Tag: FLOW

Interview: “Watershed Moment” — FLOW Executive Director Liz Kirkwood with Amy Rotter on 88.1 FM Grand Rapids

Liz Kirkwood, Executive Director of For Love of Water (FLOW), discusses the mission of FLOW to advance the public trust doctrine: the basic fundamental notion that public resources, such as water, belong to and are shared by the public.

Press play to listen:

Click here to check out this and other “Watershed Moment” segments from the Grand Rapids Community Media Center and 88.1 FM Grand Rapids.

Transcription:

Announcer: This is a Watershed Moment, protecting water resources and building sustainable communities, brought to you by the West Michigan Environmental Action Council and Grand Rapids Community Media Center.

Amy Rotter: On today’s episode, we hear from Liz Kirkwood, Executive Director of FLOW, “For Love of Water.”

Liz Kirkwood: FLOW is really unique group here in the Great Lakes. It’s the only public trust policy center and educational group that is addressing the systemic threats in the Great Lakes. What that means is we are trying to advance the public trust doctrine, which is the basic, fundamental notion that public resources, like the waters, belong to, and are shared by, the public. And, it’s the duty of the state to protect the waters for the citizens and ensure that the waters themselves are not impaired. They also have a duty to ensure that protected public uses such as navigation, fishing, commerce, swimming, and ecological values are protected as well.

The public trust is an ancient doctrine that goes back to the Roman times, but it really pulls at all of our heartstrings, it’s that inherent sense that water cannot be privately owned, and it belongs to all of us. And that is a very important public right that we all have and it’s very empowering for citizens and governments and leaders to exercise as we face greater scarcity of waters and greater competition for those uses.

Please contact us at www.flowforwater.org.

Announcer: This has been a Watershed Moment, a production of West Michigan Environmental Action Council and Grand Rapids Community Media Center. Learn more about today’s topic at www.watershedmoment.info

FLOW Local Ordinance Program Brings Fracking Protection to Two Michigan Townships

Click here to view and download the full press release PDF

PRESS RELEASE

FOR IMMEDIATE RELEASE

May 23, 2013

FLOW Local Ordinance Program Brings Fracking Protection to Two Michigan Townships

Michigan Communities Seek Regulation of Horizontal Hydraulic Fracturing for Natural Gas

TRAVERSE CITY, MI – Two Michigan Townships—Cannon Township and Gun Plain Charter Township—signed up with FLOW to develop regulatory ordinances on horizontal hydraulic fracturing, or “fracking.” FLOW is the Great Lakes Basin’s only public trust policy and education center.  These townships, in Kent County and Allegan County respectively, are taking the lead in protecting their community from the industrial land-use impacts and potential risks of fracking.

Fracking for oil and natural gas is exempt from many regulatory laws at both the federal and state levels, including the Clean Water and Safe Drinking Water Acts, the Great Lakes Compact and Michigan’s Water Withdrawal Act. These townships are setting a precedent by being the first in the state of Michigan to develop fracking regulation ordinances in consultation with FLOW. Despite zoning prohibitions to regulate drilling, construction production, and operation of oil and gas wells, townships still do maintain legal authority to regulate ancillary activities, including roads, truck traffic, pipelines, flow lines, gathering lines, location of wells, disclosure of chemical use, air pollution and more. Moreover, townships can rely on other sources of authority such as police power ordinances.

Last week, Cannon Township enacted a fracking moratorium and will not consider any requests for fracking activities for a period of six months, so that the township has an opportunity to study potential impacts. On Wednesday, May 22, FLOW held the first of three educational meetings with Cannon Township officials and community members to facilitate the development of a fracking ordinance there. In this process, FLOW works with the township to determine what areas of concern are most pertinent to the community to regulate. FLOW will facilitate this same fracking ordinance development program in Gun Plain Township, and the first meeting there is scheduled for June 19.

“Whether you are for or against fracking, the important things for communities to know are the impacts we face with this high-impact and water-intensive technology, and be prepared in advance to handle it,” remarks FLOW’s founder and chair, Jim Olson.

