Tag: Michigan

Where Did the Water Go?

Jim Maturen of Reed City is a lifelong conservationist who looked personally into the
concern that Nestle’s water withdrawals are affecting critical and sensitive trout streams.
He did it the old-fashioned way – he went out in the streams. We asked him for his
observations.


The controversy over Nestlé’s extraction of water in Osceola County has been fought in meeting rooms and offices. Is that why you went out in the field?

Yes. As a trout fisherman for 60 years and in law enforcement for 31 years, I decided to discover the facts.

Two trout streams begin from the spring that Nestlé has tapped for its water pumping. One is Chippewa Creek and the other is Twin Creek. It came to my attention that landowners on Chippewa Creek had dated photographs of a full flowing creek and then another of low water and mud flats after Nestlé began its operation. On July 17, John McLane and I began our research in the field. John is a registered surveyor who knows the area very well.

 

What did you find?

What I expected to find were full, fast running streams. What I found were still-flowing but extremely shallow streams. We were there to determine if there is sufficient temperature to support trout. As we worked downstream from the headwaters temperatures in the two streams varied from a low of 56° to a high of 65°, which is sufficient to retain trout.

 

What did you use as a baseline?

The fisheries division of the Michigan DNR conducted a research study on whirling disease in trout in both streams in July 2000. They started on Chippewa Creek 300 feet downstream from 90th Ave. in Osceola Township and went back to the culvert using shocking equipment to gather trout specimens. On July 31, John and I began stopping at sites in the DNR study to see if we could water depth sufficient to support trout. Our first stop was at Chippewa Creek at 90th Avenue, where the DNR study was conducted in 2000.

As I walked downstream from the culvert, the water was ankle deep. There was a lot of woody material in the creek, but no holes were found and no trout found. This is the exact spot where the DNR in 2000 found an abundant amount of trout, but no longer. Trout cannot survive in such shallow water.

 

That’s a big change.

Next stop was on Twin Creek at South Oak Street in Evart. This is the same area where the DNR collected 20 trout. We had difficulty accessing the same location but checked the cover just downstream. There were only about eight inches of water downstream.

Everywhere we checked, water was low. But we found Nestlé’s monitoring pipe and an additional measuring device downstream from several culverts – typically the deepest part of a stream. Was Nestle trying to distort the situation in the creeks, making the maximum depth appear to be average?

 

What’s your overall conclusion?

We spent a great deal of time examining the two creeks. It’s apparent that Nestlé’s operation is affecting the traditional flow of water to these creeks. By doing so, they have destroyed the fishery. How can Nestlé be allowed to take more water? They should be limited to 150 gallons per minute. If the streams don’t recover, then Nestlé’s operations must be terminated. I have brought these facts to the attention of the state Department of Environmental Quality. I hope they will give them the weight they deserve.

 

Any final thoughts?

Facts must be the basis of any decision making on Nestlé’s proposal to extract more water. Out in the real world where government decisions have their impact, Nestlé is already in the process of ruining sensitive and vital natural resources. They should not be allowed to do more damage.

 


Jim Maturen served with the Michigan State Police from 1957 until 1989, retiring as a
sergeant.  He served on the Osceola County Board of Commissioners from 1983 until
2002. He co-founded the first local chapter of the National Wild Turkey Federation in
Michigan in 1983 and co-founded the Michigan Wild Turkey Hunters Association in
1996.

Media Release: 1% for the Great Lakes

FOR IMMEDIATE RELEASE                                                                October 26, 2017

Contact: Liz Kirkwood, Executive Director                                     Contact: Timothy Young, Founder
FLOW (For Love of Water)                                                                Esch Road Foods
liz@flowforwater.org                                                                         timothy@foodforthought.net


FLOW (For Love of Water) and Esch Road Foods Join Forces to Encourage Great Lakes Stewardship and Expand “1% for the Great Lakes”


It’s called 1% for the Great Lakes, but it grows out of 100% enthusiasm for these majestic waters on the part of Timothy and Kathy Young, Founders of Esch Road Foods.

When Food For Thought launched Esch Road Foods, it was named after the founders’ favorite beach in the Sleeping Bear Dunes. Known as “Esch Beach” to locals, the beach held a special meaning for their family, and from the beginning, they committed to using Esch Road Foods to making a difference for the Great Lakes. One piece of that includes their commitment to donate 1% of sales to non-profit organizations that seek to protect and educate on the Great Lakes.

