Tag: FLOW

A ‘Line 5’ Oil Tunnel Won’t Protect the Great Lakes from Enbridge, Climate Change

Above: FLOW’s Liz Kirkwood speaking in opposition to a proposed oil tunnel in the Straits of Mackinac, during a November 8, 2018, hearing in St. Ignace.


In the world of public relations, there are facts, exaggerations, and untruths. Right now, Enbridge is bombarding the people of Michigan with hazy PR claims that it has safely operated the Line 5 oil pipelines in the open waters of the Straits of Mackinac for the last 66 years.

The Canadian energy pipeline giant, however, conveniently fails to tell the public that it has allowed the pipelines to deteriorate badly, bending and grinding on the lake bottom in the fierce currents. Enbridge also neglects to mention that on April Fools’ Day 2018, Line 5 threatened to dump its oil into the Great Lakes when a tugboat anchor struck, and risked breaching, the underwater pipelines. 

Rather than seizing on this near-disaster to decommission the decaying pipeline infrastructure built in 1953, the Snyder administration instead spent its final eight months in office cementing a private pact with Enbridge. The backroom deal would leave Line 5 vulnerable to another anchor strike or rupture for up to a decade while Enbridge explores the feasibility of building an oil tunnel under the Straits.

Michigan’s new attorney general, Dana Nessel, in late March correctly determined that the tunnel law passed hastily in the waning days of the 2018 lame-duck legislature was unconstitutional. Gov. Gretchen Whitmer later that same day directed all state departments to halt work on tunnel permitting. But Gov. Whitmer’s recent opening of negotiations with Enbridge seeking to speed up the stalled tunnel process contradicts her own directive and circumvents a transparent public process.

Trying to hasten a bad idea won’t make it any better. While seeking to revive Snyder’s 99-year tunnel deal with Enbridge risks undermining Gov. Whitmer’s own goal to combat climate change risks and impacts.

And Enbridge and the former Snyder administration’s claims that the proposed oil tunnel would serve a public purpose by also housing electrical and other utilities is a ruse that masks an enormous risk of explosion, as experts advising FLOW determined in prior research.  

Just today, in fact, an electrical supplier to the Upper Peninsula – American Transmission Company or “ATC” – issued a letter indicating that it has no intention of running its 138,000-volt electric lines through the proposed oil tunnel. “A tunnel of uncertain timing, later in the decade, does not serve the public,” the letter stated. “ATC does not believe that installing high voltage electric lines in close proximity to high pressure oil or gas lines is a good idea.”

It’s never been clearer that Enbridge is pretending there’s a public purpose to their private oil tunnel in order to gain access to the public waters and bottomlands of the Great Lakes. The Great Lakes Submerged Lands Act requires there be a “public purpose,” no impairment or interference with fishing and other public trust uses and rights of citizens and communities, and a showing of no feasible and prudent alternative for transporting Canadian oil back to Canada. The state of Michigan must restore the rule of law and transparency by requiring Enbridge to apply to build a tunnel in the Straits under the law, not negotiate occupancy of public bottomlands behind closed doors.

The real solution to the Line 5 threat must protect the Great Lakes, which define Michigan, drive our economy, and provide drinking water to half the state’s population. Gov. Whitmer must heed her campaign promise to shut down Line 5, while implementing a common-sense backup plan for propane transport in the Upper Peninsula using truck, train, or a small new pipe that doesn’t cross the Straits of Mackinac.

Let’s cut through Enbridge’s PR-fog and get the facts straight. Line 5 is not vital energy infrastructure for Michigan. More than 90 percent of the oil in Line 5 comes from and flows back to Canada.

Not only does Enbridge lack adequate insurance to cover the impacts of a catastrophic spill estimated from $1.87 billion to as much as $45 billion, the company’s oil spill response plan was held to be inadequate in late March by the U.S. District Court for the Eastern District of Michigan.

Liz Kirkwood, Executive Director

Enbridge’s dismal track record is underscored by its 2010 Line 6B Kalamazoo River disaster – known as the largest inland tar sands oil spill in U.S. history – and extends to Line 5, which has leaked in total over a million gallons of oil in Michigan and Wisconsin from at least 33 known spills since 1968.

Infrastructure needs abound in Michigan – ranging from our failing drinking water and wastewater infrastructure to the aging Soo Locks and a long-term clean energy plan for the U.P and the state as a whole.  Let’s shut down Line 5 and create jobs focused on those real needs, instead of protecting Enbridge’s private interest in our public waters.


FLOW Hires Journalists Kate Bassett and Jacob Wheeler

May 2, 2019

Liz Kirkwood, Executive Director                                                                  Email:Liz@FLOWforWater.org
FLOW (For LoveofWater), Traverse City, MI                                                Web: FLOWforWater.org
Office: (231) 944-1568                                                                                    Cell: (570) 872-4956


FLOW (For Love Of Water), a Great Lakes law and policy center based in Traverse City, recently hired two local newspaper editors and passionate environmental stewards to join its growing team of advocates for the Great Lakes and the public trust. Harbor Springs resident Kate Bassett started in March as FLOW’s new Development Director; Leelanau County native Jacob Wheeler started in April as Communications Coordinator. Both work at FLOW part-time.

“It brings me great pleasure to welcome Kate Bassett and Jacob Wheeler to our staff,” said Liz Kirkwood, executive director of FLOW. “Kate already has helped to grow FLOW’s reach, and is an amazing connector with those who love and want to protect the Great Lakes. And Jacob since his first days on the staff has brought insight, focus, videography skills, and a fine writing voice to our website and social media platforms. We are so very fortunate to attract such talented, passionate, and energetic staff to the FLOW team.”

Kate Bassett

Kate has been a storyteller, community builder, and passionate advocate for the Great Lakes since moving to northern Michigan 18 years ago. As the editor of the Harbor Light Newsin Harbor Springs for nearly two decades, Kate has worked to connect people, celebrate a sense of place, and create partnerships to improve economic, environmental, and educational collaborations in the region.

A grassroots organizer at heart, Kate developed programs to raise funds for critical health and human service nonprofits, served as a founder for the Harbor Springs Festival of the Book, and served on numerous boards and advisory councils for area nonprofits before joining FLOW’s staff as Development Director.

“Lake Michigan is my reset button,” says Kate, who always carries a river or lake stone in her pocket. “I find myself pulled to the water almost every day, in every season. Ice songs and deep summer dives—I don’t know the precise moment it happened, but these waters are stitched into my bones.”