Gun Plain Township was one of several townships present at the March 18 Allegan County Supervisors meeting at which FLOW was invited to present an educational overview of legal strategies and tools for local communities to regulate fracking. FLOW has delivered a similar educational overview program a dozen times throughout Michigan in the past three months. This informational presentation is based on FLOW’s November 2012 report, “Horizontal Fracturing for Oil and Natural Gas in Michigan: Legal Strategies and Tools for Communities and Citizens.” FLOW’s report highlights legal strategies and policies designed to assist local governments in safeguarding their communities against the unprecedented and cumulative impacts of fracking.

Horizontal fracking requires injecting a cocktail of up to 21 million gallons of water and over 750 chemicals under high pressure into wells in order to fracture deep shale formations and release oil and natural gas. A review of literature on fracking and its associated risks reveals several concerns: (1) massive water withdrawals; (2) groundwater contamination; (3) surface spills and leaks; (4) wastewater management; (5) land-use impacts; (6) truck traffic and burden on infrastructure; (7) lack of public disclosure.

The Collingwood/Utica deep natural gas shale formation spans across Michigan’s Lower Peninsula; since May 2010, around 752,260 acres of Michigan’s state land has been leased for oil and gas development. Grassroots and citizen organizations throughout the state have expressed their concern about fracking in their communities. While there are no producing fracking wells in either Cannon or Gun Plain Townships, most state lands in both counties and a significant portion of private lands have already been leased for exploration.  In response to concerned citizens, these townships are taking preventative action with FLOW’s assistance. FLOW encourages other concerned citizens and coalitions to alert their township Supervisors and examine the need for similar regulatory ordinances to protect against the industrial impacts of fracking.

For more information:
Liz Kirkwood, Executive Director, FLOW, (231) 944-1568
liz@flowforwater.org | @FlowForWater | www.flowforwater.org

# # #

FLOW is a 501(c)(3) nonprofit organization whose mission is to advance public trust solutions to save the Great Lakes. Through its law and policy work, FLOW is raising public awareness about the public trust doctrine and its principles as a unifying framework to protect the commons and address the systemic threats to water, public lands, and the environment throughout the Great Lakes.

Video: Jim Olson, Maude Barlow on Public Trust and the Commons at the Rochester, NY Sierra Club 15th Annual Forum

Click here to view the full video

FLOW President and Chair Jim Olson joins international water advocate Maude Barlow at the Rochester, NY Sierra Club’s 15th Annual Environmental Forum on March 25, 2013. To watch the video in full, click here.

The Water-Energy Nexus: FLOW at the MI Governor’s Energy Policy Listening Session

As part of Earth Day today, I had the opportunity to submit FLOW’s memorandum to the Michigan Public Service Commission at the Governor’s “listening session” on future energy policy in Michigan. At FLOW we believe that by looking at the entire hydrological cycle as a basis for addressing systemic threats like climate change–the single largest human induced diversion from the Great Lakes–water and energy policy and actions are inseparable. More importantly, if energy policy is elevated to an obligation to protect the integrity of water, something the commons and public trust in water may well require, then our energy policy can better promote jobs and economic stability and growth and protect water and the environment. FLOW Executive Director Liz Kirkwood also spoke at the forum to address the need to connect water to climate change, energy, and wasteful or inefficient and inequitable water consumption practices related to energy and food production, and other consumptive uses. You can read FLOW’s memorandum on the Energy and Water Nexus, along with the rest of our reports, on our policy center page. The text of our comments are below:

Click here to read FLOW President Jim Olson’s comments as a PDF
 
Click here to read FLOW Executive Director Liz Kirkwood’s comments as a PDF
 

Statement by James M. Olson, Chair, FLOW
A Water and Energy “Nexus” Policy For Michigan

The “energy listening” sessions ordered by Governor Snyder to help Michigan fashion an energy policy are welcomed. However, at a time of a climate change crisis fired by coal and other greenhouse gases with severe and worsening impacts and costs, including increasing extreme low water levels, there is a disconnect between energy and Michigan’s most valuable common treasure – water and the great lakes. No energy policy in Michigan should omit the protection of the integrity of our water – both quality and quantity- as one of if not its central core principles.