Taking inspiration from Patagonia’s 1% for the Planet campaign, the company launched “1% for the Great Lakes,” created a logo and displayed it proudly in hopes of inspiring both individuals and businesses to do the same. This year, Esch Road Foods devoted all of its 1% to FLOW (For Love of Water) for their inspiring legal and educational work around threats to the Great Lakes. FLOW and Esch Road Foods are partnering to expand the concept of “1% for the Great Lakes” and encourage other business owners and individuals to pledge to join the movement. “Business leaders like Timothy and Kathy Young are models of business environmental stewardship,” said Liz Kirkwood, the Executive Director of FLOW. “Their Great Lakes commitment runs deep.”

In the coming months, FLOW and Esch Road Foods plan to connect with additional Great Lakes Basin business owners to expand the dialogue about Great Lakes stewardship and encourage more people to commit to contributing “1% for the Great Lakes.” Timothy Young, founder of Esch Road Foods, said, “Ultimately, our vision is for ‘1% for the Great Lakes’ to become a movement open to businesses, individuals and other groups, pledging in a variety of ways. Our hope is that folks will use their imaginations and give what they can. Is it 1% of your tax return? 1% of your income? Or if you are a business owner, is it 1% of your sales? That’s up to you. It only matters that we make a commitment. No one can do that except you.”

To learn more, or to join the “1% for the Great Lakes” movement, email FLOW at info@flowforwater.org.

About FLOW (For Love of Water):

Everything is reflected in the name: For Love of Water. FLOW’s mission is to empower people with public trust strategies that will protect the Great Lakes forever. Learn more at flowforwater.org.

About Esch Road Foods:

While founded in 2012, Esch Road Foods comes with a long history of award-winning specialty foods. In 1995, Timothy and Kathy Young founded Food For Thought on their organic farm adjacent to the Sleeping Bear Dunes National Lakeshore in northwest Michigan. Esch Road Foods is their newest line that represents what is great about the Great Lakes. This line is nothing but premium products that are all natural and made in small batches on the farm. 1% of all sales is donated to Great Lakes conservation. Learn more at eschroad.com.


Water is Life: Strengthening the Great Lakes Commons

On September 29-30, 2017, concerned residents from across Michigan, USA and Ontario, Canada, along with Indigenous peoples will gather in Flint, Michigan to discuss Great Lakes threats, human rights and water sovereignty.

We invite you to participate in this community-based summit of Michigan, Ontario and Indigenous residents opposing commodification and privatization of water, and strengthening the Great Lakes commons and indigenous sovereignty. Featured keynotes, plenaries and workshops will address how bottled water turns commons into commodities and how Great Lakes peoples can shift water ownership into guardianship and a human right.

Register TODAY and indicate your workshop preferences, spaces limited.

Statement to Pipeline Safety Advisory Board

Line 5 Pipeline

 

The state pipeline safety advisory board met Monday to discuss next steps on Line 5 at the Straits of Mackinac, in the wake of new revelations about shoddy Line 5 maintenance by Enbridge. FLOW's statement at the meeting said enough is known about the pipeline's condition and poor maintenance for the state to immediately revoke the pipeline's easement to traverse the Straits.


 

Osceola County Site Visit –  Stealing Michigan’s Invisible Resource

 

This article is a follow-up to my January post on “Groundwater – Invisible but Precious.”

On a recent bike tour in northern Michigan, I decided to put Evart on the itinerary and stop by the area where Nestle Waters North America is hoping to increase their taking of Michigan groundwater. Nestle would like to increase the flow in their existing production well (PW-1) from 250 gallons per minute (gpm) to 400 gpm, and send the water to their water bottling plant in Mecosta County. This flow would total over 500,000 gallons per day, or 210 million gallons per year. Nestle’s cost to take this water - a $200 permit fee. This production well is located in a hydrologically sensitive area of springs and between the upper reaches of Twin Creek and Chippewa Creek.

Before my visit, I had already reviewed information provided by Nestle: topographic maps, soil borings, historical stream flow and groundwater level data, an aquifer test performed on the production well, and the predictions from a groundwater computer model their consultants produced. Hydrologists rely on this type of data and models to analyze watersheds and look at “what if” scenarios. A site visit fills in some of the gaps and details that you can’t see on a sheet of paper or on your computer screen.

This area just north of the small village of Evart is beautiful - rolling and wooded. The land is private, and mostly occupied by hunt clubs and the Spring Hill Camp. The travel was slow for me on my bike because the roads were soft gravel and hilly. A loaded touring bike (and owner) prefer flat and paved. I was able to only see the creeks where they crossed the roads, but I was able to get some sense of the hydrology and topography.

