Tag: FLOW

Fish Farms or Holy Waters?


Almost everyone agrees: the old state fish hatchery on the Au Sable River in Grayling is the worst place you could pick for a commercial fish farming operation. It is on the East Branch, just upstream from the famed Holy Waters, the heart of Michigan’s blue ribbon trout fishing industry, and the premier wild trout fishing destination east of the Mississippi. But due to a combination of factors, including politics, greed and governmental lawlessness at the state and local level, that’s exactly what is happening.

The state deeded the hatchery to Crawford County subject to a statute passed by the legislature and a deed which limited use of the property to public recreation and museum purposes, and which required the county to preserve the public’s right of ingress and egress for fishing. But in 2012, the Director of the Department of Natural Resources signed away the state’s right to enforce those restrictions. Crawford County leased the hatchery to the fish farm for 20 years for $1. The river is fenced off. In October of this year, a judge ruled that operation of the fish farm “clearly violates the statute and deed,” but the DNR has been sluggish at best in rectifying the situation.

The fish farm will pollute the river, so it needs a Clean Water Act pollution discharge permit, which was willingly granted by the Department of Environmental Quality with the urging of the Department of Agriculture and the Farm Bureau. It was justified on the basis that the operator would profit, 2-3 jobs would be created, and the hatchery would stay open as a tourist attraction in the summer (which could have been accomplished without degrading the river with a fish farm). Damage to the multi-million dollar sport fishing industry in the area, and the jobs it supports, was not even considered.

Photo credit: John Russell

At permit limits, the fish farm will discharge about 160,000 pounds of solids (fish feces and uneaten feed) and over 1,600 pounds of phosphorous into the river every year. It currently has no water treatment system, and none is planned, other than a low-tech “system” of  “quiescent zones” which might be implemented at an unknown time in the future. The pollution will cause algae to grow, and the solids will create sludge beds. These will harm aquatic insects which the fish eat, reduce dissolved oxygen which they need to breathe, and increase the risk of Whirling Disease, which can decimate a fishery if it reaches epidemic levels. Escaping fish could breed and dilute the wild trout gene pool. Technology exists to remedy the problem, but the operator says it is too expensive.

All of this violated the property transfer statute, the deed, state and federal clean water laws, the non-degradation rule, and regulatory standards for phosphorous and dissolved oxygen in cold-water streams. And it violates the public trust right of the people to have access to the river for fishing and other recreational pursuits. It appropriates public trust waters for private gain.

The case is in litigation. Attorney, experts and other costs have exceeded $400,000 so far, with a long way to go.

The state’s approval of this operation shows either a lack of understanding of its public trust responsibilities – or a willful disregard of them. It will once again be up to citizens to do what their state government is supposed to do – assure there is no impairment of public waters for private benefit.

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Tom Baird is a board member of FLOW and the past President of the Anglers of the Au Sable.

 


Public Comment to Michigan Pipeline Safety Advisory Board

Line 5 Pipeline

Good evening, and thank you for the opportunity to comment on what is unfortunately
a deeply flawed final Line 5 alternatives study. The people of Michigan are ill-served
by this study. It cannot serve as a basis for an informed and intelligent decision about
the fate of this profound threat to the Great Lakes.

Members of the Advisory Board who represent citizens, businesses, tribes, and
conservation agree that this final report is flawed and demanded this past Monday by
resolution a more robust and comprehensive study on existing pipeline infrastructure
and Michigan’s (not Enbridge’s) energy needs.

Here are only a few of our major concerns with this final report:

  • 1: Assumes that the state must guarantee that Enbridge is able to deliver 23
    million gallons of oil daily through Line 5. The legal agreement to occupy our
    public waters is not a covenant to keep oil pipelines operating indefinitely and at full
    capacity. This bias results in the tunnel option appearing as a favored report
    alternative.
  • 2: Dismisses the most credible alternative of existing pipeline infrastructure. As
    documented in FLOW’s 2015 expert report, existing pipeline infrastructure, including
    Enbridge’s newly doubled capacity in Line 6B, is a practical alternative for
    Michigan’s energy needs. The report acknowledges that excess pipeline capacity
    exists on Enbridge Line 6B (renamed 78) now and that the Mid-Valley Pipeline could
    supply much of the remaining needs of the Detroit and Toledo refineries. (5-2; 4-18).
  • 3: Operates from a bias in favoring a tunnel in the Straits of Mackinac. A tunnel
    will not eliminate the risk to the public trust waters of the Great Lakes. Line 5
    traverses 245 other water crossings, including ones that are tributaries of Lakes
    Michigan, Superior, and Huron. A tunnel is no gift to Michiganders. It threatens
    economic and ecological disruption to the region and contravenes Michigan’s policy
    ban against directional drilling for oil and gas in the Great Lakes; And fundamentally,
    why would Michigan want a Canadian company’s tunnel located under the planet’s
    largest fresh system water systems and potentially usher in heavy tar sands transport
    back to Canada? This makes no sense.
  • 4: Continues to underestimates the economic damage of a Line 5 spill at a $100-200 million. This number defies logic in light of Enbridge’s 2010 $1.2 billion Kalamazoo disaster and the potential catastrophic harm for affected shoreline communities, tourism revenue, drinking water, fisheries, etc.

So where does this leave us? Though this report fails on many levels, it does substantiate the fact that Line 5 can be decommissioned with little disruption and minimal increased costs to Michigan consumers and businesses.

The report affirms that there are feasible and prudent alternatives readily available that both meet Michigan’s energy needs currently served by Line 5 and completely eliminate the risk to the Great Lakes.

The time for studies has ended. It is time for action as the PSAB Resolution affirmed on Monday. That action should start with shutting down Line 5 immediately and ultimately end with state’s revocation of the easement and the decommissioning of Line 5.

The Great Lakes are held in trust by the State of Michigan as public trustee for the benefit of its citizens. The 1953 easement with Enbridge was issued fully subject to the public trust- and the U.S. Supreme Court agrees. The public is the ultimate decision-maker.

Governor Snyder tried to circumvent them through private agreement with Enbridge. Michigan citizens deserve better.

Thank you.
Liz Kirkwood, Executive Director


Liz Kirkwood’s Comment to the PSAB

  • Over two years ago, the Governor of Michigan created this Advisory Board by Executive Order to “Review and make recommendations for statutory, regulatory, and contractual implementation of the Michigan Petroleum Pipeline Task Force Report.”  This meant the board was required to oversee an independent and comprehensive analysis of risks and alternatives. 

 

  • Instead we Michiganders have (1) no risk report, (2) a flawed alternative report that still ignores the most credible alternative – using existing and expanded pipeline infrastructure around the Great Lakes, and (3) the Governor’s Thanksgiving deal with Enbridge that locks in a tunnel alternative under 20 percent of the planet’s fresh surface water. 

 

  • What our leaders have now is Tunnel Vision. 

 

  • Tens of thousands of citizens of this state have taken the time to study these matters and express their views to you.  Members of this board have spent countless hours on your task.  All of that for naught because of a closed-door agreement between Enbridge and the governor.

 

  • The deal allows Enbridge’s decaying Line 5 oil pipelines to continue to occupy the publicly owned lakebed at the Straits of Mackinac indefinitely, despite the company’s record of deception, poor stewardship, and bungled emergency response.  It’s a reward for failure.

 

  • We know a fair alternative analysis can be done.  In fact, in December 2015, FLOW offered a thorough analysis for the decommissioning of Line 5 that established an alternative that reasonably met the basic purpose of transporting crude oil to the various refineries within and beyond the Great Lakes region.  Why hasn’t the state done the same?

 

  • The Governor’s deal has mapped a blueprint that narrows the alternatives to some form of tunnel replacement in the Straits, the Great Lakes, and St. Clair River.  Moreover, the deal will bind the state to a new replacement of the entire 645 miles of Line 5 through Michigan and potentially open the door to heavy tar sands.

 

  • In the interest of full transparency and public knowledge, this board can do the people of Michigan a service by asking for a full public accounting for this deal, and by demanding a credible adverse weather provision to shut down Line 5 and a comprehensive alternatives analysis as required by law. The future of Line 5 is about the future of the Great Lakes.  And fortunately, public trust law makes this the public’s decision, not a closed-door deal between the Governor and Enbridge.     

