Contact:
Terry Swier, President Michigan Citizens for Water Conservation 231-972-8856
Michigan Citizens for Water Conservation Files Brief for Termination or Modification of Nestlé’s Stay to Continue Pumping at the Sanctuary Springs
Lansing, MI, August 9, 2005 – Jim Olson, legal counsel for Michigan Citizens for Water Conservation (MCWC) in its two-year court battle against Nestlė Waters North America, Inc, filed a brief in the Court of Appeal asking the Court to terminate or reduce pumping at the Sanctuary Springs site in Mecosta, Michigan while the appeal is pending.
In November 2003, Judge Larry Root of the Mecosta County Circuit Court stopped Nestlé from unlawfully pumping and diverting water from Sanctuary Springs, directly connected to the Dead Stream, the headwaters of the West Branch of the Little Muskegon River.
Nestlé filed an emergency application in the Court of Appeals on December 15, 2003. The Court of Appeals granted Nestlė a stay order that allowed Nestlė to pump at 250 gallons per minute (gpm) on a monthly average during the appeal. After hearing the evidence, the Trial Court found that a stream, lake, and wetlands were diminished and impaired at 160 to 170 gpm. Since the Court of Appeals granted the stay order, Nestlė has pumped 250 gpm based on the average, but has exceeded this limit for significant periods of time.
Dr. David Hyndman, a hydrogeological expert who testified during trial, recently reviewed monitoring and pumping rate date and found that continued pumping and lower seasonal flows in the stream have combined to diminish flows and levels at more than twice the effects that occurred during the trial. Nestlé’s continued pumping has ignored the variable or seasonal lower water levels, resulting in serious effects and impacts to the stream.
MCWC has requested the Court of Appeals to act on the motion to reduce or terminate pumping as soon as possible to prevent further significant and irreparable alteration and harm to riparian landowners and the fragile stream/lake/wetlands complex.
The Court of Appeals heard oral arguments from Nestle’s and MCWC’s lawyers in June and a decision is expected in the next few months. A modification of the earlier stay order will prevent further harm until the Court releases its decision.
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