Photo: Groundwater helps recharge the Great Lakes, and is the source of drinking water for 45% of Michigan residents. Credit: José Manuel Suárez, CC BY 2.0, via Wikimedia Commons.
Editor’s note: Register today for FLOW’s March 21 groundwater webinar, “The Case for a Statewide Septic Code: Michigan Must Inspect Septic Systems to Protect Fresh Water.”
It’s not easy to be aware of something you can’t see. But that’s precisely the challenge from March 5 to 11, National Groundwater Awareness Week.
FLOW is working to inform Michiganders about the critical importance of protecting the state’s groundwater resources. FLOW’s articles, reports, webinars, story map, and podcasts emphasize that while groundwater is out of sight, Michigan’s residents, communities, businesses, organizations, and government cannot afford to let it slip out of mind.
The first step to take toward greater groundwater awareness is to understand it. Groundwater is not an underground lake. It is present beneath Earth’s surface in rock and soil pore spaces and in the fractures of rock formations. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. Groundwater is recharged by rain and snow melt that percolates downward from the soil surface.
Approximately 25% of the volume of the Great Lakes originates from groundwater.
Michigan depends on groundwater as a source of drinking water for more than 4 million people. Here are key points we continue to bring forward as part of our groundwater program:
Michigan depends on groundwater as a source of drinking water for more than 4 million people, relying on more than 1 million private wells.
There are an estimated 24,000 contamination sites in Michigan, most involving groundwater pollution. One site alone has contaminated 13 trillion gallons of groundwater.
Approximately 25% of the volume of the Great Lakes originates from groundwater.
Groundwater is important to agriculture for irrigation and for industrial processes.FLOW has worked to inform Michiganders about the critical importance of protecting the state’s groundwater resources. Our articles, reports, webinars, story map, and podcasts have stressed that while groundwater is out of sight, we cannot afford to let it slip out of mind.
Michigan is the only state that does not have a law protecting groundwater (and surface water) from failing septic systems.
Michigan lacks key data on the volume, location and movement of groundwater.
Groundwater is in short supply in some areas of the state.
Groundwater is the main source of drinking water for one-third of people living in the United States and 45% of Michigan’s population, which relies more than 1 million private wells.
Michigan depends on groundwater as a source of drinking water for more than 4 million people, relying on more than 1 million private wells.
FLOW’s groundwater policy recommendations include increased funding of groundwater data collection and analysis, a law regulating septic systems, bans on chemicals that frequently contaminate groundwater, monies to enable well owners to get tests on the quality of their water, and funding for cleanup of groundwater contamination.
A state that prides itself as a water wonderland can do better. And it must, for the health of Michigan residents and our future prosperity. Only awareness can make that happen.
Photo: A harmful algae bloom causing a dead zone in Lake Erie primarily due to excess agricultural nutrient pollution.
Editor’s note: Members of the media can reach Zach Welcker, FLOW Legal Director, atZach@flowforwater.orgor (231) 944-1568.
Lansing, MI – Eleven environmental groups, including FLOW (For Love of Water) late last week filed an amicus or “friend of the court” brief asking the Michigan Supreme Court to reverse a state appellate court ruling that wrongly locks into place a failing Clean Water Act permit for industrial livestock operations that are polluting Michigan’s waters with E. coli and contributing to toxic algal blooms.
The Michigan Supreme Court is poised to decide whether to take the case of the Michigan Farm Bureau v. Michigan Department of Environment, Great Lakes, and Energy (EGLE) where the state Court of Appeals erroneously interpreted the Michigan Administrative Procedure Act. That ruling, if left unchanged, effectively wipes out two landmark environmental laws that embody the Michigan Constitution’s explicit directive to protect the State’s natural resources, which are “of paramount public concern.”
“Lake Erie turns green every summer due to algal blooms caused by CAFOs. The Court of Appeals decision prevents EGLE from doing anything to fix the problem. Our amicus brief asks the Supreme Court to restore EGLE’s permitting power to make Lake Erie swimmable and fishable again. The Michigan Constitution and Michigan’s environmental laws demand this result,” Zach Welcker, Legal Director, For Love of Water (FLOW).
