Fresh Greens

What the Great Lakes Compact Means for Bottled Water

By Maura Judkis

Posted: September 24, 2008

Corrected 9/25/08: An earlier version of this article incorrectly stated that the Public Trust Doctrine was excluded from the compact. The version also incorrectly stated that 1 percent of the lakes’ water became bottled water. The article neglected to mention that states have the ability to regulate bottled water independently.

Yesterday, Congress ratified the Great Lakes Compact, which prevents the diversion of fresh water from the lakes by any state that does not immediately border them. The bill is supposed to protect the largest source of fresh water in the country (90 percent of America's fresh water and 20 percent of the world's) and also to encourage other states to conserve water. President Bush is expected to sign it into law.

It sounds good—but there's a catch. A loophole in the bill waives the diversion ban for any container less than 5.7 gallons. That means that the bottled water industry is off the hook (from the compact, at least—states still have the ability to independently regulate bottled water coming from their shores) and will have no restrictions on the amount of water it repackages in bottles made with oil and then resells at thousands of times the water's value. This article from National Geographic Kids paints a clear picture: Envision a water bottle filled a quarter of the way up with oil. That's how much oil was needed to produce the bottle containing something you can get for next to nothing in the tap. However, when it comes to bottled beverages, water is at least a healthful choice.

There's no limit to how much water private bottlers can take, so environmental lawyers have warned that the compact paves the way for the "privatization" of our water sources. The compact refers to the water as a "product."

"As long as the water is considered a product, it establishes a precedent that water can be grabbed by profit-hungry corporations who want to claim it is a product not subject to the compact," said Wenonah Hauter, executive director of Food and Water Watch. "This undermines the very purpose of the compact and creates a dangerous precedent for exporting water in the United States, in this instance from the largest body of fresh water in North America."

At the same time, proponents of the bill say that bottled water takes away only a negligible amount of the lakes' water. They also say that there are plenty of good things in the bill to make up for the effects of allowing water bottlers access to the lakes.

"I don't want to throw the baby out with the bath water. This compact does far more good than this one provision does bad," said Cameron Davis, president of the Alliance for the Great Lakes. "It doesn't create a loophole. It simply gives states the ability to manage water the way they see fit. If a state wants to ban bottled water, they can do that.... There aren't enough bottles in the world to send out water in the quantities we'd worry about."

Feeding the Greed Through Giant Straws

It has been nine, almost ten years since Nestle came to Wisconsin very thirsty for our water. It took ordinary people and turned them into extraordinary human beings. The people of New Haven, where Nestle wanted the springs, and the people of Newport, where the one million sq.ft. plant would have been were basically "sold down the river," due to politics in our DNR and state government, and a few social climbers. We had antiquated water laws. We fought, grassroots style, just as many have to do. It took a year and a half, all our time, hundreds of thousands of dollars, and some lost their health. Concerned citizens filed lawsuits, and the Ho-Chunk people also filed suit. They had history and ancestry at the springs Nestle wanted.

Nestle finally left. Too much bad publicity for the corporation. Then soon we learned Nestle had been in Michigan, searching there while we were fighting here. Our hearts went out to Terri Swier and the folks in Mecosta, Michigan. Now, after a nine year battle with Nestle in and out of court and a million dollars raised for the cost of fighting for their water, Terri and the MCWC (Michigan Citizens for Water Conservation) won in court a permanent injunction reducing Nestle's water removal by 50%. MCWC is to be commended for a brave and courageous fight.

As I write this, another multi-national company, Crystal Geyser/Crystal Geyser Roxane,LLC, is trying it's hand at getting into Wisconsin, this time in the Town of Oxford, Marquette County. And yes, this water bottler is owned by French and Japanese investors with holdings worldwide. And the Great Lakes Compact will not protect us. Our water laws still have loopholes, budgets got cut, and Nestle still has lobbyists in our Capitol working on groundwater laws. How can this be? Water is not, should not be a commodity.

The area from which Crystal Geyser wants to mine our water is filled with wetlands, streams, springs, flora and fauna and families. Our county is the boyhood home of John Muir. We have a county park named after him. It's where he hand dug a well to get water for his family. Just what would John Muir think of his home state not doing everything in it's power to protect our waters; our human and natural environment.

We are fighting again. I guess we never stopped. Until our government protects our water and our human and natural environment from these water miners, we will keep fighting. There is way too much to lose.

I will close now, and thank everyone that followed my thoughts and words. I know we are not alone. I urge you to view Blue Gold: World Water Wars by Sam Bozzo. It tells many stories of privatization and the raping of our waters all over the world. Be prepared - even if you think you know what is happening, you will still learn. Hopefully it will anger and motivate. Do all you can to urge the lawmakers to protect our most precious of natural resources. Water is life.

Peace. Be water wise.

Carol Zimmermann of WI @ Aug 15, 2009 00:58:29 AM

Great Lakes Compact

What is our state, Michigan, doing to prevent Great Lakes water being treated as a product and sold in bottles like Nestle is doing in Mecosta County. There is definitely a bottled water loophole in the Compact just signed by Bush.

Joann Ott of MI @ Oct 19, 2008 17:45:30 PM

Read My Lips: No New Bottled Water

Michigan State University students have launched a sustainability awareness campaign that highlights actions people can take on the personal and political level to make a difference on this important front. The campaign's posters pun on well-known political slogans, such as "I Like Bike," and "Read My Lips: No New Bottled Water." You can find more about the campaign at

http://ecofoot.msu.edu/

We also are making these posters open source and are encouraging people to download them and use them in their own local communities to spread the word and actions we all need to take.

We are very much aware of the bottled water loophole in Michigan and hope, in part, that our campaign will raise awareness of bottled water's "hidden" environmental and economical costs.

Thanks for your reporting.

Sincerely,

John A. Kinch, Ph.D.

John A. Kinch of MI @ Sep 28, 2008 16:19:19 PM

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Fresh Greens

Fresh Greens

Maura Judkis is a producer at U.S. News. She writes about the green movement and looks for ways to be an ecofriendly consumer without breaking the bank. Send her your green tips.

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