Michigan’s state park system is considered one of the finest in the nation. Dating back to 1917, the system includes 103 parks and recreation areas that sustain more than 25 million annual visits.
But there’s another, smaller park system, and it’s underwater.
The underwater preserve system is also on public land – the nearly 40,000 square miles of Great Lakes bottomland, all of which is held in trust for the people of Michigan by state government. The system now includes 13 preserves encompassing 7,200 square miles of lakebed.
Our bottomland preserve law was essentially enacted to protect shipwrecks and promote sport diving, and it has been a success in meeting those objectives. But the system could be broader in scope. The state law authorizing these preserves says they can be established wherever a bottomland contains “a single watercraft of significant historical value, includes 2 or more abandoned watercraft, or contains other features of archaeological, historical, recreational, geological, or environmental significance.” Designation then leads to protection.
Federal law provides for marine sanctuaries. Michigan is the only Great Lakes state containing one, the Thunder Bay National Marine Sanctuary, although there have been proposals for sanctuaries in Wisconsin, Pennsylvania and New York state waters. The current administration in Washington does not support new sanctuaries. Thus, it makes even more sense for Michigan to identify, and fund protection of, its underwater resources.
Power Island in Grand Traverse Bay has always been a hometown favorite of mine. I have been visiting Power Island since I was a young boy and have always been fascinated about the stories my mother would tell me about how she would visit the island as a young girl, and how her parents attended extravagant parties at the dance hall that once inhabited the Island.
Power Island has a unique history that includes numerous names, presidential stays, private ownership by Henry Ford, and a host of other stories that make what is now known as Power Island an integral part of Traverse City’s historic identity. Besides this rich history, Power Island provides over two miles of pristine waterfront and over five miles of hiking trails that connect the now 10 campsites dispersed across the south side of the island, as well as the one-acre Basset Island that is connected via isthmus.
Julius Moss, Legal Intern
The Island is only a 6.5-mile boat ride from Clinch Park Marina in downtown Traverse City and only a 3.5-mile ride from Bower’s Harbor Marina on Old Mission peninsula. My favorite way to reach the island is by kayak. Although it is quite the paddle from downtown Traverse City, launching from Bower’s Harbor Marina makes the journey achievable. In fact, this week I was fortunate enough to spend a majestic evening on the island, and take a one of a kind commute across West Bay to the FLOW office the next morning.
Traverse City is very fortunate to have a destination like Power Island just minutes away. I encourage you all to boat or paddle over, so that you too can experience the wonders of island life in the Great Lakes.
Over three years ago, on July 15, 2015, the State of Michigan’s Petroleum Pipeline Task Force released its recommendations for the state to conduct an independent risk analysis and independent alternatives analysis on the Line 5 pipelines located in the open waters of the Great Lakes. The Governor’s Advisory Board, created by executive order, promised the public these two separate reports by the summer of 2017.
But just before the risk report’s release in June 2017, the state scrapped the report due to a conflict of interest involving Enbridge and the independent contractor who has simultaneously worked on Enbridge’s Line 6B pipeline. Now, three years after the initial study recommendation, we finally have the risk report estimating Enbridge’s liability at $1.8 billion for a worst-case-scenario (WCS) oil pipeline spill in the heart of the Great Lakes.
FLOW’s 2018 commissioned economic impact report (released in May 2018) — conducted by a nationally respected ecological economist and based on conservative assumptions — estimates $697.5 million in costs for natural resource damages and restoration and more than $5.6 billion in total economic impacts, including:
$4.8 billion in economic impacts to the tourism economy;
$61 million in economic impacts to commercial fishing;
$233 million in economic impacts to municipal water systems;
over $485 million in economic impacts to coastal property values.
Our FLOW team attended and testified at the state’s presentation this past Monday, on August 13, 2018, held at Boyne Highlands, and it was the first honest conversation between the state and citizens in a public forum about the real risk Line 5 poses to our waters and our way of life.
A team led by Dr. Guy Meadows of Michigan Technological University presented this independent risk analysis on its 58,000-barrel WCS disaster that would potentially affect 441 miles of Lakes Michigan and Huron shoreline in Wisconsin, Michigan, and Ontario. The Risk Analysis examined impacts to public health, drinking water, cultural resources, tourism, property values, natural resources, and economy. The report’s final section analyzed perceived risk and the social license to operate based on public opinion. To do this, the report reviewed the 45,000 comments submitted in December 2017 on Dynamic Risk’s Alternative Report, and found an overwhelming 80 percent of commentators opposed to Line 5. The reasons articulated by the opposition were grounded in sound science and law, according to Dr. Meadow’s team.
