Who Owns The Water?
We (the People) Do!
Why Michigan Needs A Moratorium on Commercializing Great Lakes Water
Great Lakes, connecting waters, and all tributary lakes and streams up to the point of navigability are subject to the public trust doctrine. Under the public trust doctrine, the title to water is in the states (to be held in perpetuity) for the benefit of the public for navigation, fishing, boating, swimming or other purposes closely related to fundamental human needs.
Michigan should impose a moratorium because it is the will of the people that all of Michigan’s public trust waters and their tributaries (both surface and groundwater) continue to be held in public trust and not turned into a commodity for sale. This is important a) to assure the integrity of the ecosystem and current in-basin uses and b) to protect the public’s collective property interest in these world-class waters at a time of increasing threats of water commercialization.
The entire debate about a proposed moratorium on the sale of water has been distorted by industry claims that constitutional and case law forbids distinguishing between in-basin and out-of-basin uses, and requires that statutes and policies look only at the “natural resource impact” of a proposed use. That is flatly wrong.
Natural resource impact is important but it is not the only basis for regulation of Great Lakes water withdrawals, diversions, or uses.
Among other issues to be considered is the primary issue of control and ownership of water – whether it is ultimately to be by the public or by private parties – and the implications of private vs. public ownership. Looking at ownership issues is fundamentally important because it illuminates the distinction between using water as an ingredient or process material (in the manufacture of apple juice, potatoes or automobiles) and the sale of water itself (in bottles, tankers or other containers) for profit.
Stop the commercialization of our water -- now.
Posted by Dave at March 8, 2005 11:36 AM