Michigan Citizens For Water Conservation v. Nestle Waters North America Inc.

709 N.W.2d 174 (Mich App. 2005)

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Nature of the Case

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Facts

D's predecessor in interest, began taking steps to construct a spring water bottling plant. D purchased the groundwater rights to a property located north of the Osprey Lake impoundment and referred to as Sanctuary Springs. The Osprey Lake impoundment is a man-made body of water created by the damming of the Dead Stream. After D announced, its plans P was formed to represent the interests of riparian property owners in the vicinity of the proposed wells, as well, as other interested persons. D began installing wells. Permits to use the wells were issued by the Michigan Department of Environmental Quality (DEQ). The combined maximum pumping rate permitted for the four wells is 400 gallons per minute (gpm). In the summer of 2001, D began to construct its bottling plant approximately 12 miles from Sanctuary Springs. In June 2001, P filed a complaint, which in part sought an injunction against the construction of the bottling plant. The trial court denied P's request for an injunction because the construction of the plant did not itself constitute the harm sought to be enjoined by P. The bench trial commenced on May 5, 2003, and ended on September 10, 2003. The trial court found that D's pumping had harmed and will continue to harm Ps' riparian interests. The court ordered D to terminate all water withdrawals from Sanctuary Springs. D appealed.