Tag: drinking water

Free water well testing now available in Michigan

Michigan households relying on private wells may be drinking polluted groundwater without realizing it. A new state program aims to change that.

Common water quality concerns include coliform bacteria, nitrate, nitrite, fluoride, chloride, sulfate, sodium, hardness, and metals like aluminum, antimony, arsenic, boron, cadmium, chromium, copper, lead, iron, manganese, mercury, selenium, uranium, and zinc.

Now, thanks to a new $5 million allocation in funding from the state legislature, residents can get their water tested for FREE through the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and their local health departments. (Your local health department can provide information about drinking water concerns in your area, and what testing is best for your water source.)

Request your free sample kit at http://www.michigan.gov/EGLEprivatewells

This is just the beginning of addressing Michigan’s groundwater emergency, but it’s a great first step in the right direction.

Michigan has the most private drinking water wells drilled annually of any state. About 45% of the state’s population depends on groundwater for its drinking water. FLOW has been a strong advocate of removing cost barriers to well testing, as part of our groundwater policy agenda:

“Thousands of Michigan citizens relying on private wells may be drinking polluted groundwater without realizing it. The state should remove cost barriers to testing of such wells initiated by their owners. The Michigan Legislature should appropriate funding to enable owners of residential drinking water wells to obtain testing of well water samples.” The Sixth Great Lake (p. 17), September 2018

“WATER TESTING: Michigan homeowners with private wells are not served by routine water testing and may unknowingly consume contaminated water. The state should create a fund to assist such homeowners, largely in rural areas, in regular water well testing.” Deep Threats to Our Sixth Great Lake (p. 21), May 2021

Download our groundwater fact sheet to learn more (PDF).

 

 

 

PFAS Chemicals in Tap Water More Widespread Than Thought

A new U.S. government study that finds toxic PFAS chemicals could be present in nearly 50% of the nation’s tap water “should sound alarm bells for people across the country,” says a Michigan citizen leader on PFAS policy.

Tony Spaniola, who co-founded and co-chairs the Great Lakes PFAS Action Network and serves on the Leadership Team of the National PFAS Contamination Coalition said “It is staggering that nearly half of all Americans have PFAS ‘forever chemicals’ in their tap water.” 

“But it’s even more staggering that the study only tested for 32 of the more than 12,000-plus PFAS chemicals that are used in commerce. If the study had tested for all of those chemicals, it’s reasonable to infer that many more Americans are likely to have PFAS in their tap water.”

The study, conducted by the U.S. Geological Survey, tested for 32 individual PFAS compounds from 716 locations representing a range of low, medium and high human-impacted areas. Water from public water supplies and private wells was analyzed. The most frequently detected compounds in this study were PFBS, PFHxS and PFOA. The interim health advisories released by the U.S. EPA in 2022 for PFOS and PFOA were exceeded in every sample in which they were detected in the study. 

Michigan’s PFAS Action Response Team (MPART) coordinated monitoring of public water supplies between 2018 and 2020. Approximately 80 public water supplies tested returned results greater than 10 parts per trillion of total tested PFAS. But only three supplies were found to have PFOS plus PFOA over a federal health advisory.

MPART had also confirmed 257 PFAS sites (map), including landfill, airports, former manufacturing sites and others as of May 8, 2023. 

PFAS chemicals have been used in clothing, furniture, adhesives, food packaging, heat-resistant non-stick cooking surfaces, and the insulation of electrical wire. Possible human health effects include increased risk of kidney and testicular cancer, increased risk of high blood pressure and pre-eclampsia in pregnant women, and low birth weight in infants.

Spaniola pointed out that there still are no federal drinking water regulations for any PFAS chemicals. The EPA is presently proposing to regulate only six PFAS chemicals, while Michigan regulates only seven of them.

He added: “We all need to demand from our elected officials and regulators that the entire class of PFAS chemicals be regulated and banned from use in commerce, except only in relatively rare instances in which their use is absolutely essential.”

Abigail Hendershott, executive director of MPART, says the fact Michigan has been sampling public water supplies for several years will enable state officials to assess the implications of EPA’s proposed drinking water standards for PFAS.

The new federal study, which includes test results from private wells, underscores the importance of doing more water sampling of private water than has been done in Michigan, Hendershott says. The state has sampled about 6,000 private wells in the course of investigating specific sites, but there are more than 1 million private wells in Michigan.

“MPART will continue to look for ways to promote private drinking water sampling to protect public health,” she said.

New York Lawmakers Introduce Bill Based on FLOW’s Model ‘Public Water, Public Justice’ Act

By Zach Welcker, FLOW Legal Director

FLOW Legal Director Zach Welcker

New York State Senator Rachel May and Assemblymember Jessica Gonzalez-Rojas have introduced companion legislation to enact the Public Water Justice Act, a bill derived from FLOW’s (For Love Of Water’s) model Public Water, Public Justice Act. The proposed legislation, S.238A and A.5104, prohibits the sale of waters of the state unless otherwise specifically authorized and establishes a public water justice fund for royalties collected from persons or entities authorized to sell waters of the state. The fund would be used to achieve a suite of public health and environmental benefits in the State of New York.