There is a rapidly increasing demand for water world wide and strong probability that global demand will outstrip supply in just 30 years. If anything drives the point home for a 21st century policy that centers on a “nexus” between water and energy, it is the staggering cost to life, property and communities from storms like those experienced in the northeastern United States this past year. Add to this the lowest water reported water levels in the Great Lakes, and devastating future climate change entails for all of us and our children in this century, and it becomes quite evident that water and energy are inseparable. It is imperative that water is declared the core of our energy policy. If we honor and respect the integrity of water and our Great Lakes, we will find and follow a sound energy policy.

Because of the need to address water and energy together (as a “nexus),” Michigan must move forward with a multi-disciplined framework that requires application of “integrated resource planning” principles for evaluating energy policy and options. The same should be true for water policy. This would require a goal and planning effort that seeks the least costly energy services and goods with a full evaluation of all costs to water, the ecosystem, and our communities. Without “full cost” and integrated resource planning, Michigan’s energy policy and use will lead the state into an impoverishing downward spiral — economically, environmentally, and culturally. “Pure Michigan” and a sound sustainable economy and jobs mean pure air and pure water both in quality and quantity.

Therefore, it is my opinion, and I urge the governor, his advisors and staff, and the legislature to consider and adopt an energy policy that conforms to the integrity of water, the gravity of climate change, and a dynamic open mindedness that applies full cost evaluation and integrated resource policy. If we fail to do this, Michigan will fall into decline while other parts of North America and the world begin to prosper.

Three points:

  1. Michigan sits in the middle of the most valuable water/ecosystem in the world. It is held in public trust so that it is protected from impairment and loss. The Great Lakes Compact and Water Quality Agreement of 2012 underscore this principle and enact a policy that these waters are held in trust and should not be diverted or loss by consumptive uses, and this requires a response to keep greenhouse gases in check.
  2. In one week, thermal electric power plants use (a net loss to great lakes) as much water as the Chicago Diversion. Energy costs are rising, water levels are falling, water is more essential than coal-fired or other fossil fueled power, including the extraction of equally water intensive fuels like fracturing deep shale for natural gas – deep shale fracturing will displace or remove approximately 21 million gallons in 21 days for just one gas well. Multiply this times the 1,000 wells we will see if this is not carefully considered and regulated, and it will result in a permanent loss of 21 billion gallons of water from fragile headwater areas.
  3. The only sound and secure goal for Michigan is to move quickly toward a renewable and efficient energy world. This will diversify, increase, and lower cost of energy supplies, reduce costly infrastructure, reduce toxic air and water impacts, and temper the effects of climate change, including our plummeting water levels. Equally important, it will set Michigan on a course to lead the nation and help the next generation create positive profitable investments, cheaper more appropriate power, new industries and jobs – batteries, solar, wind, and conservation. Michigan must enact a “greenhouse trust fund” for any so-called “bridge fuels” like natural gas so that the justification of such a water-intensive environmentally risky method of extraction will be assured by a conversion to a renewable energy economy.

Michigan and Michiganders are nothing without water. Any approach to energy without integrity of water as its core principle and without an immediate shift to renewable energy and efficiency will put Michigan in an economic and environmentally disastrous downward spiral. We owe to ourselves and children and grand children to put water and Community first. It is a matter of water and public trust. It is a matter of survival.
 
 

FLOW Executive Director Liz Kirkwood’s Comments on the Water-Energy Nexus

My name is Liz Kirkwood and I’m the Executive Director of FLOW (“For Love Of Water”), which is a water policy and educational institute dedicated to understanding the threats and solutions to water in the Great Lakes by focusing on the nexus between water, energy, food, and climate change.

I want to thank Michigan Public Service Commission Chairman John D. Quackenbush and Michigan Energy Office Director Steve Bakkal for the opportunity to speech and address overall question 1: What information do energy policy makers need to consider in order to make good energy decisions?