Jacob Wheeler

Jacob edits and publishes the Glen Arbor Sun, a seasonal, biweekly newspaper that celebrates and tells stories about Leelanau County’s unique characters and places; he founded the Sun when he was 18, partly as a way to pay for his studies at the University of Michigan. He also teaches journalism and advises the White Pine Press student newspaper staff at Northwestern Michigan College in Traverse City.

Born in Denmark and raised in rural Leelanau County, Jacob holds dual citizenship and (on a good day) speaks four languages. On cold, grey winter days, he sometimes dreams of Guatemala, where he spent his mid-20s, living in a Mayan highland village, learning Spanish, swimming in a volcanic lake, and writing a book about the country’s child adoption industry.

“My favorite ways to experience the Great Lakes include swimming—nine months a year!—in Lake Michigan’s holy waters or running or biking along her shoreline,” said Jacob, for whom the concept of the public trust—as policy, as a community, and as a spiritual rallying cry—resonates deeply.”


Reflecting on Earth Day 1970 in Michigan and the Origin of the State’s Environmental Movement

Above: Poster for the ENACT (Environmental Action for Survival) Earth Day Teach-In on the University of Michigan – Ann Arbor campus in March 1970.


“Man has so severely despoiled his natural environment that serious concern exists for his survival…What began as an idea and a desire to do something about saving our environment by a small study group has now mushroomed into an officially recognized organization with nearly 200 members.”

— From the newsletter of ENACT (ENvironmental ACTion for Survival), University of Michigan, Nov. 19-28, 1969

The public concern awakened in 1962 by Rachel Carson’s Silent Spring had deepened with news of the exploding world population and declining wildlife species like bald eagles, which plummeted to just 82 pairs in Michigan during the 1960s after DDT exposure thinned their eggshells. As pollution darkened skies and choked rivers, many new activists drew a link between environmental problems and threats to the survival of the human race. The new movement of environmentalists suddenly became a major force in Michigan during the late 1960s and early 1970s.

Jane Elder, who worked for the Michigan chapter of the Sierra Club in the 1970s, said, “I and many others of the new environmental movement came of political age during the closing scenes of Viet Nam and the crest of civil rights. We knew we could change the world, and saving the environment was part of that agenda. We saw a generation of activists stop a war. Our motivations were driven in part by collective vision and passion, not the inside game.”

The Pioneering Work of Joan Wolfe in Michigan

One of the most effective of the new advocates was a bird-lover, mother, and volunteer, Joan Wolfe of Rockford, north of Grand Rapids. Born in Detroit in 1929, Wolfe grew up in Highland Park with parents who contributed considerable time to community affairs. Her mother was president of the local hospital auxiliary and of the Girl Scout Council; her father was president of the Highland Park school board and of the state chapter of the American Institute of Real Estate Appraisers. By contrast, her husband Willard had no family tradition of community activism, but had become an active fly fisherman. In his childhood living on the Detroit River at Grosse Ile just before World War II, he had seen “tremendous weed growth” and stayed out of the polluted water, but hadn’t then made broader observations about the condition of the outdoors. He was delighted to find trout in the Rogue River, which wound through the Rockford area, when the Wolfes moved there in the late 1950s. But the same stream was also fouled by effluent from the Wolverine Tannery and a paper mill. “There was no outcry,” Will Wolfe said in 1999. “It was still too close to the Depression. The problem was too close to the bread and butter of the community.”

Soon both of the Wolfes would become activists. In the early 1960s, Joan Wolfe became president of the Grand Rapids Audubon Club. In that position she tried to call the attention of Audubon members to issues that connected bird conservation to larger trends such as habitat loss and pesticide use.

A fire on the Cuyahoga River at Cleveland in July 1969 helped galvanize public sentiment for Earth Day the following year. A fire also erupted on the Rouge River in southeast Michigan in October 1969, alarming the public and inspiring calls for tougher environmental laws.

Her most important work began in 1966. Working with 11 sponsoring organizations, Joan Wolfe coordinated an all-day seminar that October at the Fountain Street Church in Grand Rapids to educate the community about problems facing the local, state, and national environment. It was one of the biggest events of its kind in that era, attracting over 500 people, half of them college students. Officials of the state conservation and public health departments spoke on the need for better sewage systems and the dangers of persistent chemicals, but others addressed threats caused by growing population and a social attitude that science could fix any natural resource problem. Dr. Howard Tanner of Michigan State University’s Department of Natural Resources said the predicted U.S. population of 400 million in the year 2000 posed special challenges, adding, “if we don’t put a level on our population and give thought to its distribution, we’re just stupid. There’s no other word for it.” Merrill L. Petoskey, assistant manager of the Southern Michigan Region of the department of conservation, called humankind “too reckless and too greedy. It’s almost past time when we can repair the damage we have caused.” 

The process of planning the seminar had resulted in general agreement among the sponsoring organizations that the community needed a coordinating organization. In February 1968, Joan Wolfe pulled together a dinner of Grand Rapids community leaders to ask their support for something she was calling the West Michigan Council on Environmental Action. The roster of the meeting was extensive and impressive.  Paid for by the Dyer-Ives Foundation, the dinner was attended by representatives of the local League of Women Voters, the West Michigan Tourist Association, the local Garden Club, the Anti-Pollution Committee of the utility workers local union, the Isaac Walton League, the Grand Rapids Press and WOOD-TV, the president of Grand Valley State College, and other dignitaries.

The group agreed on the need for a council of organizations and individuals who would work together on environmental causes, and they signed up to support it.  At the new council’s first meeting the following month, Wolfe was named president. The council grew quickly to include 45 organizations and more than 400 individuals. The organization also launched its issues work quickly, speaking at numerous hearings held by government agencies. An official of the state water resources commission exclaimed at a public hearing in 1968, “This is the first time we’ve heard from the grass roots.”

Gaylord Nelson Takes It National

U.S. Senator Gaylord Nelson of Wisconsin had proposed a national environmental “teach-in” on college campuses to be held in April, urging that it become an opportunity for learning about the nation’s and world’s grave environmental problems. Fueled by campus activism, the teach-ins evolved into Earth Day and stunned skeptics. An estimated 10,000 schools, 2,000 colleges and universities, and almost every community in the nation participated in events to celebrate and clean-up the environment. Cars were banned for two hours on Fifth Avenue in New York City. The U.S. Congress adjourned for Earth Day so that members could attend teach-ins in their districts.

