An environmental group has filed a complaint calling on Attorney General Dana Nessel to investigate Nestle water withdrawals in Osceola County.
The Michigan Citizens for Water Conservation, which has been contesting Nestle’s permit to increase water withdrawals in the region, filed a complaint alleging the “destruction of … natural resources and the collapse of an entire aquatic ecosystem.”
Peggy Case is with the group. She said so far the state has not taken their concerns about the impact Nestle is having on the environment seriously.
“We believe the state should do something about it. We decided we should try to file a formal complaint and try to get action from the new administration - we certainly couldn’t get action from the old administration.”
Case said withdrawals have already had a clear impact on two streams in the region.
“Both creeks, Twin creek, and Chippewa creek are running fairly low compared to their historic levels at a time when every other body of water in the state is at flood stage.”
In a written statement Attorney General Dana Nessel said she has raised concerns about Michigan regulatory structure governing water withdrawals but “The Michigan Legislature is the appropriate body to update those regulations.”
And, the Attorney General added, the statutory authority over the streams rests with the state department of Environment, Great Lakes, and Energy.
EGLE is currently reviewing Nestle’s permit for increased water withdrawals after an administrative law judge ruled in the company’s favor earlier this year.
Nestle did not respond to our request for comment.
UPDATE 7/14/2020
Nestle released the following statement regarding MCWC's complaint:
The claims Michigan Citizens for Water Conservation (MCWC) make in their letter to the Attorney General’s office and what they state in their press release are not backed up by any scientific evidence that we have seen. On the contrary, the data and extensive environmental studies conducted by multiple, well-respected governmental agencies and professionally trained scientists in the areas near our operations in Osceola County do not support MCWC’s claims.
For more than 18 years, third-party, professionally trained scientists have conducted comprehensive studies near our operations in Michigan. We use this data to help ensure that our withdrawals are sustainable and preserve a healthy ecosystem where we operate.
In 2018, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) referred to our operations in Osceola Township as having received “the most extensive analysis of any water withdrawal in Michigan history” after their team of scientists and professionals thoroughly studied the site.
Also in 2018, the Michigan Department of Natural Resources studied both Chippewa and Twin Creeks in Osceola County and found that both creeks support a self-sustaining population of Trout. Each of those studies is available to the public.
And in December 2018, the U.S. Geological Survey (USGS) began conducting its own ongoing real-time monitoring and data collection in Chippewa and Twin Creeks and groundwater data near White Pine Spring. This USGS monitoring data are available to the public on the USGS website.
The false accusations referenced in MCWC’s press release were previously evaluated and refuted in the recent contested case permit proceeding and also by EGLE in 2017 before the permit increase was approved. Simply put, MCWC’s claims have already been investigated and refuted by multiple governmental agencies and professionally trained scientists.
The Michigan Department of Environment, Great Lakes, and Energy also released a statement saying they have found “no credible evidence” that Nestle is blocking flow to the creek. You can read the entire statement below.
Nestle has not increased pumping from this facility. The withdrawal volume cited in the complaint represents the facility’s baseline capacity which EGLE’s Drinking Water and Environmental Health Division has no regulatory authority over.
EGLE has investigated numerous complaints based on resident observations and found no credible evidence or actual flow data that demonstrates Nestle is blocking flow to the creek.
The USGS network of groundwater level monitoring points does not indicate a general reduction in water. In fact, the groundwater level monitoring station established to monitor water specifically near the Nestle withdrawal has seen an increase in water level of 3 feet over the last eighteen months or so. The most recent automated measurement there was yesterday.
Similarly, streamflow data shows an increase, not decrease in flows for Chippewa and Twin creeks. The streamflow monitoring points established about a year and a half ago by the USGS specifically to monitor streamflow along Twin and Chippewa creeks both show increases in flow over that time period. The most recent automated measurements for both locations was at 1:00 pm on Monday July 13th. They recorded ~5 cfs and 6.5 cfs flows for Chippewa and Twin Creeks respectively. Based on this data, we have no credible evidence of Chippewa Creek being dry. Additionally, EGLE has seen no reliable data to show that private spring fed ponds are being negatively impacted.
As EGLE reviewed Nestle’s application, our staff investigated many complaints by reviewing photographic data, meeting with residents in the field, and evaluating verified water level and stream flow data. Based on our observations and analysis of the data, EGLE was unable to substantiate any of the claims we investigated.