New York’s Public Water Justice Act incorporates concepts set forth in FLOW’s Public Water, Public Justice Act—comprehensive model legislation drafted by Jim Olson and FLOW’s legal team in response to the water shutoffs in Detroit and the Flint water crisis. In those cases, many residents were not only denied public water but also forced to buy bottled water from private companies who obtained state-owned water for next to nothing. 

FLOW Executive Director Liz Kirkwood

“It is gratifying to see this legislation move forward in a sister Great Lakes state,” said FLOW Executive Director Liz Kirkwood. “It makes no sense to allow water bottlers to appropriate our public water, sell it for huge profits, without any benefits accruing to the public.”

Liz Kirkwood, FLOW’s Executive Director, said that FLOW’s legal team has been working with New York senate and assembly staff to enact the bill into law. “It is gratifying to see this legislation move forward in a sister Great Lakes state,” Kirkwood said, “It makes no sense to allow water bottlers to appropriate our public water, sell it for huge profits, without any benefits accruing to the public.”

Jim Olson, FLOW’s Founder and Senior Legal Advisor

Jim Olson, the founder of FLOW, who drafted the legislation, stated, “At the end of the day, FLOW works to foster equitable public policy for the common good. With the loss of access to public water from pollution and climate change, underscored by the recent crises in Jackson, Mississippi and hurricane Ian, laws like New York’s proposed Public Water Justice Act will assure public funds from public water to vindicate  the public’s right of access to safe water.”

“At the end of the day, FLOW works to foster equitable public policy for the common good,” said Jim Olson, the founder of FLOW, who drafted the legislation.

While it is unclear how much revenue the proposed legislation would generate in New York, Michigan would raise approximately $250 million per year if it enacted similar legislation.

Keeping Water Public and Protected for All in the Great Lakes State

Photo of children playing at Lake Michigan by Chelsea Bay Dennis.


Editor’s note: Sign up today for FLOW’s twice-monthly e-newsletter for updates on the advancement of these legislative recommendations and take action opportunities in support of keeping water public and protected.


Michigan’s 2023-2024 legislative session in Lansing is a chance to apply long-overdue solutions to the state’s biggest water problems, and FLOW has big ideas on how to ensure the waters of the Great Lakes State are healthy, public, and protected for all.

Capitol of Michigan (Photo credit: David Marvin via http://capitol.michigan.gov/)

Today FLOW is pleased to release our legislative agenda by sharing it directly with lawmakers in the Michigan House and Senate and publicizing it broadly with our partners and supporters to help us advance it. FLOW is calling on Michigan’s 102nd Legislature to:

  • Protect Michigan’s waters and public health from failing septic systems;
  • Hold polluters accountable; and
  • Create a public water trust fund with royalties on bottled water, with the money to be used to prevent shutoffs of household drinking water service and support other water protection needs.

During the last several decades, Michigan has lost its reputation as a leader in the country in water protection. Acting now on these priorities can begin restoring Michigan’s environment in ways that other states would envy.

1. Statewide Septic Code

Septic system: click to enlarge.

The Problem—Michigan is the only U.S. state without a uniform septic code governing the construction, maintenance, and inspection of septic systems. As a result, the state Department of Environment, Great Lakes, and Energy (EGLE) estimates that roughly 330,000 failing septic systems are polluting ground and surface waters with human fecal microbial waste. In addition to harming our natural resources, this septic contamination poses a serious public health problem to the drinking water of nearly 4 million Michiganders who rely on private wells. 

The Solution—The keys to overcoming more than 30 years of legislative gridlock in passing a statewide septic code are establishing a reasonable inspection schedule, ensuring county health departments have sufficient resources to administer inspections, and providing financial assistance to septic owners who may not be able to afford the cost of septic repairs or replacements.

2. Polluter Accountability Act

Photo by Chelsea Bay Dennis.

The Problem—Over the last three decades, the Michigan Legislature has enacted polluter entitlement laws that prevent state agencies from adequately protecting water resources. These destructive legislative actions include:

Michigan now has 24,000 known contaminated sites, including thousands of known and unknown sources of groundwater and surface water contamination. More than half are “orphaned” sites with no known responsible party, resulting in the state being responsible for assessing and remediating these sites without adequate funding. 

The Solution—The answer is to pass legislation that restores polluter pay, limits the use of “institutional controls” as a cleanup option unless other remedial alternatives would increase exposure to the contaminants at issue, and eliminates Michigan’s “no stricter than federal” law.

3. Michigan Water Trust Fund Act

The Problem—Bottled water plants in Michigan make hundreds of millions of dollars each year selling waters of the state without providing a significant benefit to Michiganders. Michigan has the right and obligation to secure greater benefits for its citizens based on the sale of a publicly owned natural resource. This is especially true when a large and increasing number of Michiganders in both urban and rural communities cannot afford to pay their water bills and face the prospect of water shutoffs.

Photo: U.S. Environmental Protection Agency

The Solution—The solution is to enact a bill that expressly affirms public ownership of Michigan’s ground and surface waters, create a licensing system for bottled water facilities that generates state revenue through a royalty fee, and channel this revenue into a public trust fund that helps put an end to water shutoffs.