All three major TV networks covered the events around the country. A geology student attending Albion College, Walter Pomeroy, appeared on a CBS-TV prime-time special on April 22, Earth Day: A Question of Survival, hosted by Walter Cronkite. In contrast to protests on other campuses that Cronkite called sometimes “frivolous,” the Albion activities Pomeroy organized included the cleanup of a vacant lot to create a small urban park.

Albion called itself “Manufacturing City U.S.A.,” CBS reported, and not all its foundries had installed air pollution control equipment. But Pomeroy told reporter Hughes Rudd that he had arranged meetings with the local polluters to promote dialogue.  “We were afraid,” he said, “that if we picketed the factories, it would actually turn the community against us.” The special showed Pomeroy’s fellow students jumping up and down on the non-aluminum cans they’d collected in the cleanup, making them easier to return to the manufacturer with a message that it should switch to recyclable materials. Michigan television stations also broadcast specials in the season of Earth Day. WOOD-TV in Grand Rapids broadcast a series, Our Poisoned World, detailing serious local air, water, and noise pollution, and the problem of garbage disposal.

Michigan One of the Hotbeds of Earth Day Action

At a five-day teach-in on the University of Michigan campus in Ann Arbor in March, in which an estimated 50,000 persons participated, Victor Yannacone, who in 1967 had filed the Environmental Defense Fund lawsuits to stop the spraying of DDT and dieldrin, spoke on use of the courts to halt pollution. He told students, “This land is your land.  It doesn’t belong to Ford, General Motors, or Chrysler…it doesn’t belong to any soulless corporation.  It belongs to you and me.” A new student group called ENACT organized the week’s events, which included an “Environmental Scream-Out,” a tour of local pollution sites, music by popular singer Gordon Lightfoot, and speeches by entertainer Arthur Godfrey, scientist Barry Commoner, consumer advocate Ralph Nader, and Senators Nelson and Edward Muskie of Maine.

Business Week magazine said the Ann Arbor event had attracted the greatest turnout of any teach-in to that date.  Noting that President Richard Nixon and college administrators hoped environmental issues would turn students away from Vietnam War protests, the magazine fretted that it appeared “the struggle for clean air and water is producing as many radicals as the war.  And if the rhetoric at Michigan is any guide, business will bear the brunt of criticism.”

Action Took Different Forms on Different Campuses

Tom Bailey, a Marquette high school student, worked with students at Northern Michigan University to plan Earth Day activities.  One was a “flush-in.” Students flushed fluorescent dye tablets down dorm toilets at a synchronized moment in an effort to prove that sewage was directly discharging into Lake Superior. 

Events like these not only attracted the attention of the press, but also gave future environmental professionals their first major public exposure. Bailey later worked for the state Department of Natural Resources, as had his father, and became executive director of the Little Traverse Conservancy. One of ENACT’s founders on the University of Michigan campus, John Turner, later became director of the U.S. Fish and Wildlife Service.  Doug Scott, a graduate student active in ENACT’s teach-in planning, moved on to the national staff of the Wilderness Society and the Sierra Club.

Student concern and action did not stop on Earth Day. Walt Pomeroy of Albion College contacted activists on other campuses who agreed the next logical step was the formation of a student lobby for the environment.  Described as “lobbyists in blue jeans” by one newspaper, the new Michigan Student Environmental Confederation received a surprisingly warm welcome from some in the Capitol.

“Soon we made friends in the legislature on both sides of the aisle,” said Pomeroy in 1999. “We learned a day at a time. And since we were in the Capitol almost every day, our network of friends and supporters expanded from just student groups to a diversity of community, environmental and sportsmen groups. Legislative priorities turned into victories…We started an environmental organization with a good cause, not much financial support and worked with the sportsmen and other environmental groups. We created the path – the opportunity – for others to also organize environmental groups and hire staff. None had existed solely to focus on state environmental legislative policies prior to the creation of MSEC. Many followed and are now part of the accepted political landscape in Lansing and throughout Michigan.”


About the Author:

Dave Dempsey, Senior Advisor

FLOW Senior Advisor Dave Dempsey has 35 years’ experience in environmental policy. He served as environmental advisor to former Michigan Governor James Blanchard and as policy advisor on the staff of the International Joint Commission. He has also provided policy support to the Michigan Environmental Council and Clean Water Action. He has authored several books on the Great Lakes and water protection.

This article has been edited and excerpted from Dave Dempsey’s book, Ruin and Recovery: Michigan’s Rise as a Conservation Leader.


FLOW’s Statement on Negotiations Between Gov. Whitmer and Enbridge on Line 5 Tunnel, Pipeline

FOR IMMEDIATE RELEASE:                                                                                              April 17, 2019

Liz Kirkwood, Executive Director                                                                 Email: Liz@FLOWforWater.org
Office: (231) 944-1568                                                                                     Cell: (570) 872-4956

Jim Olson, President, Cell: 231-499-8831                                                   Email: olson@envlaw.com
FLOW (For Love of Water), Traverse City, MI                                           Web: www.FLOWforWater.org


FLOW Statement on Negotiations Between Gov. Whitmer and Enbridge on Line 5 Tunnel, Pipeline


Traverse City, Mich. –  FLOW (For Love of Water) issued the following statement on the disclosure that Gov. Gretchen Whitmer and Enbridge Energy will discuss expediting construction of an oil tunnel beneath the Straits of Mackinac while the company’s troubled Line 5 pipelines continue operation in the Straits:

“We are concerned about this development. Every day that the Line 5 pipelines continue to operate is a risk to our precious Great Lakes,” said FLOW executive director Liz Kirkwood. “State government’s efforts should first and foremost be devoted to shutting the pipeline down, not negotiating its continued operation while a tunnel is explored and possibly built.

“Now that the Governor has chosen to engage in this process, we hope and trust it will be a transparent one. It is unfortunate that her predecessor engaged in secret talks on agreements with Enbridge, and the lame-duck Legislature was so eager to benefit Enbridge that it passed a sloppy statute that the Attorney General ruled unconstitutional. We are confident this Governor will operate differently,” Kirkwood said.

“We are also hopeful that the Governor will restore and apply the rule of law to Enbridge’s operations in the Straits. Any easement or lease of Great Lakes bottomlands and any private control for a 99-year tunnel by a private company like Enbridge for a private operation must be authorized under the Great Lakes Submerged Lands Act (GLSLA),” said Jim Olson, President of FLOW.

