The battle over a water-bottling project in West Michigan-which some say could undermine the state's effort to stop Great Lakes water exports-shifted to a Mecosta County courtroom in May.

The trial of Michigan Citizens for Water Conservation, et. al. v Nestle Waters North America, et. al. consumed three weeks of May in the Mecosta County Circuit Court in Big Rapids, Michigan and was scheduled to resume June 4. The case involves the withdrawal of subsurface waters that Michigan Citizens for Water Conservation (MCWC) charges will directly diminish and impact riparian water bodies. MCWC is asking the court to prohibit or restrict Nestle's marketing of 400 gallons per minute or 210 million gallons of water a year.

"MCWC believes the private diversion and marketing of the water is wrongful or injurious and is an unreasonable use," said Terry Swier, MCWC president. Nestle's pumping and diversion of water diminishes the water levels of the lake, stream and wetlands of riparian owners and is likely to cause impairment of the water, aquatic life and water-dependent natural resources, she added.

Nestle's hydrogeological consultant has testified that pumping and diverting will diminish the "annual average flow" of the Dead Stream by 18% and the level of Thompson Lake and Osprey Lake by two inches. MCWC's experts have testified that the numbers will be greater.

Swier said MCWC won an early victory regarding riparian law. Judge Lawrence Root reversed a prior decision on riparian law, and the riparian rights issues are now back in the case. "Sitting in the courtroom and listening to MCWC's lawyers, riparian landowners and MCWC's experts, you can gain a better understanding of the case and what the residents of Michigan are facing," Swier said.

For more information, visit MCWC's web site, www.saveMI water.org, or call (231) 972-8856.