Bike touring provides lots of time to think, and my concerns with this taking of Michigan groundwater rolled around in my brain. Two primary concerns are as follows:

  1. Nestle has been pumping groundwater from this production well for over a decade and gathering data. It is unusual but very beneficial to have all of this historical data. Unfortunately, Nestle did not use the data to analyze the effects of the historic pumping on the small streams and springs near their production well PW-1, nor did they share all of the data with the public. They only used the data to develop a computer model that was then utilized to predict the impacts of an increased flow from PW-1. Computer models are far from perfect. FLOW hired its own hydrologist to review Nestle’s reports, and has pointed to several concerns and unsupported assumptions in Nestle’s work.
  2. The production well is located where it is so that Nestle can label the water “Spring Water.” Federal Food and Drug Administration (FDA) requirements in fact state that “Spring water shall be collected only at the spring or through a bore hole tapping the underground formation feeding the spring.” (See excerpts from FDA regulations in Attachment 1). The difference between taking a few gpm of groundwater flowing out of a spring, and pumping hundreds of gpm from a bore hole is significant and will likely always impact the small springs and streams nearby. If a large production well is installed, one is simply drawing in groundwater from the area and the production well can be located out of the sensitive headwater areas of the watershed. For example, the City of Evart community wells are located only a few miles away from PW-1, along the Muskegon River, and are pumping virtually the same water from the same unconfined aquifer. But the potential impacts are much different – the average flow in the Muskegon river is 450,000 gpm, whereas the average flow from a gauge on Twin Creek close to PW-1 is 780 gpm. When a pumped well removes 400 gpm from an unconfined aquifer, the result is a taking of 400 gpm from the springs and streams nearby. The impact is obvious.

So whether you enjoy bottled water or not (I don’t buy it), it is clear to me that Nestle is taking too much of Michigan’s groundwater, in a precarious and sensitive location, for too small a fee. On this bike trip, I travelled along the Muskegon River from Paris to Hersey to Evart to where it crosses Highway M-61 west of Harrison. It is a big, beautiful river, from a big, beautiful watershed that drains a large chunk of Michigan. Groundwater taken close to the Muskegon River minimizes the impact to the watershed, and gets rid of the uncertainty of the computer models. This water could not be labeled Spring Water, but that may be a compromise that the citizens of Michigan would be willing to accept.

 


Bob Otwell has been a member of the FLOW board since 2013. He is the founder of Otwell Mawby PC, a Traverse City environmental consulting firm. He has degrees in Civil Engineering and has experience in groundwater and surface water hydrology, along with environmental studies and clean-up. Bob did a career switch and was the executive director of TART Trails from 2001 to 2010.

FDA Regulation Excerpts

M22 Challenge – with FLOW as a Great Lakes Partner

WHAT

The M22 Challenge is a unique run-bike-paddle event held in the Sleeping Bear Dunes National Lakeshore. Recognized as “The Most Beautiful Place in America,” the overwhelming beauty of the race course and the camaraderie of fellow racers will make this event one you won’t forget! 

WHEN

8am Saturday June 10, 2017 

WHERE

Little Glen Lake Picnic Area. For directions to the event site, please use the following address: 6900 South Dune Highway, Empire, MI 49630-9447

WHO

All are welcome, from first time racers to professional competitors, though the multi-sport event will definitely challenge all athletes. 

How To Help

If you are interested in volunteering for this event, please contact FLOW at info@flowforwater.org or (231)-944-1568. 

FLOW Board Member Calls HB 4205 Contender for Worst Michigan Environmental Bill of 21st Century

The Michigan legislature has introduced what is a sure contender for the worst Michigan environmental bill of the 21st century.  The bill, HB 4205, would prohibit all state agencies from promulgating any administrative rule that is more stringent than an applicable federal standard.  With the federal government actively seeking to dismantle historic environmental protections by lowering or eliminating a whole host of environmental standards, HB 4205 could result in irreparable and irrevocable harm to Michigan’s priceless natural resource heritage.

We cannot assign the responsibility to protect Michigan’s natural resources to the federal government.  We cannot surrender the safeguarding of Michigan’s natural resources to an administration that is contemptuous of efforts to protect land and water resources and boasts of its eagerness to eviscerate existing environmental rules. 

