today's hearing:
"10. The Agreements now include a definition of diversion that excludes all diversions and exports of water for sale in containers less than 5.7 gallons (20 liters). This ignores the legal principles of WRDA and the court decision in Michigan Citizens for Water Conservation v Nestlé Waters, which held that when water is the product and sold out of a watershed, it is a diversion and not a consumptive use. The Agreements allow such consumptive uses not to be subject to the veto or unanimous consent requirement for diversions. Neither consumptive use nor diversion can be defined by container size."
Posted by Dave at September 14, 2004 09:14 PM