 

Thank you.

Liz Kirkwood, Executive Director


 

Failed Leadership and Line 5


Our State’s leadership in the handling of Enbridge’s Line 5 in the Straits of Mackinac has gone from bad to worse. In light of disclosures by Enbridge of a failed pipeline design and the refusal on the part of our State leaders to take action to prevent devastating harm to the Great Lakes, it is time for leaders to either step up or step aside and let the voters or courts decide.

Enbridge has revealed previously withheld documentation showing bending of pipelines from extreme currents, delaminating protective cover, and numerous sections of bared steel open to corrosion. What Enbridge doesn’t understand is this: The State is trustee for citizens who are legally recognized beneficiaries of the public trust in the Great Lakes. The State trustee has a duty to prevent unacceptable harm or risks to the Great Lakes and the boating, fishing, swimming, and drinking water that depend on them. The decision does not belong to Enbridge but to our State’s leaders as trustees of these public paramount waters. Risk is a function of magnitude of harm; the higher the harm, the greater the risk. So it doesn’t matter what Enbridge executives think or say, or what their studies say after consultants have admitted conflicts of interest and withheld critical information on the failed condition of the lines.

Our State’s leaders must put an end to this now. Statements by Governor Snyder, DEQ Director Grether, and Attorney General Schuette about “serious concern” or “disappointment” do not go far enough. The proper response to the serious risk of unthinkable harm to the Straits and Great Lakes is not mere feeling; it is leadership and action. Governor Snyder’s recent agreement has belied even his disappointment. He expressly short circuited the his own advisory board and a citizen process established by his own Executive Order. The agreement expressly narrows a comprehensive alternative study to find a way to avoid crude oil pipelines in the Great Lakes, by expressly agreeing to a replacement of Line 5 in the Straits of Mackinac and the St. Clair River. So much for disappointment, he’s handing Enbridge a large Christmas present.

The Governor and DEQ should have required Enbridge to prove that there is no alternative to crossing under the Great Lakes for pipeline transport to Canada. It is unlikely Enbridge could prove that a non-Great Lakes pipeline alternative does not exist, given the fact that Enbridge recently doubled its design capacity in Line 6b across southern Michigan to Sarnia from 400,000 to 800,000 barrels. To win approval from the Public Service Commission to double its capacity across southern Michigan after the Kalamazoo disaster, Enbridge repeatedly testified if approved the doubled capacity would fulfill the company’s current and future needs, as well as those of Canada and the smaller needs of Michigan.

Our leaders must suspend the transport of crude oil through Line 5, and order Enbridge to start over by revoking the easement the state granted in 1953 and making the company comply with the laws and public trust that protect the Great Lakes. A bank trustee would have been replaced a year ago for such inaction as our state’s. If our leaders, the sworn trustees of our Great Lakes, don’t take action, they, too, should be replaced. Hopefully, it won’t come to that. If it does, then our third branch of government—the courts—should step in as they would in a receivership where management has failed.

It will not have to come to this if our leaders put a stake in the ground and suspend transport of oil. It will finally after three years of “cat and mouse” place the burden where it belongs: on Enbridge. Enbridge must be forced under rule of law to prove no catastrophic harm or acceptable risk and that it has no alternative to a pipeline in the Great Lakes. The truth is Line 5 under the Straits violates “reasonably prudent person” standard in the Easement, a common sense covenant that the company agreed to when it was granted the 1953 easement. It is no longer prudent to risk the Great Lakes with a crude oil spill of tar balls, dead fish, and oily wildlife and beaches.

The message and course of action for our Great Lakes State leaders is clear: Step up or step aside. If not, the courts or voters will do it for you.


FLOW Submits a Nonpartisan Comment on Proposed Senate Bill 409


FLOW has contacted key Michigan lawmakers to ask them to defend the public's Great Lakes waters and submerged lands from intrusion.

Legislation before the House Committee on Natural Resources exceeds the Legislature's powers and puts publicly owned waters and submerged lands at risk. S.B. 409 allows private riparian landowners to occupy Great Lakes submerged lands (which belong to the public) and construct private noncommercial harbors adjacent to their upland riparian property.