Stay Tuned for Legislative Updates

FLOW will keep you updated on the advancement of these legislative recommendations and provide opportunities to take action in support of keeping water public and protected. Be sure to sign up here for FLOW’s twice-monthly e-newsletter for news, event announcements, and more related to our shared efforts to protect the Great Lakes and groundwater and ensure access to safe and affordable drinking water for all.

Regulating the Victims: The Backwards Nature of the Federal Safe Drinking Water Act

When Americans think of environmental laws, they tend to think of standards that control the pollution released by businesses, industries, sewage plants, and incinerators. This puts the stewardship duty and cost on those who generate the pollution, and provides an economic incentive to reduce waste.

To an extent, taxpayers are subsidizing the private sector instead of requiring it to eliminate or sharply reduce the pollution that ends up in drinking water.

There’s a major exception, however, that relates directly to public health: The federal Safe Drinking Water Act regulates the members of the public being polluted, rather than holding the polluters themselves accountable. This is a backwards policy. Here’s how it works: To make sure the public is not exposed to unsafe levels of contaminants, the act requires operators of public drinking water treatment plants to meet standards for limits on chemical and conventional pollutants that others have generated. To an extent, taxpayers are subsidizing the private sector instead of requiring it to eliminate or sharply reduce the pollution that ends up in drinking water.

Upstream Concerns in Ann Arbor

A recent Bridge Magazine article told this tale through the example of Ann Arbor. The Southeast Michigan city, like many others, is constantly scrambling to address both imminent and long-term contaminants released upstream of its drinking water intake in the Huron River.

Brian Steglitz, Ann Arbor Area Public Services Administrator, is quoted as expressing the view that state and federal environmental agencies should identify pollution sources that affect public drinking water supplies and work to eliminate them, rather than imposing new duties on the drinking water suppliers. Steglitz admits federal action is unlikely: “Waiting for the EPA is just not going to be the solution any longer, because they’re just too slow,” he said. 

The problem affects water supplies across Michigan. PFAS chemicals have been detected in public drinking water supplies, as has nitrate, according to the state’s 2021 drinking water violations report

Another approach would be to assess the costs of treating drinking water on those who created it.

Farm Runoff in Des Moines, Iowa

Another approach would be to assess the costs of treating drinking water on those who created it. Des Moines, Iowa, tried that. The city is forced to pay for treatment of its drinking water sources to remove nitrate pollution that largely comes from upstream agriculture. Nitrate is linked with colorectal cancer, thyroid disease, and neural tube defects as well as methemoglobinemia in young children. Running a special nitrate cleaning facility can cost the public $10,000 a day.

In 2015, Des Moines Water Works sued upstream counties to reduce manure and fertilizer runoff into the city’s drinking water supply. But a court tossed the lawsuit, saying the question was more appropriate for the Iowa legislature.

With water priorities high on the current legislative agenda, now is the time for our public drinking water suppliers to put the costs back on the upstream polluters—where it belongs.

Prevention Is Best

“The whole thing would be a lot cheaper,” Bonnifer Ballard, executive director of the Michigan Section of the American Water Works Association, “if we just protected our source of water to begin with.”

Michigan is not Iowa. With water priorities high on the current legislative agenda, now is the time for our public drinking water suppliers to put the costs back on the upstream polluters—where it belongs. “The whole thing would be a lot cheaper,” Bonnifer Ballard, executive director of the Michigan Section of the American Water Works Association, “if we just protected our source of water to begin with.”

Governor Whitmer’s Budget Proposes Major New Funding for Water Priorities

Whitmer budget presentation

The budget proposal announced by Governor Whitmer on February 8 contains hundreds of millions of dollars in new and increased funding for vital water needs and is an encouraging sign as the new legislative session gets into full swing.

Whitmer’s budget for the fiscal year that begins next October 1 includes the following items:

  • $280.5 million for local wastewater and drinking water infrastructure;
  • $226 million to remove and replace 40,000 lead service lines over the next 10 years;
  • $122.5 million to ensure the quality of drinking water through water filter distribution, and faucet and plumbing replacement in residences with lead pipes;
  • $100 million to establish an environmental justice contamination cleanup and redevelopment fund for sites in underrepresented and underserved communities. The Governor says the initiative will also expand air pollution controls in historically disadvantaged and underrepresented communities. “This funding will begin the process of rectifying environmental injustice,” the budget says.
  • $25 million for the removal of dams, allowing natural flow of rivers and preventing catastrophic dam failures.
  • $23.8 million to conduct studies and collect data on Michigan’s groundwater resources.
  • $7 million for a new, interactive groundwater database.

FLOW is reacting positively to the Governor’s proposal.  “Whitmer’s budget reflects her Administration’s continued commitment to securing safe, affordable drinking water for all,” said Liz Kirkwood, FLOW’s Executive Director.  

Kirkwood said the Governor’s groundwater funding proposals are welcome. Groundwater protection is a FLOW priority. “We applaud the Administration’s commitment to investing in groundwater management and protection. For too long, Michigan has ignored the vital role of groundwater in protecting our drinking water and the ecological health of rivers, lakes, streams, and wetlands.