“The GLSLA ensures a public review, analysis, participation, and a determination under standards that protect the public trust in the waters of the Great Lakes and the soils beneath them from privatization and impairment. It also ensures a thorough evaluation of feasible and prudent alternatives, including ones that do not involve use or control of the Great Lakes. No agreement between the executive branch and a private company can override this fundamental law,” Olson said.


With a New Agency Comes New Structure in Michigan

Once upon a time, state environmental agencies operated for decades under the same name, providing continuity and tradition — but perhaps failing to meet evolving needs.

The Michigan Department of Conservation operated for nearly 50 years, beginning in 1921, a period of rapid growth in the state forest and park system and the gradual adoption of pollution control measures by commissions and boards. That changed in 1970 when, by executive order, then-Governor William Milliken united natural resources and environmental programs under one roof and called it the Department of Natural Resources. This structure, in turn, lasted a quarter century.

In 1995, then-Governor John Engler divided the natural resources and environmental programs again into a Department of Environmental Quality and DNR. In 2009, then-Governor Jennifer Granholm united them under the banner of the Department of Natural Resources and the Environment. And in 2011, then-Governor Rick Snyder cleaved them again in two.

This month — on Earth Day, April 22 — the latest reorganization takes effect. Governor Gretchen Whitmer has created a Department of the Environment, Great Lakes, and Energy (EGLE) to coexist with the DNR. It’s the most ambitious of all the natural resource agency reorganizations.

The order says, “State government needs a principal department focused on improving the quality of Michigan’s air, land, and water, protecting public health, and encouraging the use of clean energy. That department should serve as a full-time guardian of the Great Lakes, our freshwater, and our public water supplies.” It is unprecedented for energy to be a major priority of the state’s environmental agency.

The order contains several unique features and innovations:   

  • An Environmental Justice Public Advocate to, among other things, “accept and investigate complaints and concerns related to environmental justice within the state of Michigan.”
  • A Clean Water Public Advocate to handle complaints and “assist in the development, and monitor the implementation, of state and federal laws, rules, and regulations relating to drinking water quality.”
  • An Office of Climate and Energy to “provide insight and recommendations to state government and local units of government on how to mitigate climate impact and adapt to climate changes.”

These three focal points respond to specific environmental disasters and neglect of the previous administration, most notably the Flint drinking water tragedy, but they should have statewide impact, redirecting the new agency toward its most critical challenges.

Any new agency must establish new traditions and provide a face to the world. The old DNR was seen as both strong on resource protection and occasionally arrogant in its relations with the public. It’s to be hoped that the new EGLE (along with a reinvigorated DNR) emphasizes the former and shuns the latter. If it does, the Governor will have done the state, and future generations, a considerable favor.

FLOW Praises Governor for Action on Line 5


FOR IMMEDIATE RELEASE:                                                                      March 28, 2019

Liz Kirkwood, FLOW Executive Director                                                   Email: Liz@FLOWforWater.org
Office: (231) 944-1568, Cell: (570) 872-4956                                           Web: www.FLOWforWater.org

Jim Olson, FLOW Founder and President                                                Email: olson@envlaw.com
(231) 499-8831 

Dave Dempsey, FLOW Senior Advisor                                                     Email: dave@FLOWforWater.org
(612) 703-2720


In the wake of an opinion by Attorney General Dana Nessel invalidating a law that sought to give away Great Lakes public trust bottomlands to Enbridge for 99 years for a private oil tunnel, Governor Gretchen Whitmer has now ordered state agencies to pause permitting on Line 5, an action hailed by FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City.

“We welcome the Governor’s swift, prudent action to halt the legal effect of the law and tunnel and side agreements,” said Jim Olson, founder and president of FLOW. “Now, it’s time to bring the existing perilous Line 5 in the Straits under rule of law and decommission it as quickly as possible.”

“The backroom deals creating Enbridge’s proposed oil tunnel couldn’t survive public scrutiny, and now we know they can’t survive the rule of law,” said Liz Kirkwood, Executive Director of FLOW. “It’s time to focus on Michigan’s true energy future and protect Michigan’s Great Lakes and our economy from a Line 5 pipeline rupture. The path forward for Michigan is for Gov. Whitmer to immediately begin the process of decommissioning Line 5 in the Straits of Mackinac.”


FLOW Praises Attorney General for Restoring Rule of Law on Line 5


FOR IMMEDIATE RELEASE:                                                                      March 28, 2019

Liz Kirkwood, FLOW Executive Director                                                   Email:Liz@FLOWforWater.org
Office: (231) 944-1568, Cell: (570) 872-4956                                           Web: www.FLOWforWater.org

Jim Olson, FLOW Founder and President                                                Email:olson@envlaw.com
Cell: (231) 499-8831

Dave Dempsey, FLOW Senior Advisor                                                     Email:Dave@FLOWforWater.org
(612) 703-2720


FLOW supports attorney general’s process and opinion, which is binding on state agencies and rejects the fatally flawed law and undermines side agreements on Enbridge oil pipelines, proposed tunnel in Mackinac Straits


In a major step toward restoring the rule of law, Michigan Attorney General Dana Nessel issued an opinion today declaring unconstitutional a hastily crafted law that sought to give away Great Lakes public trust bottomlands to Enbridge for 99 years for a private oil tunnel, while allowing the aged, dangerous existing “Line 5” oil pipelines in the Straits to continue operating for another decade as the tunnel is considered and possibly built.

The move comes in response to a formal request by Gov. Gretchen Whitmer and is critical to unpacking the layers of problems with the law creating the Mackinac Straits Corridor Authority that the lame-duck legislature rushed through in late 2018.

“We applaud Attorney General Nessel for clearly recognizing the legislative overreach, restoring the rule of law, and stopping the attack on the Great Lakes and the state constitution, which demands that the state’s air, water, and natural resources are treated and protected as ‘paramount,’” said Liz Kirkwood, an environmental attorney and Executive Director of FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City.

The attorney general’s opinion on Public Act 359 is binding on state agencies and voids the tunnel agreement called for by the law, and also nullifies the legal effect of the side agreements reached between the state of Michigan under then-Gov. Rick Snyder and Line 5-owner Enbridge. Those agreements allowed continued oil pumping through the Straits, where Lake Michigan meets Lake Huron, and an easement and 99-year lease of Great Lakes public bottomlands to Canadian-based Enbridge for private control of the tunnel for its own gain.