Although the dollar figures are different due to methodologies and assumptions, what the FLOW-commissioned MSU economic impact report and the state’s report demonstrate is this: Line 5 poses an unacceptable risk to the Great Lakes and the State of Michigan. Period.
The risk and potential harm unfairly burdens the citizens, businesses, and tribes of Michigan, and the freshwaters of the Great Lakes. A spill from Enbridge’s Line 5 could contaminate nearby municipal drinking water intakes, devastate some of the commercial, recreational, and tribal fisheries of the Great Lakes, kill aquatic and terrestrial wildlife, impair critical ecosystem services, diminish coastal property values, and tarnish the image of the state of Michigan and perceptions of its high levels of ecological integrity. Even bigger impacts would damage Michigan’s critical tourism industry.
The state’s risk analysis is yet another compelling reason for the state to take swift action to shut down Line 5.
Friday Favorites is our new series where we explore some of our favorite places in and around the Great Lakes.
The Mighty Mac, the Big Mac, the Mackinac Bridge.
One of the most iconic sights in the Great Lakes region, the Bridge has always been a source of wonder for me. My family took trips to the Upper Peninsula of Michigan to go camping, and the best part of the car ride was the five miles over the Great Lakes. My brother and I would peer out the window down to see the water, then up to watch the enormous passing towers.
The structure itself amazed me, it still does today. Built just after the Line 5 pipelines in the Straits, the Mackinac Bridge opened in 1957. There is often work being done to maintain the bridge, and we would wave to the workers as we drove past. They never waved back, too immersed in their work.
Nayt Boyt, Office Manager
While camping is not permitted on the bridge, people can “hike” it. The Mackinac Bridge Walk every Labor Day allows people to walk the length of the bridge and witness the grandeur of the bridge and the surrounding Great Lakes. I have done so with my family several times.
Over the years, the Mackinac Bridge has served not only as a path toward camping along beautiful Lake Superior, but as a destination in itself, an impressive and beautiful bridge that I will always consider part of my home.
Now that the primary election is behind us, Michiganders will pay increasing attention to this fall’s all-important electoral choices. FLOW is contacting the nominees for Governor, Attorney General, and northwest Michigan House and Senate seats this week to inform them of the water and public trust issues we think they should tackle. We are looking for them to provide voters their views on these issues before the November election.
Here are the key challenges we believe the Great Lakes State faces in protecting its public trust assets:
Shut down Line 5 at the Straits of Mackinac. These antiquated 65-year-old pipelines convey almost 23 million gallons per day of petroleum products along the public bottomlands of the Straits. They pose an unacceptable risk of a spill that could cause ecological devastation and deliver a more than $6 billion blow to Michigan’s economy. The Legislature should amend Public Act 10 (1953) to require any utility easement authorized under this Act to reapply under the Great Lakes Submerged Lands Act and public trust laws governing occupancy of our public waters and bottomlands.
End Nestlé’s profiteering off public water and secure public water benefits. At a cost of $200 per year in state fees, Nestle is making hundreds of millions of dollars in profit annually by pumping, bottling and selling groundwater that would otherwise feed wetlands and streams. In effect, Nestle is selling back to the public its own water at a markup of more than 2000%. The Legislature should subject all private capture and sale of municipal water and groundwater to state regulation, impose royalties to benefit public water needs, and prohibit withdrawals that have unacceptable impacts on sensitive water resources.
Prevent and remediate Michigan’s groundwater contamination. About 45% of Michigan’s population drinks water from groundwater supplies. Unfortunately, there are 6000 legacy groundwater contamination sites for which there is no state cleanup funding, an estimated 130,000 failing septic systems, thousands of private water wells contaminated with dangerous nitrate, thousands of sites that pose a risk of indoor toxic vapor intrusion, and a staggering number of potential sites (estimated at 11,000) where groundwater is contaminated with PFAS compounds. The Legislature should enact laws to address ongoing threats to groundwater quality and create a fund of at least $500 million to clean up legacy contamination sites.
Assure access to clean, safe, affordable water for all Michigan citizens. It is simply wrong that in a water-abundant state, thousands of households are priced out of access to basic water services in communities like Flint and Detroit. The Legislature should provide seed money and mandate public utility water pricing that assures all citizens can afford basic domestic water services.
In an end-run around the public participation process they established, Governor Rick Snyder and Enbridge, Inc., the owner and operator of Line 5, are exploring the possibility of building a $500 million tunnel to replace the stretch of 65 year-old Line 5 pipeline that runs under the Straits of Mackinac.
While a tunnel, properly designed and engineered, may be able to prevent harm in the event of a pipeline breach under Lake Michigan, there are compelling reasons why a tunnel should not be built.
