Democrats push to restrict bottled water exports

April 2006

U.S. Water News Online

LANSING, Mich. -- Michigan House Democrats have pushed to prohibit new or expanded exports of bottled water outside the Great Lakes drainage basin unless they are first approved by the Legislature.

The lawmakers said a new state law regulating large-scale water withdrawals does not go far enough because it allows bottled water to be shipped outside the basin in containers smaller than 5.7 gallons. Larger diversions via pipeline, tanker truck or railroad require legislative approval.

Democrats plan to introduce legislation, along with a proposed constitutional amendment, that would require legislators to sign off before allowing new or expanded exports of water by Michigan bottling plants.

"We want to send a strong and clear message that our water is not for sale," said Rep. Pam Byrnes, a Chelsea Democrat.

The Democratic measures, however, appear unlikely to win passage in the Republican-controlled Legislature.

Matt Resch, spokesman for Republican House Speaker Craig DeRoche of Novi, said the new law signed by Democratic Gov. Jennifer Granholm already requires state permits for new or expanded water bottling plants that want to withdraw more than 250,000 gallons a day.

"Given what we just accomplished, to come back and change it now with this legislation sounds more like a campaign gimmick than a serious proposal," Resch said.

Granholm spokeswoman Liz Boyd said the governor, who had not seen the Democratic proposal, is always interested in water protection efforts. But she added: "We're proud of what we've already done in signing into law a comprehensive water protection statute."

The constitutional amendment -- which mirrors the legislation -- will need a two-thirds vote in the House and GOP-controlled Senate to get on November's statewide ballot.

The measures would change the classification of bottled water from a consumptive use to a diversion. They also would increase the civil fine for violating diversion restrictions from $1,000 to between $25,000 and $3 million.

The Great Lakes contain 20 percent of the world's fresh surface water, and their drainage basin abounds with inland lakes, rivers, wetlands and subterranean aquifers.

In December, eight states -- including Michigan -- and two Canadian provinces signed an agreement aimed at preventing outsiders from raiding Great Lakes water. It outlaws most new or increased diversions of water outside the basin but lets each state set its own policies on bottling water.

Environmental groups such as Clean Water Action and the Sierra Club contend that state permitting is too weak, noting there is no limit on the amount of water that can be exported under Michigan's new rules.

Republicans, however, say it is unfair to treat bottled water any differently than other products that are made with water.

 

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