“Moving forward,” Kirkwood continued, “FLOW will work to ensure decision-makers scale up long-term investments in our water infrastructure with affordable rates, groundwater management and protection, and climate and community resiliency.” 

In a separate bill already signed by the Governor, the Michigan Legislature approved $25 million to establish a water affordability program that would prevent the shutoff of water services to residential customers struggling to pay their water service bills. While the fund lands well short of the need, its establishment is an encouraging sign that the Governor and Legislature understand water service is essential to all Michiganders.

2022 Year in Review: FLOW Makes Advances along the Waterfront

Above: A burst of sunshine and Lake Michigan’s power at the shore in Frankfort, Michigan. (Photo/Kelly Thayer)


Michigan’s water bounty is vast—touching four of the five Great Lakes, more than 10,000 inland lakes, 36,000 river miles, 6 million acres of wetlands, and groundwater that is the drinking water source for more than 4 million Michiganders.

At FLOW, we envision a future where healthy waters sustain healthy communities in the Great Lakes Basin, and together with our supporters and partners, we are bringing that vision to life.

Such an abundant heritage requires protection from a host of threats, and creative thinking about opportunities to keep water public and protected. These, in turn, require vision. At FLOW, we envision a future where healthy waters sustain healthy communities in the Great Lakes Basin, and together with our supporters and partners in 2022, we are bringing that vision to life.

The clear waters of Great Sand Bay on Lake Superior north of Eagle River, Michigan, on the Keweenaw Peninsula. (Photo/Kelly Thayer)

The view Michiganders enjoy of expansive, seemingly infinite Great Lakes waters is mirrored in our work, which spans all of Michigan’s public waters and includes all beings who depend on them. FLOW protects the Great Lakes—and our public trust rights to access, swim, drink, fish, and navigate these magnificent fresh waters—from threats that include climate change and the Line 5 oil pipelines in the Straits of Mackinac, while strengthening protection of our vital groundwater and securing clean water for all.

FLOW protects the Great Lakes and our public trust rights, while strengthening protection of our vital groundwater and securing clean water for all.

In 2022, FLOW’s sustained efforts to ensure safe, clean, affordable, and public water for all resulted in measurable, immediate achievements, as well as in steps toward long-term goals. Here’s a summary of the impact, as well as hope for an even better 2023 in the fight to protect 20 percent of the planet’s fresh surface water and a way of life for all of us who depend on it for our well being.

Line 5: Preventing a Petroleum Disaster in the Great Lakes

The continued presence of Enbridge’s nearly 70-year-old Line 5 petroleum pipelines crossing in the Straits of Mackinac is a navigational hazard and a clear danger to the Great Lakes, communities, tribes, and businesses. The dented and decaying pipeline is owned and operated by Enbridge, the same Canadian corporation responsible for the 2010 spill of more than 1.2 million gallons of heavy tar sands oil into the Kalamazoo River watershed near Marshall, Michigan.

Line 5 shown in red runs from Superior, Wisc., to Sarnia, Ont., as part of Enbridge’s larger pipeline network in yellow running the Alberta, Canada, tar sands to Montreal.

The nearly 70-year-old Line 5 petroleum pipeline crossing in the Straits of Mackinac is a navigational hazard and a clear danger to the Great Lakes, communities, tribes, and businesses.

Acting on the public trust doctrine legal principles articulated by FLOW, Attorney General Nessel filed a lawsuit to shut down LIne 5 in 2019. In 2020, Governor Whitmer revoked and terminated the 1953 easement Enbridge relied upon to operate Line 5, while recognizing that alternatives to Line 5 exist for supplying oil and propane.

The State of Michigan and the public, however, must remain vigilant until the oil stops flowing for good because Enbridge is defying the shutdown order, and Line 5 remains exposed to exceptionally strong currents, lakebed scouring, new anchor and cable strikes, and corrosion. At the same time, Enbridge is seeking permission to locate a tunnel to carry the petroleum under the Straits, posing another set of unacceptable risks.

 In 2022, to shut down Line 5 and stop the ill-advised oil tunnel, FLOW:

  • Spurred Public Engagement & Comment—Spurred, as a founding steering committee member of Oil & Water Don’t Mix, vigorous public engagement and public comment last fall as part of  the U.S. Army Corps of Engineers review of the proposed oil tunnel; and FLOW also prepared final comments submitted to the federal agency on October 14.
  • Helped Reopen the Record on Proposed Tunnel—Helped persuade the Michigan Public Service Commission in July to reopen the record to receive more safety details on the tunnel proposal and Line 5 pipelines.
  • Hosted a Line 5 Livestream—Co-hosted, in partnership with Oil & Water Don’t Mix and the Bay Mills Indian Community, a July livestream event on the status of the Line 5 struggle that drew nearly 600 registrants and reached thousands more people through social media and our e-newsletter.
  • Released a New Fact Sheet—Published a new Line 5 fact sheet.

    Groundwater: Strengthening Protection of Our Sixth Great Lake

    FLOW’s 2022 reportBuilding Consensus: Securing Protection of Michigan’s Groundwater.

    The volume of groundwater in the Great Lakes Basin is comparable to the volume of Lake Huron—in essence, it’s the sixth Great Lake. Groundwater supports industry and agriculture, recharges our streams and the Great Lakes, and provides drinking water to millions of people.