The Trump Administration’s pledge to repeal two administrative rules for every rule promulgated and its promise to use the Congressional Review Act to void environmental regulations are indicators of the potential harm HB 4205 could create.  The Trump Administration’s roll back of 23 environmental rules in its first 100 days is harm already incurred.

Michigan’s natural resources are globally unique, requiring vigilant protection and stewardship.  Our Great Lakes hold 20 percent of the world’s supply of fresh surface waters and harbor distinctive, specialized watersheds.  Our shoreline of 3,288 miles is by far the longest freshwater coastline in the United States, shaping coastal dunes that are singularly unique natural features.  Science affirms that our inland lakes, rivers, streams, and wetlands are an integrated, interconnected, mutually dependent hydrologic system providing immeasurable services and benefits to all citizens.

In all, Michigan’s natural resources are magnificent, unparalleled and sublime – a natural endowment demanding extraordinary legislative safeguarding.  HB 4205 is antithetical to Michigan’s values, laws and environmental legacy.

HB 4205 has eleven legislative co-sponsors.  Their support of this bill is irreconcilable with their constitutional responsibilities.  Michigan’s Constitution explicitly defines the primary duty legislators have to protect Michigan’s natural resources.  Article 4, Section 52 of Michigan’s Constitution states:

The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people.  The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.

Complementing this constitutional mandate is the Public Trust Doctrine, embodying a set of foundational principles, long recognized by law, that require proper stewardship of Great Lakes resources.  The doctrine creates a fiduciary responsibility of stewardship on the part of government for the preservation of these resources for the benefit of the public.  Described in Michigan jurisprudence as a “high, solemn and perpetual duty,” the Public Trust Doctrine creates a foundational, unifying, coherent legal framework for defining and prescribing rights, obligations, duties and responsibilities for protecting public resources that government – and the legislators behind HB 4205 – cannot ignore. 

Please encourage your friends and family to contact the eleven co-sponsors of HB 4205: 

Triston Cole – (primary), Jim Runestad, Aaron Miller, Kathy Crawford, Michele Hoitenga, Steven Johnson, Peter Lucido, Beau LaFave, Tom Barrett, Sue Allor, John Reilly.

Stanley “Skip” Pruss co-founded 5 Lakes Energy in 2010, specializing in energy policy and clean energy system development.

Keeping Our Great Lakes Clean

 

Some of my favorite childhood memories include hiking trips across Northern Michigan and taking in the beauty that is our Great Lakes. As my own children grew up, we regularly went on family trips across Michigan because I wanted to make sure the natural wonders of our state could be passed along to the next generation.

The Great Lakes mean so much to me personally, as they do to millions of Michiganders. They are more than just an economic engine and drinking water source: they are a way of life in Michigan.

That’s why we must protect our Lakes at all costs – and why I am very concerned about the unique threat posed by the Line 5 pipeline running underneath the Straits of Mackinac. Any pipeline leak – no matter how minor – could devastate the Great Lakes watershed and contaminate much of the safe drinking water 40 million people rely on.

According to the University of Michigan, the volume of water going through the Straits of Mackinac is ten times that of Niagara Falls, and it’s rapidly changing currents could carry oil up and down Michigan’s coasts in the event of a spill. Like you, I was alarmed by recent reports that sections of Line 5 are missing critical protective coatings.

In March, I teamed up with Senator Stabenow to demand some answers from Enbridge, whose past assurances about the structural integrity of Line 5 run directly counter to these reports. Here’s what we want to know:

  • How many areas of the pipeline have lost coating, to what extent has coating loss occurred, and how and when were these areas discovered? 
  • What inspections and remedial action are underway to address existing and future coating loss?
  • If areas along Line 5 lack a coating or wrap, how does that affect the structural integrity of the pipeline?

These are just a few of the many serious questions must be addressed by Enbridge. But while we work to find these answers, we can’t afford to keep our eye off other concerns related to pipeline safety in the Great Lakes.

For example, U.S. Coast Guard officials have told me that we do not have adequate research or a plan for cleanup of oil spills in fresh water, especially under heavy ice cover and adverse weather conditions that we see during Michigan winters.

Last year, I was pleased that my bipartisan pipeline safety bill was signed into law by then-President Obama. Among other provisions, it required the federal agency overseeing pipeline safety to consider ice cover when developing oil spill response plans, designated the Great Lakes a high consequence area – making any pipeline in the Lakes subject to higher standards – and required pipeline reviews and oversight on the age and integrity of natural gas and hazardous liquid pipelines.