Public Act 359 and the related agreements for a tunnel and continued use of the existing, flawed Line 5 were not authorized under the standards of public trust law; the state and Enbridge flouted the Great Lakes Submerged Lands Act (GLSLA) that requires transfers and agreements for occupancy of the soils of under the Great Lakes by trying to avoid and ignore this most basic law and public trust principles.

Public Act 359 and the side agreements are peppered with other serious problems, most of which are covered by the questions the Governor asked the Attorney General to answer, which include:

  • Adding the tunnel and corridor authority to the 1952 law that created the Mackinac Bridge Authority goes far beyond the original public purpose to build a public bridge;
  • Establishing a term for members of the board of the corridor authority that exceeds the 4-year limit under Article III of the Michigan Constitution;
  • Violating provisions of the state constitution that prohibit fostering private or special purposes, the commingling of the government to aid primarily private projects, the appropriation of public property for private purposes, and the entanglement of the credit and taxpayers of the State for primarily private purposes.

“We hope this critical first step by the Attorney General will be followed by an immediate and full review of the Snyder administration’s and agencies’ deliberate evasion of the rule of law and mishandling of the grave and continuing risks of the existing Line 5, and the real and imminent threat to the Straits of Mackinac, towns and cities like Mackinac Island, tribal fishing interests, private property interests, businesses, and the rights of the public in the soils and waters of the Great Lakes,” said Olson.

FLOW recommends that Gov. Whitmer take immediate action to end the massive threat posed by the existing Line 5 in the Straits of Mackinac in a swift and orderly fashion based on the rule of law under our state constitution, statutes, and the public trust doctrine in the Great Lakes, including by:

  • Acknowledging that State of Michigan agencies are bound by the attorney general’s opinion.
  • Sending a letter to Enbridge indicating that the company should decide for itself, if it wants to build a new oil tunnel, and apply, if it chooses under the Great Lakes to construct a tunnel under the rule of law. The rule of law requires a full consideration of the risk to the paramount public rights in the soils and waters of the Great Lakes, and a showing that the company has no prudent and feasible alternatives to using the Great Lakes as a shortcut for western Canadian oil on its way to refineries in eastern Canada as well as overseas markets. If the company does not chose to do this, or cannot satisfy these mandatory requirements that protect the Great Lakes, then it should choose to use other parts of its several-thousand mile system.
  • Starting the process to decommission the 66-year-old Line 5 pipelines in the Straits of Mackinac, which are operating without lawful authority, in violation of the public trust and GLSLA, and in violation of their 1953 easement granted by the state. If Enbridge chooses to continue operating the existing Line 5 in the future, it can apply under the GLSLA for new authority to continue using Line 5 if it can demonstrate little risk and no feasible and prudent alternative to the unacceptable existing Line 5, but the state is not obligated to agree.

“Public Act 359, coupled with the State’s public entanglement with Enbridge, has put private gain and economic interests above the State’s and public’s paramount trust interest in the waters and soils of the Great Lakes,” said Olson. “The unconstitutional law and entangled state and Enbridge agreements represent one of the largest, if not largest, threats in the state’s history to the state’s ownership and public trust duty to protect the public’s rights and uses from private takeover or harm to the Great Lakes.”


Taking Action on the “Forever Chemicals”


Governor Whitmer’s directive Tuesday to the Department of Environmental Quality to develop an enforceable state drinking water standard for toxic PFAS chemicals is a welcome step. It signals that her Administration believes the health of Michigan citizens and the environment is not something to be left to foot-dragging federal officials, and that she is actively engaged in combating this threat.

“All Michiganders deserve to know that we are prioritizing their health and are working every day to protect the water that is coming out of their taps,” Whitmer said. 

“As a result, Michigan will begin the process to establish PFAS drinking water standards that protect public health and the environment. Michigan has long advocated that the federal government establish national standards to protect the nation’s water from PFAS contamination, but we can no longer wait for the Trump Administration to act.” She set a deadline of October 1, 2019 for the standards.

PFAS compounds are a group of emerging and potentially harmful contaminants used in thousands of applications globally including firefighting foam, food packaging, and many other consumer products. These compounds also are used by industries such as tanneries, metal platers, and clothing manufacturers.

The state oversaw the sampling of 1,114 public water systems, 461 schools that operate their own wells, and 17 tribal water systems. Levels of PFAS below 10 parts per trillion (ppt) were detected in 7 percent of systems tested. PFAS levels between 10 and 70 ppt were detected in 3 percent of systems tested.

“PFAS are extremely toxic ‘forever chemicals’ contaminating far too many Michiganders’ tap water. By pushing for strong standards, the Governor is taking an important step to protect public health — but residents, particularly children and pregnant women — are being hurt by this chemical today. Fast action is needed to protect the state from the mounting health crisis caused by widespread drinking water contamination,” said Cyndi Roper, Michigan Senior Policy Advocate for the Natural Resources Defense Council.

The announcement was also important because once the federal government finally acts, a bad law passed by the Michigan Legislature in last year’s lame duck session could complicate the state’s efforts to set a protective standard. That bad law prevents Michigan from adopting standards more protective than federal limits unless the state can show “clear and convincing” evidence that it is needed, a high legal bar. By acting before a federal limit is in place, the state can use the best science to set a protective standard.

Line 5 – Public Trust and Risk Management



This is the first in a series of essays by FLOW board member Rick Kane on the vital issues of risk management and the responsibilities of public officials under the public trust doctrine. The issue has special meaning in light of the risks posed by the twin Enbridge pipelines that convey 23 million gallons of petroleum products through the Straits of Mackinac daily. Rick is the former Director of Security, Environment, Transportation Safety and Emergency Services for Rhodia, North America. He is certified in environmental, hazardous materials, and security management, and is a graduate of the University of Michigan and University of Dallas.


Managing Risk and the Public Trust

Every day, we manage risk in our personal lives and for our families. I wonder what the weather will be like today; what should I wear, or do I need to prepare differently for my trip? There are consequences for not preparing, like getting wet, but the weather forecaster helps by providing the probability for rain and threat of severe weather. We listen, assess the risks, consider alternatives, and make a decision.