    But because it is out of sight, and therefore often out of mind, groundwater is the least protected arc of that cycle. Limited protections and underinvestment in monitoring have allowed contamination to plague groundwater in tens of thousands of locations in Michigan. Since 2018, FLOW has advanced groundwater as a top priority, bringing new attention and momentum to its stewardship.

    Since 2018, FLOW has advanced groundwater as a top priority, bringing new attention and momentum to its stewardship.

    One of the biggest threats to Michigan’s groundwater is 130,000 failing septic systems. They pollute groundwater with pathogens and household toxic materials, yet Michigan is the only state lacking statewide requirements for inspection, maintenance, and replacement of failing septic systems. FLOW and our partners are striving to remedy that unacceptable fact. 

    In 2022, to protect groundwater, FLOW helped lead the way with these actions:

    • Helped Pass a Countywide Septic Ordinance—Helped in August to persuade the Leelanau County Board of Commissioners, in northwest Michigan, to enact a countywide ordinance preventing and defending against septic system pollution of groundwater.
    • Published a New Groundwater Report—Released in June, as the culmination of 15 months of work, our report, Building Consensus: Securing Protection of Michigan’s Groundwater, and accompanying story map. The report expresses the consensus of multiple stakeholders critical to the state policy process that the state must do more to gather and analyze data fostering an understanding of the condition of groundwater. Key recommendations from the report have helped to form FLOW’s 2023 groundwater policy agenda.

      FLOW’s immersive Groundwater story map.

    • Hosted a Groundwater Livestream—Hosted a livestream in March featuring FLOW staff and five partners, including State Rep. Padma Kuppa and experts on groundwater from academia, the scientific community, and the state. In all, 180 people registered for the event, which offered perspectives on the critical importance of our groundwater resources and the work of the Michigan Groundwater Table convened by FLOW.
    • Collaborated on a World Water Day Resolution—Worked with Rep. Kuppa on a World Water Day resolution that was adopted by Michigan’s State House of Representatives.
    • Guided Water Infrastructure Funding—Engaged last spring with national, regional, state, and local partners, to determine the most impactful policy interventions to ensure the equitable distribution of state and federal funds for water infrastructure, including a $35 million appropriation to help address failing septic systems.

    Clean Water for All: Keeping Water Public and Protected

    Access to clean water for all is a human right and even more vital during emergencies including the COVID-19 pandemic, climate crisis, household water shutoffs in Detroit and elsewhere, and the Flint lead-tainted water crisis. The cost of inaction and the failure to fund public water infrastructure continues to result in water insecurity, flooding, pollution, and costly patchwork repair.

    Access to clean water for all is a human right and even more vital during emergencies including the COVID-19 pandemic, climate crisis, household water shutoffs in Detroit and elsewhere, and the Flint lead-tainted water crisis.

    In 2022, to ensure equitable funding for public water systems and to prioritize water access and affordability, FLOW:

    • Helped Advance Public Water, Public Justice in New York—Worked with New York State lawmakers in support of the newly introduced  Public Water Justice Act, based on FLOW’s groundbreaking 2018 model legislation to extend public trust protection to groundwater, establish a royalty and public justice trust fund from bottled water companies, and pay for water infrastructure priorities.
    • Supported Equity in Water Infrastructure Funding—Engaged statewide with Michigan lawmakers and the Whitmer administration on legislative and other proposals to equitably distribute an historic, short-term increase in federal funds for water infrastructure.
    • Participated in an Environmental Justice Livestream—Presented at an Environmental Justice livestream event hosted by the Great Lakes and St. Lawrence Cities Initiative in March.
    • Celebrated the 50th Anniversary of the Clean Water Act—Published original insights and perspectives throughout the year about keeping water protected and in public hands, including a series of articles in October on the 50th anniversary of the Clean Water Act and its importance, and asked in November, What Do the Election Results Mean for the Great Lakes State?
    • Hosted a Livestream with Maude Barlow—Hosted a livestream event in June with lifelong and world-renowned champion of water, Maude Barlow, who has written a memoir built on her career of activism. Its title, appropriately, is Still Hopeful: Lessons from a Lifetime of Activism. In the book, Barlow vividly details her work on many issues, perhaps most importantly her successful advocacy of water as a human right.

    In March, FLOW supported the introduction of three related public trust bills on groundwater, bottled water, and natural resources. 

    • Supported Public Trust Bills in Michigan—Supported in March the introduction of three related public trust bills to expand public trust protections to groundwater, end the bottled water loophole of the Great Lakes Compact in Michigan, and direct the Michigan Department of Natural Resources to be strong public trustee stewards. 
    • Collaborated on a Public Trust Resolution—Worked with state lawmakers to declare water as a public trust in a World Water Day resolution.  
    • Upheld the Human Right to Water & Sanitation—Continued our efforts to build upon the successful passage of the Human Right to Water and Sanitation Resolution in Traverse City. Promoted statewide and regional engagement on this resolution work with We the People, Michigan Municipal League (MML), Southeast Michigan Council of Governments (SEMCOG), and the Great Lakes and St. Lawrence Cities Initiative.
    • Drafted a Model Ordinance on Green Infrastructure—Drafted a model green infrastructure ordinance that would require municipalities to evaluate the economic and environmental effectiveness of green infrastructure alternatives—assisted by MML, SEMCOG, and City of Grand Rapids.
    • Advanced Green Infrastructure in Communities—Continued to work with Traverse City and Marquette on advancing green infrastructure as part of their new master plans to benefit the environment and save taxpayer dollars.

