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Mecosta County Fight Over, Citizens Winners, Nestle Greenwashing Like Crazy

Be prepared for an avalanche of corporate spin from this one: Nestle has settled their nearly decade-long legal dispute with the Michigan Citiznes for Water Conservation (MCWC) in Mecosta County, MI.

And by every measure, the MCWC won.

It appears that Nestle was ultimately forced to do the right thing by the citizens group, yet – true to form – they’re suggesting this is proof they’re a watershed friendly company.

Well, maybe when they’re forced to be by the courts.

First, the story from the Detroit Free Press:

Decade-long bottled water dispute settled | Freep.com | Detroit Free Press

The makers of Ice Mountain bottled water and a group of environmentalists who waged a decade-long fight to block or cap the company’s withdrawal of groundwater in northwest lower Michigan announced a final legal agreement today.

Under the agreement Nestle Waters North America can pump an average of 218 gallons per minute (about 313,000 gallons a day), with restrictions on spring and summer withdrawals deemed most threatening to the Dead Stream and Thompson Lake near Mecosta.

It was reached on the eve of what was expected to be a weeklong court hearing on requested modifications of an earlier, temporary agreement.

Terry Swier, president of Michigan Citizens for Water Conservation, called the resolution a “major victory” for defenders of the resource, affirming limits first placed on Nestle by a Mecosta County judge in 2003.

For those not familiar with the whole wretched story, Nestle initially pumped 400 cfs from the source in question, and refused to modify that pumping regime – even after it became clear to all involved that too much water was being withdrawn, and the watershed was suffering.

In fact, Nestle was wholly unresponsive until a judge threatened Nestle with an injunction. In the face of the loss of all the water, Nestle finally did negotiate a lower withdrawal, and astonishingly, later created a video (in response to the movie FLOW) which touted the watershed-friendly nature of their current regime – without noting that they were forced to pump at that level.

In the face of yet another court battle, Nestle – probably aware how much their predatory stance in Mecosta was being perceived in other rural towns (where their free ride was over) – negotiated the flow regime the MCWC felt was needed to protect the watershed (218 cfs, reductions at other times of the year).

Congratulations are due to the MCWC, who fought Nestle’s irresponsible pumping behavior for ten years (at the cost of nearly $1 million) and finally won.

I fully expect Nestle to hold this sordid episode up as a shining example of their concern for the health of watersheds, but it simply won’t fly; they were forced to reduce pumping in Mecosta, and performed absolutely zero watershed flow monitoring in McCloud until (again) they were forced to.

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4 comments

1 Is Nestle Pulling Out of McCloud – And Leaving Our Trout Water Behind? Maybe… | The Trout Underground Fly Fishing Blog { 07.30.09 at 8:27 am }

[...] it looks like they might finally be getting the hell out of McCloud. (They just recently had their asses handed to them in Mecosta County, [...]

2 Is Nestle Pulling Out of McCloud – And Leaving Our Trout Water Behind? Maybe… - Fly Fishing Gear { 07.31.09 at 12:04 am }

[...] it looks like they might finally be getting the hell out of McCloud. (They just recently had their asses handed to them in Mecosta County, [...]

3 What Really Happened In Mecosta County, MI? (Nestle Would Rather You Didn’t Know) | Stop Nestle Waters { 08.09.09 at 9:17 pm }

[...] one factoid many will find interesting – despite all their posturing to the contrary, Nestle lost in Mecosta County, and lost big – despite bringing an inordinant amount of legal fire power to [...]

4 What Really Happened In Mecosta County, MI? (Nestle Would Rather You Didn’t Know) | Defending Water for Life in Maine { 07.13.11 at 8:27 am }

[...] one factoid many will find interesting – despite all their posturing to the contrary, Nestle lost in Mecosta County, and lost big – despite bringing an inordinant amount of legal fire power to [...]