Michigan faces a watershed moment and opportunity to chart a new cleaner energy course that is good for jobs, good for the environment, good for energy affordability, and good for the water.

To chart this new course, we first must recognize that our energy choices profoundly affect our water and cause serious climate change impacts.

Water and energy are inextricably linked. Water is used and lost in energy-resource extraction, refining and processing, transportation, and electric-power generation. And yet, because water is such a cheap commodity, it is rarely calculated and balanced in our energy decisions. Let’s change this so that the water-energy nexus become an integral part of charting Michigan’s energy future plans.

By 2035, the amount of water consumed for current energy production is projected to double. During this same time, there will be increasing water scarcity from pollution, waste, drought and human-induced climate change and impacts.

Given the clear interrelationship between energy, food, and water, we can no longer “silo” these sectors; rather we must improve decision-making with greater integration and collaboration between water resource management and energy production.

This calls for a new vision that recognizes the nexus between water, energy, food, and climate change. To make this shift, we must view water in a different light where water becomes the starting point for everything we do. Without water the health of our people, economy and ecosystem are diminished.

The recent U.S. natural gas industry shale boom has reignited attention on the water-energy-climate change nexus. The big issue with hydraulic fracking is the water, both in terms of sheer quantity (e.g., 300 million gallons to frack 13 wells in Kalkaska County) and safe disposal of chemical-laden and often toxic waste water that will never return to our hydrologic cycle. Before Michigan embraces natural gas as a “bridge” fuel, we must conduct a generic analysis of cumulative impacts on water, environment, and health that properly weighs the unprecedented risks that fracking poses to our precious water resources.

Additionally, Michigan’s coal-fired power plants are the state’s largest single source of heat-trapping carbon dioxide emissions, which are detrimentally contributing to climate change by increasing lake evaporation and causing our extreme low water levels in Lake Michigan-Huron.

In fact, we hit record low water levels in January of this year – 26 inches below average – according to data collected by the U.S. Army Corps of Engineers since 1918. The water levels issue is at the heart of the Great Lakes’ and Michigan’s economy, energy and water needs, social fabric, quality of life, and environment. In March of this year, our Governor signed legislation providing $21 million in taxpayer emergency funds to dredge state harbors that are in danger of becoming impassable because of low water levels.

We cannot sit idle anymore; rather we must adapt our current fossil-fuel economy to one with low-carbon and low-water footprint. Water in effect must become the center of everything we do, such that shifting to renewables becomes the obvious energy choice and addresses the root causes of receding water levels so that we do not jeopardize our current and future way of life.

Michigan is already witnessing renewable energy sources like wind becoming more cost effective and affordable to our businesses and citizens than polluting traditional sources like coal and oil. Wind is at 4.5 cents/KWH as opposed to traditional blended energy sources at 7.6 cents/KWH. The benefits of renewable energy are clear: affordable, clean, stable rates, Michigan job generator, minimal water use, and protective of human health and the environment.

In addition, Michigan should promote energy efficiency and energy conservation in all sectors because it is the cheapest, cleanest, and most quickly deployed source of energy.

To chart this new course, Michigan must embrace its innovative manufacturing traditions and promote renewable energy sources to reduce pressure on water resources and limit adverse climate change impacts. We think Michigan can and should become a leader in renewable energy, and at a minimum compete with the neighboring states that currently generate 20%+ of renewable power with excellent reliability.

We urge the State of Michigan to think wisely about its future energy choices, pay for water consumed, and ensure that the long-term energy decisions are good for our water too. Once we chart this path, then we can proudly say we are living up to our motto: “Pure Michigan.”

Guest Blog: Ted Curran – “Make Them Pay”

Excelsior fracking operation in Kalkaska, MI

Preface from Jim Olson
Water in Michigan is recognized as a public resource or the “waters of the state.” Landowners or those leasing from them have a right to use water, but not unreasonably and it generally not by removing it permanently from watersheds. FLOW board member Ted Curran rightly calls on the state to start treating water as the valuable public resource that it is.