FLOW said this sets a terrible precedent that could lead to other private interests seeking to make private ownership claims on the Great Lakes and their submerged lands. In an 1892 decision, the U.S. Supreme Court ruled that states cannot cede these submerged lands and waters to private parties because the title to them is "held in trust for the people of the state, that they may enjoy the navigation of waters, carry on commerce over them, and have liberty of fishing therein free from the obstruction or interference of private parties.”

S.B. 409 runs afoul of Supreme Court precedent and sound stewardship of our waters, and should be rejected.



Flint and the Straits of Mackinac

What do the Flint drinking water catastrophe and the recent agreement regarding the Enbridge pipeline at the Straits of Mackinac have in common?  Both are the result of a gubernatorial administration with fundamental mistrust of the public it serves.

In Flint, the Snyder Administration appointed an emergency manager to short-circuit democratic processes and act paternally on behalf of a community it deemed incapable of self-government.  The result was appalling damage to the health and well-being of the community.

This week, the Snyder Administration appointed itself emergency manager of the imminent danger posed to the Great Lakes by Enbridge, apparently deciding the public, the Governor’s own Pipeline Safety Advisory Board, and the DEQ under the State’s Great Lakes protection laws were incapable of contributing to a rational decision.  Astonishingly, the public engagement process the Governor himself set in motion with an executive order more than two years ago was essentially discarded in favor of a pact secretly negotiated with Enbridge.  The thousands of people and hundreds of organizations and communities who took the time to comment on the future of the pipeline were ignored in favor of assurances from a company responsible for the worst inland oil spill in U.S. history.

Democracy and public participation are under attack at many levels, and the result is poor public policy. The Governor’s agreement with Enbridge puts the Great Lakes at risk.


For Immediate Release: FLOW RESPONDS TO STATE-ENBRIDGE AGREEMENT

FOR IMMEDIATE RELEASE                                                        November 27, 2017

Contact:  Liz Kirkwood                                                       Email: Liz@FLOWforWater.org
Executive Director                                                              Office: (231) 944-1568
FLOW (For Love of Water)                                                 Cell: (570) 872-4956


TRAVERSE CITY, MI – FLOW issued the following statement today regarding the announcement of an agreement between the state of Michigan and Enbridge Energy concerning the company’s Line 5 oil pipelines in the open waters of the Mackinac Straits, where Lake Michigan and Lake Huron meet:

“It is imprudent and arbitrary for the Governor to unilaterally sign a deal with Enbridge before the legal processes and evidence, including the opinion of experts on all sides, have been thoroughly reviewed and completed. Governor Snyder appears to have ignored and violated his own executive order, law, rules and once more ignored his public trust duties toward the Great Lakes, water, public health and safety, and the protection of citizens.”

“While the Governor’s agreement with Enbridge imposes some important interim safety measures, these measures should be steps toward the final shutdown – not replacement – of the pipelines.”

“It makes no sense to trust Enbridge to abide by a new agreement when it has been flagrantly violating its existing commitments and attempting to conceal those violations.”

“This is the same company that brought Michigan the worst inland oil spill in U.S. history and that misled both state and federal authorities for three years about its pipeline anchors causing bare metal spots on 48 locations along Line 5 in the Straits.”

“The Governor cannot preordain the tunnel option without Enbridge submitting an application under state law — the Great Lakes Submerged Lands Act — and demonstrating that there is no feasible and prudent alternative to continuing to use the Great Lakes as a high-risk shortcut for transporting oil from one part of Canada to another.”

“The presumed tunnel option bypasses and prematurely dictates the future of Line 5 and sidelines the three-year process that the Governor set into motion with the creation of the Michigan Petroleum Pipeline Task Force and the Michigan Pipeline Safety Advisory Board under his executive order.”

“The final alternatives analysis just came out on November 20 and the public comment period ends on December 22.  This agreement completely eviscerates any meaningful opportunity for the public to weigh in on alternatives.  Moreover, the public and the Governor’s office still do not have a comprehensive study analyzing the risk of Line 5 and its alternatives.”