First, the five-mile segment of a tunnel running under the Straits of Mackinac represents less than 1 percent of Line 5’s total length of 645 miles. Long segments of this aging infrastructure run parallel to the Lake Michigan coast in the Upper Peninsula, crossing 400 rivers and streams that are tributary to Lake Michigan and numerous other water bodies. Records from the Pipeline Hazardous Materials Safety Administration indicate that in the last 50 years, there have been at least 29 spills along the length of Line 5 outside of the Straits, resulting in the release of over 1 million gallons of oil and natural gas liquids.
The threats to our freshwater lakes and streams will escalate over time as the other 640 miles of Line 5 age and degrade.
Second, aside from the fact that Line 5 crosses Michigan largely to serve markets outside our state, a tunnel for Line 5 is a fundamentally unsound investment – one that is unneeded, economically imprudent, and may soon be functionally obsolete.
Major new pipeline infrastructure investments assume the continued demand for transportation fuels. But our fossil fuel-based economy is in transition and will be completely transformed within the coming decades.
Recent petroleum sector forecasts by firms specializing in energy trends like Bloomberg, Navigant, and Goldman Sachs, predict that the transition to electric vehicles will accelerate quickly with a corresponding, precipitous drop in the demand for transportation fuels.
The world’s major auto manufacturers are validating these predictions. General Motors, VW, Volvo, and others are making clear that petroleum-free electric drivetrains will dominate their future manufacturing investments and that future product offerings will not use transportation fuels.
At the same time, sovereign nations are intent on extinguishing demand for petroleum. England, France, Norway, Netherlands, Slovenia, India and China have announced their intentions to ban future sales and, in some cases, the use of vehicles with internal combustion engines. Ireland has gone even further, announcing that it will divest its sovereign interest in all oil, gas and coal.
And while Enbridge boasts that it transports 63 percent of all Canadian oil to the United States, Big Oil sees the writing on the wall. Seven international oil companies – Exxon Mobil, Conoco Phillips, Statoil, Koch Industries, Marathon, Imperial Oil and Royal Dutch Shell – will not need Enbridge’s future pipeline services as they have announced that they are writing off tar sand assets in Alberta.
The confluence of these trends will result in demand for transportation fuels declining precipitously, rendering a Line 5 tunnel project a costly albatross.
Third, climate change is the elephant in the room. Continued investment in fossil fuel infrastructure is fundamentally at odds with the global consensus on the urgent need to reduce greenhouse gas emissions. The findings of our National Climate Assessment are unambiguous – decarbonization of the global economy is an imperative, entailing a “fundamental transformation of the global energy system” to one that is no longer dependent on fossil fuels. As the need to address climate change becomes more acute, new pipelines proposals will be met with the scrutiny they deserve.
Finally, we should all be able to agree that there are exceptional places and natural features that are deserving of special protections. Just as we would not allow a foreign corporation to build a tunnel under the Grand Canyon, the Great Lakes should be off limits to fossil fuel infrastructure.
Our Great Lakes are a globally-unique natural resource, the largest interconnected freshwater system in the world, containing 84 percent of all surface water in North America. Recognizing that certain natural resource endowments are invaluable and irreplaceable gifts of nature, both state and federal law already prohibit all oil and gas development, even if done laterally from inland areas.
Skip Pruss, FLOW Chair
Building a tunnel to perpetuate Line 5 makes little economic or environmental sense. The decisions we make about how to use and protect our freshwater seas will ultimately be judged on whether they do or do not protect the ecological, social, cultural, and economic interests of future generations.
Simply put, our Great Lakes merit extraordinary protection, and their bottomlands must be off limits to oil and gas pipelines.
Friday Favorites is our new series where we explore some of our favorite places to play in and around the Great Lakes.
Traverse City residents might be rolling their eyes at the suggestion of Pyramid Point as one of my favorite places in the Traverse City area, but hear me out. This (not so) secret trail has been a staple during my time in northern Michigan, always one of the first places I take my friends and family who come to visit. Every time I turn off M22, I grin like a kid who finally caught the ice cream truck, so excited to show off this awesome lakeshore some of us get to call home.
A favorite place doesn’t have to be the most secret, “locals only” spot that nobody else knows about. We all have those, where we go when we want to escape the craziness of summer festivals, need a quiet stroll without boisterous families, or just want to sit and watch the water roll in and out in peace.