Envisioning scenarios, forecasting, and assessing risk are management activities performed in a variety of organizations. If the risks are too high, we take action to reduce them or, better yet, implement an alternative that eliminates the risk entirely. Alternatives analysis is a known but underutilized approach. Too often, organizations reduce risk by making incremental changes and not by using an alternative that could eliminate it. “It is not acceptable to harm people when there are reasonable alternatives - - - - It is not acceptable to harm the environment when there are reasonable alternatives.” In her book, Making Better Environmental Decisions, An Alternative to Risk Assessment, scientist and risk expert Mary O'Brien promotes alternatives - not just accepting risk assessments and incremental risk reduction strategies, i.e. identify and implement risk elimination alternatives.

For the big risks, we depend on elected officials and government regulators to take action in the best interest of public safety, environmental protection and economic interests. The Public Trust Doctrine is an important legal principle that they are required to apply to protect the waters of the Great Lakes. Risk and alternatives assessments are vital inputs needed to reach appropriate decisions under public trust law. 

The Public Trust Doctrine holds that government has a solemn obligation to protect the waters of the Great Lakes in perpetuity for public use and enjoyment. The state serves as a trustee and is accountable for managing the waters for the benefit of current and future generations. Any private, public, or commercial existing or proposed use, diversion, or discharge cannot cause harm by materially reducing the flow, changing the levels, or polluting the waters. Those who seek to use, continue to divert, or alter the waters have the burden of proof to show they will not impair, pollute, or cause harm, or the proposed action is not permitted. Under the public trust, the waters can never be controlled by or transferred to private interests for private purposes or gain. Public rights cannot be alienated or subordinated by our governments to special private interests. This means that all reasonable private use and public uses may be accommodated so long as the public trust waters and ecosystem are not harmed and paramount public right to public uses are not subordinated or impaired.

For government officials, it is a duty to comply with the Public Trust Doctrine and ensure that the principles are followed. Citizens should understand public trust and hold their elected officials accountable for protecting the waters of the Great Lakes on their behalf and for future generations.

It Takes All Kinds

Growing up in the chemical industry, working in the private, government and non-government sectors taught me that a balance between the sectors is required to obtain feasible and acceptable outcomes. Private companies cannot be relied upon to self-regulate as not all of them have everyone’s best interest in mind. But private sector technical experts are positioned to identify feasible, safer technologies and alternatives. They may also need to be pushed to implement them by shareholders and regulators. Elected officials and government regulators can ensure that the competitive field is level for industry players and that companies are following the rules.

But there are cases where rules go too far, resulting in unintended consequences. Professional societies and standard-setting organizations provide direction to scientists, engineers, and member professionals on ethics and best practices that they should be applying on the job; strong, ethical professionals make strong organizations. And non-government organizations (NGOs) promote public, social, and long-range goals, but there must also be a balance and analysis for unintended consequences.

Taking a systems or macro/micro view is also very important in assessing risk and alternatives. Limiting the boundaries of study or scope prematurely can result in flawed and fatal conclusions. Here is an example that affected a large part of the world.

When Things Go Wrong, and Hindsight Is 20/20

Risk management involves the use of simple to very complex methodologies. However, they all depend on a proper definition of the scope of study, the system, relevant facts, key assumptions, and taking action to fill in important information gaps. Flawed assessments result when the scope of studies are too limited, methodologies are inappropriately modified or faulty, biased assumptions are used. O'Brien’s book provides an excellent overview on where risk assessments can go wrong.

The Daiichi Nuclear Power Plant Disaster was the second worst in history, just behind the April 1986 Chernobyl disaster. We use the Fukushima incident in teaching risk and process safety management. The Daiichi nuclear reactors were located on the Japanese coast and designed to withstand an earthquake and tsunami. The actual earthquake was larger than the safety design basis and the tsunami higher. The earthquake/tsunami triggered a number of failures that all had the same origin, in risk analysis terminology, “a common cause failure” – the earthquake/tsunami.

For safety, the reactors had a “layered or defense-in-depth” design to enable a safe shutdown in emergencies. But:

  • 1st line - electrical supply from off-site to power the cooling water pumps, this supply was lost in the initial earthquake.
  • 2nd line - emergency generators installed with the electrical switchgear in the basement, which flooded along with the generator fuel tanks when the tsunami hit.
  • 3rd line – the battery back-up system did not have enough capacity to enable completion of the shutdown.
  • And the emergency response was delayed because the company and country thought they could handle the incident on their own and did not want to admit how bad things really were.

In hindsight, the consequences of a nuclear meltdown were known, but could a better assessment have been done for the threat of locating the facility near the coast in an earthquake, tsunami prone area? What about the vulnerability analysis on the emergency shutdown systems and consideration of common cause failures? Was the “worst-case scenario” analysis faulty or biased for some reason? Today, parts of the area are still uninhabitable, although some residents have recently begun to return even when warned that radiation levels are still above safe levels. What next as this disaster continues?

Acceptable risk levels are based on the stakeholder’s tolerance for the risk. For example, for some citizens, an acceptable flood risk might be once every 500 years, while the acceptable risk of a human fatality from an industrial accident might be less than the probability from natural causes, say one in one million.

Risk assessments may be required to comply with federal, state, and/or local laws, insurance company policies, or company procedures. There are ethical principles: you cannot impose risk on someone else, and elected officials and government regulators have a duty to protect constituents and the environment. If you cannot live with a risk because the consequences are too high, then you must identify and implement an acceptable alternative. A Michigan high-risk and controversial example is the Enbridge pipeline.

Here are key terms in risk management:

  • Risk is a measure of human injury, environmental damage, or economic loss in terms of the likelihood that an incident will occur (probability) and the magnitude of the injury or loss (consequence).

Risk = Probability x Consequence

  • Probability can be further defined as a function of the threat, an event with the potential to cause loss or damage and the vulnerability, which is any weakness in the system or asset, that can be affected or exploited by accidental, natural, or man-made causes resulting in the harm. Thus, risk can then also be defined as:

Risk = Threat x Vulnerability x Consequence

  • Toxicological Risk Assessments for human health and living organisms define threat and vulnerability in terms of exposure and dose-response assessments to a harmful substance.
  • An Exposure assessment covers the most significant sources of environmental exposures, population potentially exposed, and concerns about cumulative or multiple exposures.
  • For a dose-response assessment, a dose-response curve for the route and level of exposure observed is developed and compared to the expected human or living organism exposure in the environment.
  • Risk assessments follow a stepwise process and can be a qualitative, judgement-based analysis, or a complex quantitative mathematical analysis.
  • Scope, System Boundaries, Macro/Micro, and Dynamics- When conducting a risk assessment, the definition of the scope (subject of study), system boundaries, and dynamics are extremely important. Events occurring outside of the boundaries and transitions affect risk. Major risks can be transient and occur during take-off and landing, start-up and shutdown, transition from one physical state to another, movement from one place to another, under certain weather conditions, and so on. AIChE, Center for Chemical Process Safety
  • The risk assessment process is known as Hazard Identification & Risk Assessment (HIRA, shown below). If the level of risk after one pass is not acceptable, risk reduction measures are added, and the process is repeated until an acceptable level of risk level is achieved; if not, a better alternative is pursued, and the current approach abandoned.