The dispute involves the Clean Water Act permit for concentrated animal feeding operations (CAFOs), which confine thousands––sometimes hundreds of thousands––of animals in a relatively small space. As a result, they generate far more manure and other waste than they can safely dispose of. A single large CAFO annually produces one and a half times more untreated waste than the human sanitary waste produced by the cities of Ann Arbor, Dearborn, Detroit, Flint, Grand Rapids, Kalamazoo, Lansing, Saginaw, Traverse City, and Warren combined. When not properly regulated, CAFOs cause pollution by inundating Michigan’s waters with excess nutrients (nitrogen and phosphorus), pharmaceuticals, E. coli, and other pathogens.
“The Court of Appeals ruling is wrong on the law and dangerous for clean water in Michigan,” said Rob Michaels, Senior Attorney at the Environmental Law & Policy Center, one of the groups represented in the amicus brief. “The stakes couldn’t be higher. If left standing, this ruling will handcuff EGLE from issuing clean water permits that are strong enough to protect Michigan waters from the growing dangers of CAFO pollution. The Court of Appeals ruling also imperils EGLE’s ability to issue adequate permits for other types of polluters. It turns Michigan law upside down and halts environmental protection in its tracks.”
In effect, the appellate court ruling says EGLE permits cannot contain new measures that weren’t specifically listed in the original rules when a permitting program was established. Instead, the agency has to create a new rule. But EGLE no longer has the authority to issue new rules, so this court decision freezes the agency’s current CAFO permit in place. Importantly, that permit was first issued in 2005 when the number of such industrial agricultural farms was much smaller, and the science linking CAFOs with water pollution was less well understood. EGLE’s own staff admitted the existing permit is failing to protect Michigan’s waters.
The non-profits signed on to the amicus brief are: Alliance for the Great Lakes, Environmental Law & Policy Center, Environmentally Concerned Citizens of South Central Michigan, Food & Water Watch, Freshwater Future, For Love of Water, Michigan Environmental Council, Michigan League of Conservation Voters, National Wildlife Federation, Sierra Club, and University of Detroit Mercy Law School’s Environmental Law Clinic.
Additional quotes from the above groups:
Tom Zimnicki, Agriculture and Restoration Policy Director, Alliance for the Great Lakes, said, “The Michigan Supreme Court’s ruling will be a precedent-setting decision with ramifications far beyond the 2020 CAFO General Permit. Michigan’s freshwater resources are an invaluable resource to Michigan residents and protecting them is vital for everyone in the Great Lakes Basin. If this decision stands, Michigan will be unable to adequately protect its waters for current and future generations. We urge the Michigan Supreme Court to overturn the erroneous lower court ruling.”
Tyler Lobdell, Staff Attorney, Food & Water Watch, said, “The Michigan Farm Bureau has long shown contempt for reasonable regulation of factory farms’ pervasive water pollution. This latest effort to undermine effective pollution oversight and upend environmental protection throughout the state is the latest chapter in that story. The Supreme Court must uphold EGLE’s ability to follow the science and protect Michigan waters from this dangerous industry.”
Zach Welcker, Legal Director, For Love of Water (FLOW), said, “Lake Erie turns green every summer due to algal blooms caused by CAFOs. The Court of Appeals decision prevents EGLE from doing anything to fix the problem. Our amicus brief asks the Supreme Court to restore EGLE’s permitting power to make Lake Erie swimmable and fishable again. The Michigan Constitution and Michigan’s environmental laws demand this result.”
Megan Tinsley, Water Policy Director, Michigan Environmental Council, said, “For too long, laws that are supposed to protect our water have given industrial agriculture a free pass and because of that, we continue to see industrial livestock operations spew manure and fecal waste into our drinking water, lakes, and rivers with no recourse. The 2020 CAFO permit was a good first step by our state decision-makers to start to hold these polluters accountable. The Court of Appeals decision was misguided and also removes one of the only tools our environmental regulators have to protect our water from CAFO waste. We urge the Michigan Supreme Court to overturn this order.”
Nick Occhipinti, State Government Affairs Director, Michigan League of Conservation Voters, said, “The Department of Environment Great Lakes and Energy (EGLE) is the State of Michigan’s lead agency in protecting our Great lakes, inland lakes, and streams from harmful industrial farm operations. This ruling directly blocks their ability to do that. We must uphold EGLE’s authority to protect our health, drinking water and water resources through enforcing permits.”
