An Open Letter regarding the case of Michigan Citizens for Water Conservation vs. Nestlé Waters North America, now before the Michigan Supreme Court:
We understand that, since the time of the Magna Carta, a clear set of public trust principles and standards have been developed: Water is a commons which cannot be owned, diverted, nor sold for profit.
Yet, a private company, Nestlé Waters, seeks to divert 400 US Gallons per minute, from Sanctuary Springs in Michigan for bottled water sales and its own private profits.
Nestlé Waters, in 2003, led the American bottled water market with a one-third share of total sales or almost $2.7 billion (US). All profits are directed to shareholders of Swiss parent Nestlé SA who cumulatively enjoyed profits in 2005 of $10.26 billion (US).
Previous courts in Michigan determined in this case that harm would result to riparian values, and to the rights of downstream users in the flow of the impacted stream and lakes. The courts ruled that the removal and export of water from a watershed could not interfere with these established common law property rights.
Yet Nestlé Waters pushed for, and the Court of Appeals adopted, an "all purpose balancing test" for all water uses anywhere, regardless of existing laws. This would subject landowner’s property rights to those who want to divert and export water without regard to harm.
Nestlé has made the argument that the few jobs and taxes it provides are sufficient compensation for this affront. Yet any company can provide jobs and taxes: Such a rule would simply allow the wealthy to pay for the right to export and divert water, even if harm to the watershed is substantial.
http://www.polarisinstitute.org/polaris_project/water_lords/News/June_19_06.html
Posted by Dave at June 23, 2006 05:50 PM