Make Them Pay

April, 2013

The oil and gas companies using millions of gallons of Michigan water to extract natural gas from fracturing shale should be required to pay a fee per gallon for the water used. So far, Michigan water has been used without cost; and, by the way, is no longer usable after it is ruined by the chemicals used in “fracking.” Also, the water taken will lower water tables at a time when Michigan water levels, including the Great Lakes, are at historic lows.

Natural gas exploration and extraction have become important factors in U.S. long-term energy needs, but it is vital that the method used do not create new environmental problems. Fresh water used in “fracking” is an example: Since the water is a public resource and the water used in gas drilling is removed from the water cycle and cannot be reused for human consumption or for agricultural purposes, it is vital that states—including Michigan—and local communities immediately begin charging a fee per gallon for fresh water used in “fracking” so that funds will be available to provide new sources of fresh water and or research the current practice of “fracking” water use to come up with a different natural gas extraction technology that protects groundwater and the Great Lakes.

A shorter version of this op-ed appeared in the Traverse City Record-Eagle Opinion section on April 10, 2013

FLOW and Jim Olson Featured on MyNorth.com

Northern Michigan Environment: Jim Olson on FLOW for Water

Nationally renowned environmental attorney Jim Olson gives a quick overview of his new Great Lakes water advocacy group FLOW, based in Traverse City.

 

By Jeff Smith

March 25, 2013

Click here to read the article on MyNorth.com

TRAVERSE CITY – Northern Michigan Outdoors: We last checked in with environmental attorney Jim Olson in late 2011, when the nationally renowned water law expert was launching a nonprofit called FLOW, for the love of water. The group’s mission is to promote new legal protections for water based on public trust principles, principles that he says lie at the very foundation of Western environmental law. Boiled to the essence, the principle asserts that water should be governed so that everybody can use the water, but nobody can use water in a way that renders it unusable for others (like, say, pollute the water or over-draw the water). (Get a more in-depth explanation here: mynorth.com/My-North/August-2011/Traverse-City-Attorney-is-Defender-of-Global-Water/). The public trust principles sound like common sense and simple enough, but in practice not so easy to get through a legislature.

Olson has been promoting public trust protection of water for more than 30 years. Back when he started, few people took him seriously, but over the decades and through his tireless efforts, his ideas have become part of the national and international water management dialog.

We checked in with Olson on a recent snowy Traverse City afternoon to see how things have progressed since we last spoke.

What’s the biggest victory FLOW has had since we last spoke?

Olson: In December 2011 we met with the International Joint Commission, which is a U.S. and Canadian board that has legal authority to set laws for Great Lakes water, and presented our ideas. They invited us to Washington D.C. and gave us a private hearing, which is a rare event. We followed up with a report to the Environmental Protection Agency and to the president’s coastal policy board. We also published an article in the Vermont Law Journal.

Water levels in the Great Lakes are on everybody’s minds these days—landowners, freighter ship captains, environmentalists—are you doing anything in that realm?

Olson: In fall of 2012 we submitted comments to the IJC about how public trust principles can be applied to water level decisions. These are complex and multi-layered challenges and public trust principles offer a profound limitation to possible abuses.

What was your approach in your comments?

Olson: We took each threat to the Great Lakes and looked at how public trust would affect that particular issue, how public trust principles would play out in the real world to get a good result.

What about on the FLOW organization side, what’s to report there?

Olson: We now have 17 board members and two paid staff. Liz Kirkwood is our executive director and Allison Voglesong is doing our communications. They are a couple of very dynamic people and really doing a great job.

What do you see as some of the specific issues you’ll be tackling in coming months?

Olson: Water levels, certainly. And we are looking for the ability to use local regulations to protect against fracking. Nutrient loading into the Great Lakes is important. How the energy and water and climate interaction will affect water in the Great Lakes.

Obviously the biggest environmental issue of our time is climate change—is there a connection to public trust principles there?

Olson: The Great Lakes are at an all-time low, and many people think climate change is largely to blame. We are looking closely at the hydrologic cycle. If you think about it, excess evaporation due to climate change is actually a diversion of some sort.