Pyramid Point is none of those things. It is, unless you go early or in the off season, consistently full of dogs, kids, and visitors. The 0.6 mile climb up from the parking lot is mellow enough that I have brought friends and family from all areas of my life up there. We have meandered up the path, stopped to chat with folks on the way, raced to see who could make it up first, identified wildflowers, snowshoed in the winter, and trail run laps on the longer loop before heading into Glen Arbor for pizza.
Everyone’s face lights up when they first see the endless expanse of turquoise water. “Wait how is this not the ocean??” they demand, barely taking their eyes off the water to gauge my response. I usually shrug and point out the Manitou Islands, making a joke about lake sharks. Surrounded by kids snacking, dogs gulping water, and friends posing together for the perfect instagram, we wander across the dune face and down the trail for a bit of peace (and sandwiches).
Kaitlyn Bunting, Communications Coordinator
Last summer one of my best friends came to visit from New York. The weather had been rainy and freezing, but we were tired of being cooped up so we headed out to Pyramid Point. After booking it up the trail to get warm, we sat tucked into the dune, watching the sky change from gray to an ominous black. Huge raindrops and hail quickly made us question our choice, our conversation changing from Alaskan adventures to the current weather. After devouring every granola bar and all the hot coffee we’d brought, we raced back down the trail, laughing and shrieking all the way to the car like we used to when we were kids.
Sharing these magical places with my friends and family reminds me of how lucky we are to live here.
Hopefully this series inspires you to enjoy the public land and water we have in northern Michigan, and return to old favorites or check out somewhere new!
Sarah Bearup-Neal is the Glen Arbor Arts Center’s Communications/Gallery Manager. She graduated from Michigan State University in 1978 with a BFA in Studio Art and has maintained an active studio practice focused on fiber art since 1999. Sarah lives in Benzie County.
Each year, the Glen Arbor Arts Center mounts a “New Views” exhibition in which we identify an issue of local and regional concern, and dig into it. This year we focused on water. Exhibitors were asked to look deeply at their relationship with the water around us, and create a work of 2D or 3D art that expressed a new view of that relationship. The exhibition “New Views: Water = Life = Art” showcased the work of 25 painters, sculptors, photographers, printmakers, and mixed media practitioners from June 1–August 4.
The GAAC’s “New Views: Water” show also offered four different companion programs that explored the exhibition’s theme from the platforms of the visual and performing arts, literature, poetry, and science; through panel discussion (FLOW Founder Jim Olson was one of three water activists who sat on this July 15 panel); question and answer sessions; and lectures. Each of the programs provided a different way into the subject, and made it possible for a wider array of people to partake of the exhibition.
It is one of the great delivered truths that the arts “matter”; that they elevate – almost through osmosis – the human spirit. But the one thing the arts do really well – and for which they are not often credited – is to provide us with powerful tools for looking at difficult issues. The arts allow us to consider even the most spirit-crushing realities in ways that pure fact cannot. Data have their place, but they are by no means unfailingly persuasive. To whit: Picasso’s Guernica. This mural-sized oil painting was created in response to the bombing of a Basque country village in Northern Spain by the Nazis and Italian Fascists at the request of the ruling Spanish Nationalists. Upon completion in 1937, Guernica was exhibited at the World’s Fair in Paris, and then at other world venues. The touring exhibition was used to raise funds for Spanish war relief, and focused the world’s attention on the Spanish Civil War.
Guernica mobilized the world in a way that data could not. Picasso synthesized the horror and gave it new, albeit fully recognizable, form. Viewers didn’t require the photographic realism of blood, guts, and dismemberment that follow a days-long bombing campaign to persuade them of its depravity. Instead, Picasso depicted the bombing through painted, abstracted figures of splayed cows and villagers, and left no doubt about what happened. Without watering down the facts, Picasso provided the viewer a way to begin to consider this shattering violence. This is the essence of the arts: They’re like a raft on top of which one lies and floats around the sometimes-challenging waters of ideas and events. The arts don’t provide operating instructions. Instead, the arts engage — the senses, the body and the mind — and make the world palpable. And this felt feeling may spur thinking, engagement, and even action.
Tacit and central to the GAAC’s “New Views: Water” exhibition is the fact that everyone in Glen Arbor has a relationship with the local lakes and rivers. These waters are definitive natural features, and form the community’s sense of self. That collective affection and relationship brings people to the gallery to view the exhibition. We use the artwork as a springboard to launch related discussions, to shift the focus to other aspects that are less pleasing, but no less a part of the water that is our world up here: about the conflict between a healthy lake and green, riparian lawns; about Line 5 leaking 200 miles north of Glen Arbor; and why bottled water is a violation of the public trust. The arts create ways to connect dots; but more than that, the arts are pack mules, capable of doing the heavy intellectual and emotional lifting that is change making.
