A Michigan administrative judge has upheld a state permit allowing Nestle waters to increase water withdrawals in Osceola County.
The Michigan Citizens for Water Conservation and Grand Traverse Band of Ottawa and Chippewa Indians contested the permit in 2018, arguing that increased water withdrawals would have an adverse environmental impact on the area.
Peggy Case is with the conservation group. She said the computer models used by the state and Nestle to approve the permit aren’t enough to determine whether withdrawals will have a negative impact on the environment.
“The fact is that you can’t take groundwater out of cold water streams at that rate without doing some damage. It’s just a matter of how and when the state will realize that and do something different than what they are doing right now.”
In his decision, Judge Pulter disagreed, writing that the proposed withdrawal would not violate public or private rights.
Case said she can’t comment on whether her group will pursue further legal action.
“We’re certainly not going to stop opposing Nestle’s water withdrawals. We’ve been doing it for twenty years we don’t intend to stop doing that because we don’t think it’s right that Nestle is allowed to withdraw the water of the commons and make a huge profit off of it.”
A spokesperson for the Michigan Department of Environment, Great Lakes, and Energy said in a statement they were reviewing the judge’s decision.
A spokesperson for Nestle Waters said in a statement they were pleased with the decision to uphold their permit.
It is not yet clear how the company will be increasing its withdrawals in the region. Last year, Nestle lost a separate case over whether Osceola Township needed to approve a permit for a booster pumping station, which the company wanted to transport water from the area.
A Nestle spokesperson said they are “exploring our options” for moving water from the site.