Marc Smith, Policy Director, National Wildlife Federation Great Lakes Regional, said, “Unfortunately, the Court ruling does not protect our drinking water, wildlife, communities, or our quality of life here in Michigan. We need stronger, not weaker, regulation of CAFO pollution. We call on the Michigan Supreme Court to overturn this decision and provide EGLE the authority to protect our drinking water and the entire Great Lakes from the spreading concern of CAFO pollution.”
Anne Woiwode, Chair of Michigan Chapter, Sierra Club, said, “For more than twenty years Michigan’s industrial agribusinesses have resisted every effort to require factory farms to be good corporate citizens that meet the same pollution standards as every other polluter. The industry’s efforts to undermine Michigan’s right to protect the health and well-being of our citizens and our right to clean water has to end now, and Sierra Club is proud to join with these partners to support EGLE in this case.”
When Americans think of environmental laws, they tend to think of standards that control the pollution released by businesses, industries, sewage plants, and incinerators. This puts the stewardship duty and cost on those who generate the pollution, and provides an economic incentive to reduce waste.
To an extent, taxpayers are subsidizing the private sector instead of requiring it to eliminate or sharply reduce the pollution that ends up in drinking water.
There’s a major exception, however, that relates directly to public health: The federal Safe Drinking Water Act regulates the members of the public being polluted, rather than holding the polluters themselves accountable. This is a backwards policy. Here’s how it works: To make sure the public is not exposed to unsafe levels of contaminants, the act requires operators of public drinking water treatment plants to meet standards for limits on chemical and conventional pollutants that others have generated. To an extent, taxpayers are subsidizing the private sector instead of requiring it to eliminate or sharply reduce the pollution that ends up in drinking water.
Upstream Concerns in Ann Arbor
A recent Bridge Magazine article told this tale through the example of Ann Arbor. The Southeast Michigan city, like many others, is constantly scrambling to address both imminent and long-term contaminants released upstream of its drinking water intake in the Huron River.
Brian Steglitz, Ann Arbor Area Public Services Administrator, is quoted as expressing the view that state and federal environmental agencies should identify pollution sources that affect public drinking water supplies and work to eliminate them, rather than imposing new duties on the drinking water suppliers. Steglitz admits federal action is unlikely: “Waiting for the EPA is just not going to be the solution any longer, because they’re just too slow,” he said.
The problem affects water supplies across Michigan. PFAS chemicals have been detected in public drinking water supplies, as has nitrate, according to the state’s 2021 drinking water violations report.
Another approach would be to assess the costs of treating drinking water on those who created it.
Farm Runoff in Des Moines, Iowa
Another approach would be to assess the costs of treating drinking water on those who created it. Des Moines, Iowa, tried that. The city is forced to pay for treatment of its drinking water sources to remove nitrate pollution that largely comes from upstream agriculture. Nitrate is linked with colorectal cancer, thyroid disease, and neural tube defects as well as methemoglobinemia in young children. Running a special nitrate cleaning facility can cost the public $10,000 a day.
In 2015, Des Moines Water Works sued upstream counties to reduce manure and fertilizer runoff into the city’s drinking water supply. But a court tossed the lawsuit, saying the question was more appropriate for the Iowa legislature.
With water priorities high on the current legislative agenda, now is the time for our public drinking water suppliers to put the costs back on the upstream polluters—where it belongs.
Prevention Is Best
“The whole thing would be a lot cheaper,” Bonnifer Ballard, executive director of the Michigan Section of the American Water Works Association, “if we just protected our source of water to begin with.”
Michigan is not Iowa. With water priorities high on the current legislative agenda, now is the time for our public drinking water suppliers to put the costs back on the upstream polluters—where it belongs. “The whole thing would be a lot cheaper,” Bonnifer Ballard, executive director of the Michigan Section of the American Water Works Association, “if we just protected our source of water to begin with.”