Anyone who visits Traverse City can easily see how important freshwater is to this region. The iconic Grand Traverse Bay, numerous inland lakes and the Boardman River winding through downtown make freshwater an essential part of Traverse City’s landscape and culture. Our unique freshwater resources provide remarkable recreational opportunities that bring thousands of visitors to the shores of Traverse City every summer. One of the major benefits from our freshwater that often goes unnoticed, is its use as tap water in our everyday lives.
Even as a longtime resident who is very passionate about water, I had to ask myself, do I know where the water from my tap comes from? Well, if you live in the city limits of Traverse City, the answer is the Grand Traverse East Bay (“East Bay”). Traverse City pumps an average of 5.19 million gallons a day from East Bay to supply the growing demand for freshwater. This freshwater is taken out of East Bay through a steel and wood crib that sits about 40 feet below the water surface off the Old Mission Peninsula. The water is pumped to the City’s water treatment plant, then distributed through roughly 120 miles of pipes to serve an ever-growing customer base of approximately 40,000 people.
Planning the Future
Given East Bay’s significant role as the source of Traverse City’s tap water, it is important for us as a community to become engaged in planning for the future of East Bay and the surrounding Grand Traverse watershed.
This is no small task. The Grand Traverse watershed is approximately 976 square miles, covering portions of Grand Traverse, Leelanau, Antrim, and Kalkaska counties, including 132 miles of shoreline. However, as vast as those numbers might seem, it is imperative that we understand and manage our freshwater at the watershed level to properly care for East Bay and the source of our tap water. A Watershed is defined as an area of land that drains all the streams and rainfall into a common outlet.Watershed protection is critical to the long-term health of East Bay because the majority of East Bay’s water comes from tributaries throughout the watershed, including 180 billion gallons of water per year from the Elk Rapids Chain of Lakes.
Fortunately, The Watershed Center Grand Traverse Bay and other organizations in the Northern Michigan area implemented a Grand Traverse Bay Watershed Protection plan in 2003. The Protection Plan sets six broad goals that range from protecting the integrity of aquatic and terrestrial ecosystems within the watershed to improving the quality of water resources within Grand Traverse Bay and its watershed. In addition, the 2003 Watershed Protection Plan has resulted in more than $7 million worth of watershed management projects, and has “prevented more than 16,230 tons of sediment, 9300 lbs. of phosphorous and 14,940 lbs. of nitrogen from entering the Grand Traverse Bay and its watershed.”
What Can You Do?
This community-driven Watershed Protection Plan plays a crucial role in our management of East Bay, helping protect against issues such as invasive species, storm water run-off, and wetland protection. The Watershed Protection Plan from 2003 is currently being updated with citizen input by the Watershed Center. Although the Watershed Center’s community meetings regarding the new protection plan have already occurred, the Watershed Center is still accepting public input until July 31st through a public survey.
Julius Moss, Legal Intern
I encourage everyone to take a few minutes this weekend, reflect on the importance of water in our area, and share your ideas and concerns with the Watershed Center. We are fortunate to have an abundance of freshwater around us, we must continue to protect our valuable resource and together as a community prepare for the future of East Bay, the Grand Traverse Watershed, and our tap water.
After more than 30 years of working on environmental policy, I moved to within a few hundred feet of one of the Great Lakes. Given the opportunity to stroll along the shore as often as I wanted, I suddenly realized I didn’t know what I could legally do when the water’s edge traversed private property. I only knew the courts had been taking up disputes regarding this issue.
One local I consulted said you could walk the first 10 feet of the beach. Another said you had to keep one foot in the water at all times. I knew I couldn’t assume anything.
Fortunately, Jim Olson was available.
FLOW’s founder and president is one of the nation’s leading authorities on the public trust doctrine, the tenet of common law that holds that our Great Lakes, their submerged lands and their shores are publicly owned — and that government has a responsibility to act as our trustee to protect them.
Jim has set forth the state of that doctrine as it applies to Michigan’s Great Lakes shores. Simply put, the Michigan Supreme Court has upheld the right of the public to traverse the beach up to the ordinary high water mark. No private property owner can exclude the public from that strip of public land.
Dave Dempsey, FLOW Senior Advisor
With that access comes responsibility. Not just the respect for our great waters and shores that should always apply, but also respect for shoreline private property owners. Shoreline access is not a license to litter, make noise, or otherwise disrupt the private property owner’s enjoyment of his or her rights.
With that knowledge, I have trod the shores of the Great Lake I live near, savoring the sounds of swishing water and the panorama of sky and inland sea. It’s a sacred gift. And the public trust doctrine protects it.