    FLOW’s Commitment: Lifting Up Young Leaders on Water Protection

    FLOW Executive Director Liz Kirkwood

    Too often we hear that members of Generation Z, those born between 1997-2012, mistrust government, worry about the future of democracies, and feel overwhelmed by the weighty burden of climate change they are inheriting. But from the depths rise the leaders of tomorrow—our beacon of hope.

    “Protecting our precious waters is a multigenerational mission,” said FLOW Executive Director Liz Kirkwood.

    “Protecting our precious waters is a multigenerational mission,” said FLOW Executive Director Liz Kirkwood. “We put that mission into practice not only by pursuing solutions to water problems that will pay off for generations to come, but also by engaging young people who will carry forward the work as part of a rising generation.”

    In 2022, to lift up the youth water movement, FLOW was proud to engage with:

    Lucy Jones enjoys a Lake Michigan sunset.

    • Water&—Bebe Schaefer and Rachel Roberts, two students at American University in Washington, D.C., recently launched the nonprofit organization Water&, on a “constant journey of collective action.” We at FLOW were thrilled to join hands with Water& and other young adult-led organizations in the Great Lakes Basin, and in our nation’s capital, to expand hope and leadership in the protection of our public waters.
    • Mackenzie Joseph—Our highly productive summer 2022 Milliken Intern for Communications was Mackenzie Joseph, a native of Johnstown, Ohio, and rising senior at Ohio University in Athens, who is majoring in Communication Studies with minors in History, English, Writing, and Political Communication. 
    • Mary Basso and Irene Namae—Our ambitious and talented summer 2022 Milliken Interns for Law and Policy were Mary Basso and Irene Namae. Irene was born in Uganda; after finishing a Bachelor of Law there from Makerere University, she served as a magistrate judge. She currently is pursuing her PhD in law at the University of Arizona, focusing on Indigenous Peoples Law and Policy.  Mary Basso is from Owosso, Michigan. After finishing a bachelor’s degree, Mary moved to Nashville, Tennessee, to study law at Vanderbilt University Law School.
    • Lucy Jones—When FLOW first wrote about Lucy Jones—the inspiring Traverse City teen who creates and sells jewelry to benefit the Great Lakes—last February, our supporters were moved by her environmental ethic and enterprising spirit. So we thought it was fitting to catch up with Lucy at year’s end with her holiday sales in full swing. FLOW thrives on these creative collaborations with teens and young adults—the Next Generation—who take action and lead the way to protect fresh water.

    Looking to 2023: Abundant Opportunity to Protect Fresh Water for All

    Now comes the next phase of the work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all. As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.

    “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it,” said FLOW Executive Director Liz Kirkwood.

    “Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”


    P.S.—Your Inside Look at FLOW with Liz Kirkwood Starts Now. Take an exclusive look behind the scenes at FLOW’s work, made possible by our generous supporters:


     

    What Do the Election Results Mean for the Great Lakes State?

    While the word “water” was not on the November 8 statewide general election ballot in Michigan, it was present on the ballot in various local communities and in different, more subtle ways across the Great Lakes State.

    In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements. In northwest Michigan’s Leelanau Township, for instance, 60% of voters approved zoning amendments designed to protect water quality; and Leelanau County is poised by month’s end to implement a county-wide septic code ordinance after the county board’s bipartisan vote in August following years of rancorous debate and unsuccessful attempts at passage.

    In Ann Arbor, a whopping 71% of voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change. The funds will come from an up to 1-mill ($1 for every $1,000 in taxable value) increase in city property taxes over the next 20 years, which will raise an estimated $6,800,000 in the first year levied. Authorized uses include year-round composting; expanded residential/multifamily recycling; community and rooftop solar programs; rental and low-income household energy programs; bicycle, pedestrian and transit infrastructure; neighborhood resource centers; electric vehicle infrastructure; and tree plantings.

    In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements.  A whopping 71% of Ann Arbor voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change.

    At the county level, decisions made by voters on whom to elect as commissioners in each of Michigan’s 83 counties could affect whether these jurisdictions in the near term take on one of the problems most threatening the state’s waters, an estimated 130,000 failing septic systems. Michigan remains the only state without a statewide law to set minimum standards for inspecting, maintaining, and replacing broken septic systems to protect surface water and groundwater and safeguard public health, so regulation is limited for now to a patchwork of local ordinances.

    Historic Shift in Michigan’s Government

    For the first time since the 1980s, Democrats have won the governor’s office, with the re-election of Gretchen Whitmer, and majorities in both chambers of the Michigan Legislature, albeit by just two seats in each chamber, which Republicans had controlled during Whitmer’s first term. The historic shift, along with the re-election of Dana Nessel as attorney general, promises to have enormous influence on the quality of water and other natural resources of the state.

    enbridges-line-5-under-the-straits-of-mackinac-4f9997139d321d60

    A diver points to a segment of the dual Line 5 oil pipelines operating under in the Straits of Mackinac since 1953.

