In light of this week's release by the Michigan environmental community of proposals to spur action on water conservation policy -- and the reply by some legislators that we should take more time to study the water -- it's important to review a 20-year history of study, delay and hypocrisy.
Great Lakes Water Diversions & Exports
And Michigan Water Policy
1985-2005
A Timeline
1985 Governors of Michigan, 7 other Great Lakes States, Premiers of Ontario and Quebec sign Great Lakes Charter, a “good-faith” agreement to consult regionally on proposed water uses and diversions. Participation in regional notification and consultation process is contingent on each jurisdiction’s passage of law establishing permit process for major water withdrawals.
1986 U.S. Congress approves Section 1109 of Water Resources Development Act (WRDA), which requires each Great Lakes Governor to approve any new or increased diversion of Great Lakes waters.
1990 Facing opposition by Michigan Farm Bureau and other business interests to a state water withdrawal permitting law, Michigan Legislature enacts statute requiring registration and reporting (but not state permitting) of major water uses. Agriculture uses are given special treatment in that reporting is done by estimate and in the aggregate
1990 Despite WRDA, Michigan Governor Blanchard neither approves nor disapproves of Pleasant Prairie, Wisconsin, diversion (3.2 million gallons per day), and project moves ahead.
1992 Michigan Governor Engler vetoes proposed Lowell, Indiana, diversion (1.7 million gallons per day).
1993 Michigan Natural Resources Commission approves on a 5-1 vote a proposed 14.4 million gallon-per-day withdrawal from Lake Huron for the Mud Creek irrigation project. Only after the vote is it revealed that three governors and the Premier of Ontario objected to the Michigan project under WRDA; Governor Engler’s office claims the letters of objection got lost until after NRC decision made and that WRDA didn’t apply anyway.
1998 Michigan Governor Engler approves “no net loss” diversion at Akron, Ohio, as do other 7 Governors.
1998 News that the Ontario Ministry of Natural Resources has approved a permit for the Nova Group, a private firm, to remove up to 156 million gallons per year of water from Lake Superior and ship this to unspecified customers in Asia provokes a firestorm of public outrage. Nova Group surrenders permit; Great Lakes governors and premiers agree to strengthen protections against water exports.
2000 Congress amends WRDA Section 1109 specifically to include “exports” as well as “diversions” within gubernatorial veto, in light of the Nova Group controversy.
2001 Governors, Premiers sign “Annex 2001,” agreeing that by 2004, they will come up with binding agreements to control water withdrawals and exports.
2001 Michigan Department of Environmental Quality signs off on Perrier/Nestle Ice Mountain bottled water project in Mecosta County, despite Attorney General Jennifer Granholm’s opinion that the bottling and shipping of this water outside the Great Lakes Basin is subject to WRDA and requires approval of all eight Great Lakes governors.
2002 State Senator Ken Sikkema releases report, promises swift action on 66-point Great Lakes protection agenda compiled after extensive public hearings. Report includes (and Sikkema proposes) legislation to give state authority to control water withdrawals for the first time.
2004 So-called “Annex 2001 implementing agreements” are released by Great Lakes governors and premiers for public comment. Among other things, agreements call for states to demonstrate authority to regulate water withdrawals in order to participate in binding regional decision-making on exports and withdrawals. Sharp criticism of drafts sends governors and premiers back to the drawing board.
2004 Michigan Governor Jennifer Granholm proposes Water Legacy Act, state statute that would give MDEQ authority over major water withdrawals. Majority Republicans in State Legislature say groundwater study and mapping should precede any such law.
2005 Michigan environmental groups write Governor Jennifer Granholm, asking her to invoke WRDA process on proposed second Nestle Ice Mountain bottled water project in Michigan that would remove up to 168 million gallons per year of water from city well, much of it leaving Great Lakes Basin. Groups cite then-Attorney General Granholm’s 2001 opinion on first Ice Mountain project.
2005 Great Lakes governors, premiers expected to release 2nd draft of Annex 2001 implementing agreements for public comment during summer.
Posted by Dave at May 20, 2005 08:28 AM