I’m also focused on efforts to classify Line 5 – and other pipelines crossing the Great Lakes – as offshore pipelines. Right now, Line 5 is considered an onshore pipeline, meaning it’s held to less stringent regulatory standards and liability requirements in the event of a spill. Given the potential for significant economic and ecological harm from an oil spill in the Great Lakes, this change in classification is critical.

Finally, I’ll be looking at ways to improve freshwater spill research and make updates to our coastal maps and data in order to better safeguard our natural resources.

We must continue to highlight the risks posed by Line 5, and FLOW’s efforts to shine a light on these risks is more important than ever. From keeping our Great Lakes free of pollution to highlighting the dangers of invasive species like Asian Carp, I applaud FLOW’s commitment to protecting this unique ecosystem. Together, we can work to keep our Great Lakes clean and safe for future generations of Michiganders.

 

 

 

Welcoming Dave Dempsey to FLOW

I share in the excitement with FLOW’s Executive Director Liz Kirkwood, the staff, Board of Directors, and supporters in welcoming Dave Dempsey’s arrival at FLOW.

When we began FLOW in its initial stages nine years ago, Dave Dempsey expressed his enthusiasm and support for our launch and the course ahead.  He knows first-hand how important strong policies and actions are to address the systemic threats we face in the 21st century.

Dave and I have shared a friendship, worked together, and exchanged ideas and our shared passion for the Great Lakes, its people, and beauty for over 30 years.  FLOW, but  more importantly, all of us in Michigan and in the Great Lakes region are fortunate Dave has decided to join us at this time.  His ideas, wisdom, talents, professionalism, and experience will help us find and implement commons, public trust principles and new frameworks to find solutions to the systemic threats that face the Great Lakes and our world.

As you might expect, since Dave arrived, we’ve already rolled up our sleeves higher and waded a little more deeply to strengthen our capacity and efforts in what all of us and our organizations can accomplish as we work together and with many others in the years to come.

 

Gratefully,

Jim Olson

 

To see the recent media release about Dave Dempsey’s arrival at FLOW, please click here.

 

 

Happy Birthday, Governor Milliken

Celebrating a great former governor of Michigan

If Michigan has ever had an environmental governor, it was William G. Milliken, Traverse City’s son, who turns 95 on March 26.

The woods and waters of the Traverse City area, Milliken said, and particularly summer days at a family cottage near Acme, bonded him to nature in his childhood. That embedded appreciation carried forward into his political career.

Environmental Action

When Milliken became governor in January 1969, the public was clamoring for environmental action. He delivered.

In a January 1970 special message to the Legislature, he said, “The preservation of our environment is the critical issue of the Seventies.” The message contained a 20-point program, including proposals that ultimately became a shorelands protection act and a natural rivers conservation law.

An even bigger achievement that year was the passage, with Milliken’s support, of the Michigan Environmental Protection Act, or MEPA. Granting any citizen standing to sue for the protection of natural resources and the public trust in these resources from pollution, impairment, or destruction, the law had national significance and was imitated in many states.

In 1976, he defied Amway Corp. co-founder and major Republican Party donor Jay Van Andel by backing a tough limit on phosphorus in laundry detergent, a product manufactured by the company. Reduction of the nutrient almost immediately shrank algal blooms in Michigan waters.

The same year, the legislature deadlocked on a proposal to attach a deposit to some beverage containers. Convinced the law would reduce litter and promote recycling, Milliken joined forces with the Michigan United Conservation Clubs to put the proposed container deposit law on the 1976 ballot. Voters approved the law by a roughly 2-to-1 margin. It is still considered the most successful law of its kind in the nation.

Milliken signed over a dozen major environmental bills into law, many of them evolving from his proposals: wetlands conservation, hazardous waste management, inland lakes and streams protection, and what is now the state Natural Resources Trust Fund, a public land acquisition and protection program capitalized by proceeds from oil and gas drilling on state lands. He left office on January 1, 1983 after almost 14 years in office, the longest tenure of any Michigan governor.

Defining Water

In 2011, Milliken said Michigan citizens must think of water “as something sacred, not to be treated as a commodity for barter and trade. If we Michiganders observe this principle in public policy and private actions, there will be no limit to the prosperity of our state. Water will then continue to define Michigan, enrich us in ways that include but reach far beyond dollar values, and be our legacy to generations to come. It is no wonder that our Supreme Court once declared that our streams, lakes, and Great Lakes are held in a ‘high, solemn and perpetual trust.’”

Happy Birthday, Governor Milliken.