The Enbridge Pipeline - Line 5 Across the State of Michigan

Enbridge’s Line 5 is a 66-year-old pipeline that transports crude oil and natural gas liquids (NGLs) across the State of Michigan from Superior, Wisconsin to Sarnia, Ontario. From Superior to St. Ignace, Michigan, Line 5 is a 30-inch pipeline but divides into two 20-inch pipelines which then pass along the bottom of the Straits of Mackinac and merge back into a 30-inch pipeline west of Mackinaw City to Sarnia. Many studies have been conducted on the 20-inch pipelines at the Straits covering environmental and economic risks, pipeline mechanical integrity, structural modifications, failure modes, and numerous legal issues. And recently, the State of Michigan signed a new agreement for a study on replacing the twin pipelines with a new pipeline and tunnel under the Straits. Information can be found at on the FLOW and Michigan Pipeline Safety Advisory Board websites.

The Streetlight Effect


The streetlight effect, or the drunkard's search principle, is a type of observational bias that occurs when people only search for something where it is easiest to look. Both names refer to a well-known joke:

A policeman sees a drunk man searching for something under a streetlight and asks what the drunk has lost. He says he lost his keys, and they both look under the streetlight together. After a few minutes, the policeman asks if he is sure he lost them here, and the drunk replies no, and that he lost them in the park. The police officer asks why he is searching here, and the drunk replies, "this is where the light is."

The risk analyses have primarily focused on the twin 20-inch pipelines and consequences of a crude oil release. However, the system risk must include the entire pipeline and products transported. The design, fabrication and protection technologies of 30-inch pipelines above and below the Straits are at lower standards than the 20-inch pipelines. There have been at least 29 leaks in Line 5 and a history of ongoing repairs and patching. The replacement of the 30-inch pipeline would be a huge expense and most likely be implemented after a tunnel project is started. The risks and lack of discussion (unknowns to the public outside of the Straits) were previously noted by FLOW. Living Along Enbridge Line 5 in Michigan. In only looking at the problem as being under the Straits, consider the allegory "The Street Light Effect."

A Confined Scope– assessments with scopes that are too narrowly defined restrict the consideration of alternatives and opportunities to eliminate risk. There are continuing strong arguments that feasible alternatives to Line 5 exist and that the pipeline can be decommissioned on a priority basis. This analysis is beyond the scope of this article, but details can be found at:  FLOW Alternatives Report 2015

Poor System Definition - system boundaries for Line 5 risk assessments have been limited to the 20-inch pipelines, as this is where the State of Michigan has authority and control over the Mackinac Straits bottomlands, i.e. the system study boundary is being set where there is legal control, not where the full existence of risk occurs. This in turn establishes a crude oil release as the primary threat because the consequences of a natural gas liquids (NGLs), (a mixture of largely propane with some ethane and butane), release would be small in comparison. Thus, this is a legally defined system and not one based on Line 5 system risk to human safety, the ecosystem, and economy. An NGL release poses a major risk to human safety and infrastructure along the entire Line 5 route. The risk is not transparent to the citizens of Michigan (only looking under the streetlight); they are not provided information on known unknowns and a consideration of possible unknown unknowns.

In terms of the risk equation- Risk = Threat x Vulnerability x Consequence 

What are the consequences, threats, and vulnerabilities outside of the Straits? For example, the impact of an NGLs leak.

Consequences - Line 5 travels near several populated areas: Ironwood, Manistique, Engadine, Naubinway, St. Ignace, Mackinaw City, Indian River, West Branch, Linwood, Bay City, Vassar, and Marysville, Michigan, and it transports NGLs about 20-30% of the time. NGLs are a liquid under Line 5 operating conditions but would flash into a vapor cloud if a leak occurred. According to the Dynamic Risk Assessment Systems, Inc. study contracted by the Michigan Pipeline Safety Advisory Board (MPSAB), a large underwater release under the Straits could create a flame envelope of just under one mile. But what if you are living or traveling near Line 5 upstream or downstream of the Straits? A ground level release and fireball could be much larger as the pipeline pressure is higher and distance between emergency shutoff valves greater.  

For a crude oil release, Line 5 crosses nearly 400 streams and wetlands and runs near many other sensitive public and environmental areas. Studies conducted for the state designate 74 water-crossing locations as “prioritized,” indicating sensitive areas vulnerable to a spill and including endangered species habitats and sites near drinking-water intake pipes. Some of the waterways include the renowned AuSable, Sturgeon, Manistique, and Rapid rivers, and the Upper Peninsula’s Lake Gogebic.

Defining the system in terms of legally controlled boundaries results in the risk to areas outside of the Straits being overlooked. In addition, the December 2018 Enbridge-State agreement enables threat to continue until at least 2024 as tunnel studies are conducted, and beyond if a tunnel project is launched. Meanwhile, the threats outside of the Straits continue.

Vulnerability to failures outside of the Straits have many known unknowns and possible unknown unknowns due to different operating conditions, design and maintenance and inspection programs, and environmental exposure conditions. For the public, there should be many questions, but unfortunately, with the focus on only the Straits, under the street light, citizens do not know that they should be asking safety questions.

Here Are Some Starting Questions

What are the risks for a release upstream or downstream of the Straits, especially for NGLs? What is the safety risk to populated areas from a fireball and the lakes and rivers to a crude oil spill? What are the plans to mitigate the risks now, with and without a tunnel project?

Rick Kane, FLOW Board Member

Based on the agreement signed by the State, current operations at the Straits can continue to 2024 and beyond with minimal additional monitoring and on-site emergency response. Why are “extraordinary” emergency response measures not required to counter the extreme consequences that would occur at the Straits? This is a normal requirement in other high consequence, non-mitigated risk situations.

