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5 SandBar 1 (2006-2007)

handle is hein.journals/sndbr5 and id is 1 raw text is: Legal Reporter for the National Sea Grant College Program Volume 5:1, April 2006 Bottled Water Dispute Boils Over Michigan Citizens for Water Conservation v. Nestle Waters North America, Inc., 709 N.W.2d 174 (Mich. Ct. App. 2005). Emily Plett-Miyake, 3L, Vermont Law School On November 29, 2005, the Michigan Court of Appeals decided a case brought by the Michigan Citizens for Water Conservation (MCWC) against Nestle Waters North America, Inc. (Nestle). The court, affirming in part, and reversing in part, held that the reasonable use balancing test should be applied to disputes between riparian and groundwater users and that Nestl6's proposed withdrawal of groundwa- ter for its bottling operations was unreasonable. Background In December 2000, the defendant's predecessor, Great Spring Waters of America, a subsidiary of Perrier Group of America, began taking steps to construct a bottling plant in Mecosta County, Michigan. Their first step was to purchase groundwater rights to property located north of the Osprey Lake impoundment known as Sanctuary Springs. Osprey Lake impoundment is a man-made body of water that was origi- nally created by the damming of Dead Stream in 1953 and expanded in 1980. Four wells were installed on the Sanctuary Springs site in 2001 to extract groundwater. The defendants obtained permits from the Michigan Department of Environmental Quality (DEQ) See Nestle, page 16 California Court Trashes Plan to Reduce Litter in the Los Angeles River City of Arcadia v. State Water Res. Control Bd., 38 Cal. Rptr. 3d 373 (Cal. Ct. App. 2006). Jim Farrell, 2, University of Mississippi School of Law The Los Angeles River has been steadily accu- mulating trash over the past several years, but surrounding cities, if a recent court case is any indication, are not overly concerned. Several months ago, these cities successfully chal- lenged a new California plan with an aggres- sive approach to eliminating trash, forcing state water boards to continue fighting the river's persistent trash problem with an inade- quate plan. Applicable Law The Clean Water Act encourages states to reg- ulate water quality within their borders. In 1969, California responded by passing the Porter-Cologne Act, which created a regulatory framework consisting of nine regional boards under the supervision of a state board. Each regional board is responsible for water quality within its respective region and typically relies on the National Pollutant Discharge Eli- mination System (NPDES) permit process to See California, page 14

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