And, it appears, unfortunately ducks the main issue of who owns the water, the public or private parties...a law is needed to resolve this in the public's favor.
A controversial bottled water plant near Big Rapids may continue to pump groundwater for its Ice Mountain brand, but at reduced volumes that won’t harm streams and wetlands, the Michigan Court of Appeals ruled in a decision released this morning.
The court sided with environmental groups and a lower court judge who found that the Nestle Waters plant’s 400-gallon-per-minute maximum pumping rate was likely to reduce water levels and harm natural features in the area.
http://www.freep.com/apps/pbcs.dll/article?AID=/20051130/NEWS11/51130003
Opinion in full here:
254202 MICHIGAN CITIZENS FOR WATER CONSERVATION V NESTLE WATERS NA INC
[Consolidated with 256153]
Panel: WBM HNW MRS
Lower Court: MECOSTA COUNTY CIRCUIT COURT, No. 01-014563-CE
Opinion & Order - Auth - Remand & Ret Juris (MRS)
http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20051129_C254202_116_254202.OPN.PDF
Opinion - Concurring (WBM)
http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20051129_C254202_117_254202C.OPN.PDF
Opinion - Concurring (HNW)
http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20051129_C254202_118_254202C2.OPN.PDF
Posted by Dave at November 30, 2005 12:39 PM