“The Governor’s preemptive move today continues to violate treaty-reserved rights that predate Michigan’s statehood. The five federally recognized tribes whose fishing rights are located in the Straits of Mackinac were never consulted in 1953, and again were not consulted as part of this 2017 agreement between Enbridge and the State of Michigan. Sixty percent of the tribal commercial whitefish harvest comes from the spawning grounds in the Straits of Mackinac.”


FLOW (For Love of Water) is a Great Lakes water law and policy center and a 501(c)(3) nonprofit organization based in Traverse City, Michigan. Our mission is to protect the common waters of the Great Lakes Basin through public trust solutions.


Drinking Water and a Forgotten Tragedy

Fort Gratiot County Park north of Port Huron bustles for a little more than three months of the year, from Memorial Day to Labor Day.  Large groups occupy the gazebos, families snatch up all the picnic tables, teens play Frisbee in the sand while kids rule a small playground, and the smell of cooking meat is inescapable.  These are all fairly typical of Great Lakes shoreline parks.

What distinguishes the park is a memorial.  It commemorates not a politician or general but 22 men who died for water, Lake Huron water specifically. While honoring the dead, it expresses ambivalence inherent in the fulfillment of an institutional dream that has unintended consequences.

The project that took the lives of the 22 men on December 11, 1971 had been a dream of the Detroit water department since the late 1800s.  The water supplied by the utility’s intake in the Detroit River was adequate to meet the city’s needs, but even then, there was thought of population growth to the north.  That would require more water.  By virtue of both proximity and quality, Lake Huron was the choice for the new water source. A point five miles offshore from what is now the county park was chosen for the intake.

The memorial consists of three features:  a plaza of bricks etched with the names of the loved ones who perished in the disaster and other individuals and groups who purchased and contributed them; the statue of a symbolic project worker; and a state historical marker.  The last is especially noteworthy.  It is literally two-faced. The two sides of the marker could not be more different in tone.

One side stresses the tragic human losses and the terrible power of the explosion: “… [A] shotgun-like blast claimed the lives of twenty-two men working on a water intake tunnel beneath the bed of Lake Huron. A pocket of methane trapped within a layer of ancient Antrim shale fueled the explosion.  An exhaustive inquiry determined that drilling for a vertical ventilation shaft from the lake’s surface had released the trapped gas…The blast created a shock wave with a speed of 4,000 miles an hour and a force of 15,000 pounds per square inch. Witnesses reported seeing debris fly 200 feet in the air from the tunnel’s entrance.”

The other side emphasizes the project itself as a triumph of humankind: “In 1968, to serve the water needs of a growing population, the Detroit Metro Water Department began work on the Lake Huron Water Supply Project. This massive feat involved erecting a submerged intake crib connected to a six-mile intake tunnel beneath Lake Huron. The mechanical mole that dug the 16-foot wide tunnel bored through the bedrock beneath the lake at a rate of 150 feet a day. The project excavated more than one billion pounds of rock. The water treatment plant pumped clean water into an 82-mile system of water mains supplying Detroit and Flint. When finished in 1973, the $123 million system boasted a capacity of 400 million gallons a day.”

One has to wonder whether this mentality was partially culpable.  Pride in a monumental public works project may have promoted hubris, or contributed to denial by the managers if someone pointed out the danger.  Carelessness or ignorance may also have been to blame.  Whatever the cause, 22 people tragically lost their lives in the public service of providing clean drinking water.

Natural forces always surprise us, be they large lakes or ancient methane.


It Is Time to Remove the Grinch from Flint, Detroit, and the Future of Michigan’s Great Lakes Water

The City of Flint, through its city council, just approved a deal to return to and stay on Detroit water, now managed and sold by the suburban Great Lakes Water Authority (GLWA).  This decision must be viewed as the next step, not the final outcome.  Even though the city and residents will get the benefit of federal dollars, they lost their autonomy in this process and were under the coercion of a court order and the “carrot” of essential federal funding. 

But the city will be hit twice with water bills. Flint not only will buy water from the GLWA (formerly Detroit Board), but is also required to fulfill its $340 million obligation to the new KWA authority in Genesee County.