    As an example, Whitmer and Nessel have been partnering on a legal strategy to shut down Line 5, Enbridge’s risky, antiquated twin petroleum pipelines operating in the Straits of Mackinac, while their Republican opponents had pointedly promised to drop the litigation if elected. And Gov. Whitmer will have the opportunity to speed up progress on her climate action plan, restore polluter-pay cleanup laws weakened under former Republican Gov. John Engler, and protect and restore the Great Lakes. Widespread PFAS contamination, E. coli pollution, and harmful algal blooms also remain key priorities.

    In the 2023-2024 session of the legislature, lawmakers will likely decide whether to enact a statewide law to control failing septic systems and whether to spend a part of several billion dollars in federal aid to maximize Michigan’s historic investments in clean drinking water, wastewater, stormwater, and other water infrastructure projects – including aging dams on Michigan rivers.

    FLOW: It’s Time to Seize the Opportunity to Protect Fresh Water for All

    As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.

    FLOW Executive Director Liz Kirkwood

    “For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.”

    “For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.

    Public Water, Public Justice

    Governor Whitmer should play a leading role to close the bottled-water loophole in the Great Lakes Compact that presently allows diversions of water in containers less than 5.7 gallons. To do so, Kirkwood called on the governor and legislature to adopt FLOW’s “Public Water, Public Justice” model legislation that would generally prevent diversions by requiring small container diversions to be aligned with Public Trust principles, licensed by the state, and subject to royalties that would generate state revenue for Michigan’s vast water infrastructure needs.

    “Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

    “Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

    On the Federal Front

    Finally, all 13 of Michigan’s seats in the U.S. House of Representatives were contested in the November 8 election, with all incumbents who ran winning re-election, and Republicans gaining a slim majority in the chamber. Democrats retained narrow control of the U.S. Senate, and all Midwest governors on the ballot were re-elected.

    The U.S. House will consider legislation in 2023 to address PFAS, the so-called “forever chemicals,” which have contaminated over 200 sites in Michigan, and renewal of federal funding for the Great Lakes Restoration Initiative.

    Everywhere you look, water issues colored Michigan election choices and outcome. Now comes the real work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all.

    Michigan Legislature on Wednesday Will Consider Bill to Control Waste from Septic Systems

    Editor’s note: FLOW supports the consideration of newly introduced legislation to control septic system sewage and looks forward to helping strengthen the bill’s provisions to ensure the strongest possible protections for public health and public waters. Please read the article, and use the links to contact the bill’s co-sponsors using the information below to express your support.


    Wednesday marks an important moment in the decades-long effort to protect Michigan’s public health, wells, and water from pollution caused by failing septic systems. At 10:30 a.m. on Weds., Sept. 28, a state legislative committee will take up a bill requiring inspection of septic systems at the time a property is sold.

    FLOW encourages the public to contact the bill’s co-sponsors—Rep. Yaroch and Rep. Rendon—to express support for their legislation to protect public health and public waters.

    The House Committee on Natural Resources and Outdoor Recreation will hear testimony on House Bill 6101, which was introduced by Rep. Jeff Yaroch, R-Macomb County, and Rep. Daire Rendon of Lake City, in Missaukee County. While the committee bill is not expected to vote on the measure Wednesday, the hearing could lay the groundwork for action after the November election, during the lame-duck session, or early in the 2023 legislative session. FLOW encourages the public to contact the bill’s co-sponsors—Rep. Yaroch and Rep. Rendon—to express support for their legislation to protect public health and public waters.

    Michigan is the only state lacking a law to require inspection of septic systems. It is an urgent priority, with an estimated 130,000 failing septic systems in Michigan releasing approximately 9.4 billion gallons of poorly or untreated sewage into the soil and environment each year.

    Michigan is the only state lacking a law to require inspection of septic systems. An estimated 130,000 failing septic systems in Michigan each year release approximately 9.4 billion gallons of poorly or untreated sewage into the soil and environment.

    How Did We Get Here on Septic?

    For two decades, proponents of the legislation have unsuccessfully attempted to secure passage by the legislature of such a law. FLOW and many of our allied organizations support a statewide septic code, working for years to lay the groundwork for passage. FLOW supports the introduction of H.B. 6101 and looks forward to helping strengthen the bill’s provisions to ensure the strongest protections for public health and public waters.

    One of the witnesses scheduled to testify on Wednesday is Dr. Joan Rose, a Michigan State University researcher and microbiologist, who co-authored a study finding human fecal indicator bacteria in every river tested in a 64 river systems that drain approximately 84 percent of the Lower Peninsula. 

    Dr. Joan Rose, a Michigan State University researcher and microbiologist, will testify Wednesday on the septic bill.

    Rose was a key presenter at the Michigan Septic Summit, hosted in November 2019 by FLOW and our partners and allies and attended by over 150 public health experts, scientists, local government representatives, nonprofit organizations, and interested citizens. At the Septic Summit, Dr. Rose spoke about her study’s finding on septic pollution.