What are the plans for the entire pipeline system, especially outside of the Straits where the design and mechanical integrity is known to be less than at the Straits? Should citizens expect a segment by segment replacement as was done on Line 6B/78 in southern Michigan?


Michigan Groundwater Policy: A History

Over 100 Years of Contamination

Groundwater contamination in Michigan reaches back over a century. For example, the Antrim Iron Works in Mancelona in 1910 began discharging residues of chemicals recovered from its charcoal production process to an on-site depression that gradually released wastes to groundwater. Although the plant closed in 1944, extensive contamination lingered for generations. By 1960, a plume of groundwater contamination at the site was estimated to be three miles long and a half-mile wide. Placed on the national Superfund list in 1982, the Tar Lake site remains contaminated despite excavation of some soils and pumping of groundwater. In 2013, the Environmental Protection Agency (EPA) determined additional soil excavation and expanded groundwater treatment was required.

Despite lessons learned from widespread contamination of surface water in the mid-20thCentury, policies of Michigan and many other states failed to expand groundwater protections. In a 1963 report, the U.S. Geological Survey noted, “Pollution of rivers and streams, especially in southern Michigan, has placed many communities and other water users in the ironic position of having available adequate quantities of surface water, but of a quality unfit for most uses. Similar pollution of ground water must be avoided.” Instead, as federal and state laws forced cleanup of surface waters, groundwater contamination accelerated.

The staff of the Michigan Water Resources Commission was sufficiently concerned in 1958 to propose a regulation requiring “all toxic and offensive wastes…shall be rendered innocuous by adequate treatment or by sufficient dilution before being permitted to enter the ground.” To support the proposal, the staff provided a list of 16 groundwater pollution sites. Despite this, the Commission tabled the proposed rule.

The emergency evacuation of the Love Canal neighborhood in Niagara Falls, New York in 1978 because of buried chemical wastes brought public attention to the crisis of contaminated groundwater. Congress passed the federal Superfund law, intended to fund cleanup of the worst sites, in 1980, enabling states to inventory and request cleanup assistance. Michigan submitted a list of over 80 sites, the second most of any state. But the full inventory was staggering. The tally included 63 sites that were fouling drinking water supplies, 649 sites of known or suspected groundwater contamination, and an estimated 50,000 sites with contamination potential. The more state authorities looked, the more contamination they found.

The passage of a solid waste management law in 1978 and a hazardous waste management law in 1979 curbed two of the principal threats to groundwater – landfills and spills of hazardous waste materials. In 1980, the department of natural resources finally promulgated the groundwater discharge rules the water resources commission had set aside in 1958. Regulations affecting petroleum storage in underground storage tanks that took effect in the late 1980s closed another loophole in groundwater protection. But it was too late to prevent many unnecessary health risks, an enormous cleanup bill to taxpayers, and a legacy of groundwater abuse that persists in widespread contamination.

Contaminated Sites and Sacrifice Zones

In 1995, Governor John Engler and the Legislature delivered another blow to groundwater. They removed from state law the presumption that polluted groundwater should be cleaned. One result is a long list of “sacrifice zones,” or sites where groundwater use is restricted or prohibited. In many locations, rather than attempting to clean up contaminated groundwater, the parties who own or seek to redevelop contaminated sites are allowed to leave the contaminants in place and instead work with the state to restrict access to it. An analogous policy for surface water would be to bar use of or access to polluted rivers and lakes – something the public would likely not tolerate.

State law sanctions two types of contaminated site exposure controls — restrictive covenants, which run with an individual property and bar certain uses of contaminated property, and institutional controls. Controls typically restrict uses on multiple properties and can affect large zones of groundwater. They include local ordinances or state laws and regulations that limit or prohibit the use of contaminated groundwater, prohibit the raising of livestock, prohibit development in certain locations, or restrict property to certain uses.

As of mid-February 2018, DEQ records showed 3,394 land use restrictions at contaminated sites across the state. Nearly 2,000 additional restrictions were on a list to be plotted and mapped. Of the 3,394 restrictions already recorded, 2,355 were restrictions on groundwater use. Some of the groundwater areas affected are several square miles in size. In effect, for the near future, the state has written off these areas of groundwater. Continuation of this approach will foreclose the use of significant groundwater resources by future generations.

Applicable Laws

Today, rather than protecting groundwater as a whole – or water throughout the hydrological cycle – Michigan law emphasizes regulation of categories of pollution sources that affect groundwater. This backward approach to resource protection blinds the state to the overall condition of Michigan’s groundwater – and artificially divides groundwater from the rest of the water cycle. The result is a degraded resource.

Federal laws do not fill the breach. The Clean Water Act does not generally apply to groundwater. The Safe Drinking Water Act provides some funding to states to assist communities in assessing threats to community water supplies, including groundwater supplies and to develop wellhead protection plans. But it does not provide a policy or regulate many groundwater contamination sources.

State law does lay down some groundwater protections. Michigan water quality protections in theory extend to groundwater. As defined in state statute, “Waters of the state” means groundwaters, lakes, rivers, streams, and all other watercourses and waters, including the Great Lakes within Michigan’s boundaries.

Michigan’s Natural Resources and Environmental Protection Act (NREPA), Part 327, declares that groundwater and surface water are one single hydrologic system. Groundwater can recharge surface water, and surface water on occasion loses water to and recharges groundwater. The waters of the state should be considered one resource for any groundwater protection regulation or standard. 

Part 327 recognizes water in the Great Lakes basin and in Michigan is held in public trust for the benefit of citizens. This principle should govern every water statute, and any statute regulating activities that protect groundwater, to assure that contaminants do not impair the public trust in connected wetlands, creeks, streams, and lakes, and Great Lakes.

Because land use directly affects groundwater quality, land uses should be managed to protect groundwater quantity and quality, connected surface waters, and the public trust at least in hydrologically connected public trust streams and lakes.

Dave Dempsey, Senior Advisor

Despite these legal provisions, in practice, Michigan treats groundwater and surface water differently. Drinking water standards apply to water drawn from subsurface sources and cleanup standards apply to contaminated groundwater, but ambient water quality standards do not apply. 

As an out-of-sight, out-of-mind resource, groundwater protection depends on our laws reflecting the science of our interconnected surface and groundwaters. Our laws need to catch up to science so we don’t continue to abuse this precious resource.