Flint bought water from what is now the GLWA for decades before the fast, hurried switch to Flint River water for short-term gain poisoned and endangered Flint residents, and the state and federal EPA dragged their feet to recognize or do anything about it for what looks like more than a year.  Led by an emergency manager appointed by the governor, the city was under pressure to get off of Detroit water back in 2014, and to pick up and connect to the KWA for Flint water as soon as a massive pipeline from Lake Huron was completed.

Under the court order and Flint’s council vote approving purchase contract for GLWA (Detroit water), the residents of Flint now have to pay rates that pay for the $340 million obligation to KWA and for water from the GLWA!  They can’t afford one obligation, let alone pay twice, but that’s basically what has happened.  And what about their health, independent and continuous testing, monitoring, lead line replacement and abatement, medical services, and reparations to what residents suffered?  This must be part of federal aid, but it is also the responsibility of the State and all of those who are responsible for this tragic fiasco of narrow self-interests gone awry. 

But this doesn’t do it either.  We have a huge disparity, inequity, and lack of public oversight and protection of water and health when it comes to Michigan’s water and Great Lakes and our water services to residents.  It is time for Michigan to establish a comprehensive “Public Water, Public Infrastructure and Water Justice Act” for all our cities and rural communities and residents. This is what Christmas and Thanksgiving and New Year should be about.

Let’s remove the Grinch-like selfishness we have seen from government leaders over the past four years from our public water.  It all comes from the single hydrological system of water in the Great Lakes basin.  This water is held in public trust, that is the government, and everyone has a stewardship obligation to assure integrity of water and health for all of the people of Michigan, especially those least able to afford it.


FLOW & The Boardman Review


 


FLOW was recently honored to be featured in an on-line and print magazine, the Boardman Review.  It features travelogues, lifestyle profiles, literature, music and documentaries that showcase young and established creatives whose work and lives contribute to the Northern Michigan community. The magazine includes multi-media elements with each piece.  We asked the founders and co-editors, Chris and Nick Loud, to discuss the link between FLOW's work and their mission.


Northern Michigan means something to us, but describing that something with eloquence can lead to a lot of clunky bumbling, often ending in a pedestrian “it’s just amazing” kind of statement. The non-local recipient of the statement might wonder if Northern Michigan is actually a real place, and not just a malfunction of memory caused by one too many early Spring ice water dips.

Our new publication, The Boardman Review, recognizes the difficulty of capturing the essence of Northern Michigan in just our words, but we are also sure the area is a story worth telling.

With that in mind, we’re employing as many storytelling media that we can muster. We’ll use film, photography, music, art, the written word, and anything else we haven’t thought of yet, in hopes of capturing an ounce of what Northern Michigan means to us, and to pass that meaning on to those familiar or unfamiliar.

We feature local artists, entrepreneurs, nonprofits, established and respected companies and organizations, and anything and anyone that we think might provide a piece to the vibe puzzle that is our beloved Up North.

We have been a part of this area our whole lives, but only recently have we set down true roots. In the short amount of time that we’ve been experimenting with this concept, we have encountered people who just simply knock us over with inspiration.

Organizations like FLOW, with a mission dear to everyone's heart, have spun into our radar in such a way that actually makes us think we may be right about something.

"For love of water"...that’s certainly a large piece of our something, if not the largest. It’s been an honor to work with FLOW, and we hope to do some more “just amazing” things together in the future.

We’ll leave you with a shameless promotion. Shameless, not because of the tactless segue, but simply because we are so psyched to do this, that we are shame free in promoting the %#&@ out of it.

In association with FLOW, our nonprofit partner, The Boardman Review is bringing The International Ocean Film Tour to City Opera House in Traverse City on December 6th, 2017.

The International Ocean Film Tour is 120 minutes packed with the most inspiring stories from the seven seas and the best water sports action of the year.

For details on the event, please see this Facebook event page.

If you’d like to read FLOW’s wonderful story written by Dave Dempsey, and see the documentary we produced together, subscribe to The Boardman Review digital for FREE, and please pick up a print copy to get the full visual array of the Northern Michigan vibe.

We really think it’s something…

 

Cheers,

Chris & Nick Loud
The Boardman Review