    The results were clear, Rose said. “The more septic systems in the watershed, the more human fecal source tracking bacteria in the water. If we want to keep E. coli and other pathogens out of our waterways, we need to address the problem of septic systems that may be failing to adequately treat our wastewater.”

    FLOW continues to educate and empower the public on the need for a statewide septic system policy in order to protect public health, local communities, lakes, and ecosystems—especially groundwater, the source of drinking water for 45% of Michigan’s population.

    Learn More

    To learn more, dive into FLOW’s original articles, videos, and other content on the need to stop septic pollution, including materials published Sept. 19-23 during SepticSmart Week, a U.S. Environmental Protection Agency annual educational initiative, at www.ForLoveOfWater.org and on FLOW’s Facebook, Instagram, and Twitter.

    What the Big Water Infrastructure Law Means for Michigan

    On March 30, Governor Gretchen Whitmer signed into law a $4.7 billion bill that includes almost $2 billion for water infrastructure.  Overwhelming majorities of the State House and Senate approved the bill on March 24.

    Relying heavily on federal COVID-19 relief and infrastructure dollars, the legislation funds wastewater and drinking water projects, efforts to curb PFAS contamination, assistance to replace failing septic systems, replacement of lead pipes in municipal drinking water systems, and a healthy hydration program to eliminate children’s lead exposure in school drinking water supplies.

    The new law also contains funding for state parks maintenance, dam safety, and non-environmental projects. Deeply concerning is the $50 million taxpayer-funded subsidy the legislation provides to a private company to mine potash in Osceola County, which has drawn well-informed criticism from Michigan Citizens for Water Conservation (MCWC), as well as from FLOW. MCWC asked Governor Whitmer to veto the item. The proposed operation would withdraw 1,200 gallons of groundwater per minute, more than 630 million gallons per year, contaminate it with brine, hydrogen sulfide, and hydrocarbons, then inject it underground in sensitive wetland areas that flow into the Muskegon River. Whitmer did not veto the subsidy.

    “This legislation is a major step forward in protecting Michigan’s drinking water and our lakes and streams, but it is not perfect,” said FLOW Executive Director Liz Kirkwood. “Big as this bill is, it represents a much needed down payment. The estimated gap between our water infrastructure needs and what we’ve been spending is almost $1 billion – per year.

    “We also need to develop policies and funding mechanisms that make public water affordable for all, while preventing shutoffs,” she said.

    Lisa Wozniak, the executive director of the Michigan League of Conservation Voters, called the water infrastructure legislation “a huge win for our water.” 

    Conan Smith, president and CEO of the Michigan Environmental Council, said the legislation “will be instrumental in ensuring Michiganders everywhere have access to clean, safe drinking water and will protect human health, not to mention create jobs and strengthen our economy.”

    Key items in the bill include:

    • $750 million for drinking water infrastructure improvement projects
    • $515 million for wastewater and stormwater upgrades
    • $450 million for local and state parks and trails
    • $200 million for the Four Lakes Task Force to fix the dams that burst two years ago in Midland County
    • $138.8 million to replace lead service lines, including $45 million in Benton Harbor and $75 million in Detroit
    • $88.2 million to address emerging contaminants, like toxic PFAS contaminants in storm and wastewater
    • $50 million for a Healthy Hydration program providing drinking water filters in schools and childcare facilities
    • $35 million to address failing septic systems
    • $25 million for electric vehicle (EV) industry support and pilot programs

    Sponsored by Republican Senator Jon Bumstead, Senate Bill 565 originally included $3.3 billion of funding for water, which was more than Governor Whitmer, a Democrat, was willing to support at the time. After negotiations, the bill grew to $4.7 billion, adding funds for non-environmental needs, including emergency rental assistance and road and bridge projects.

    Two of FLOW’s priorities are in the bill:

    • A $35 million program of low-interest and no-interest loans to help  property owners replace failing septic systems. With an estimated 130,000 failing systems leaking human waste and household hazardous wastes into Michigan’s groundwater and surface water, the need is great.
    • $10 million to implement recommendations of the state Water Use Advisory Council. Endorsed by the multi-stakeholder Michigan Groundwater Table convened by FLOW, the recommendations for monitoring, data collection, analysis, and reporting should lead to better stewardship of groundwater

    In addition to the controversial potash mining subsidy, Smith said the bill contained a “fairly egregious insertion” of $25 million for building new low-carbon energy facilities. “This very likely means funding for ethanol and other biogas projects, rather than wind and solar. These projects have far-reaching consequences, including slowing our transition away from natural gas and exacerbating problems with monoculture agriculture that we are already experiencing in Michigan,” Smith said.

    Many implementation details remain to be resolved. The legislation gives significant leeway to state agencies in funding projects. For example, the legislation’s septic system language calls for the Department of Environment, Great Lakes, and Energy (EGLE) to “establish and support a loan program that provides low- or no-interest loans to municipalities, residents, and other entities deemed necessary by [EGLE] to protect public health and the environment through addressing failing septic systems.”

    FLOW and other environmental organizations will make recommendations regarding, and monitor the implementation of, the environmental provisions of the infrastructure legislation to assure maximum benefits to Michigan residents in greatest need and the environment.