Editor’s note: The following is a press statement from Zach Welcker, Legal Director of FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City, Michigan, in response to a federal district court’s certification on Tuesday of questions for interlocutory review by the U.S. Court of Appeals for the Sixth Circuit. The decision comes in the case of Nessel v. Enbridge, filed by Michigan Attorney General Dana Nessel on June 27, 2019, in the Michigan Circuit Court for the County of Ingham, to shut down the Line 5 oil pipelines in the Great Lakes. Members of the media can reach Zach Welcker, FLOW Legal Director, atZach@flowforwater.orgor by cell at 231.620.7911.
“This is a welcome development in Attorney General Dana Nessel’s effort to return to state court her state-law claims seeking the shutdown of Enbridge’s dual oil pipelines on state-owned bottomlands in the Straits of Mackinac. FLOW credits her petition for mandamus—filed just two business days before the certification order—for prompting the federal district court to finally take action on a motion that the Attorney General filed more than five months ago.
“Although the district court’s order does not guarantee that the Sixth Circuit will agree to resolve the certified questions, we are hopeful that the Court will recognize that interlocutory review is necessary to protect the fundamental state rights that are undermined by the district court’s erroneous procedural and jurisdictional rulings.
“The Attorney General’s extraordinary efforts to obtain appellate review before the right is available via direct appeal is a testament to her commitment to protect the Great Lakes—and our public rights to use and enjoy them—from being impaired by Enbridge, the same company that is responsible for the Kalamazoo River oil-spill disaster,” said FLOW Legal Director Zach Welcker
“The Attorney General’s extraordinary efforts to obtain appellate review before the right is available via direct appeal is a testament to her commitment to protect the Great Lakes—and our public rights to use and enjoy them—from being impaired by Enbridge, the same company that is responsible for the Kalamazoo River oil-spill disaster.”
A Great Lakes water use report recently released by the Great Lakes Commission provides an important snapshot of the kinds and volumes of water withdrawals in the region.
Annual Report of the Great Lakes Regional Water Use Database – 2021 data-Jan 2023
The report found that an average 37.5 billion gallons of water per day were withdrawn from the Great Lakes Basin in 2021. Most of this water (71%) was utilized for cooling of power plants. The next highest use was 14% for public water supply. The primary source for both of these two categories is Great Lakes surface water.
The report found that an average 37.5 billion gallons of water per day were withdrawn from the Great Lakes Basin in 2021. Most of this water (71%) was utilized for cooling of power plants.
The report included water use data from eight Great Lakes-St. Lawrence River states (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin), and two Canadian provinces (Ontario and Quebec).
Water use was presented from three sources; Great Lakes surface water, other surface water (rivers and lakes), and groundwater. Levels in the Great Lakes have ranged from an all-time low to all-time high over the past decade. Our societal usage of Great Lakes surface water has negligible effect on their levels. Levels in the Great Lakes are primarily influenced by precipitation and evaporation.
Water use was presented from three sources; Great Lakes surface water, other surface water (rivers and lakes), and groundwater.
Groundwater levels have been dropping in some parts of Michigan in recent decadesdue to overuse. Groundwater was only about 3% of total basin water use. Groundwater withdrawals occurred mostly in three categories: public water supply (41%), industrial (26%), and irrigation (23%). Of these three, irrigation had by far the highest consumptive use (88%) of total use, whereas public water supply and industrial consumptive use comprised just over 10% of total use. Consumptive use refers to the portion of the water withdrawn or withheld from the basin that is lost, or otherwise not returned, to the basin due to evaporation, incorporation into products, or other processes.
Groundwater levels have been dropping in some parts of Michigan in recent decadesdue to overuse.
Ontario has the largest land area in the basin, and the largest total withdrawal of the 10 jurisdictions. Michigan has the second largest land area but has the largest groundwater withdrawal volume of all states and provinces, 44% of the total. In Michigan, 39% of all groundwater withdrawal is for irrigation.
There are areas in Michigan, like Ottawa County, where groundwater demands exceed sustainable groundwater supply. In Southwest Michigan, the acreage irrigated for agricutlure has increased over the past decade. As we start to use more groundwater in Michigan, care should be taken to improve monitoring and reporting of groundwater levels, along with groundwater usage, on an annual basis.
There are areas in Michigan, like Ottawa County, where groundwater demands exceed sustainable groundwater supply.
The state legislature has recently approved funding for some of this work. The funding provides an educational program to increase agricultural water use efficiency. In addition, a database is being created to help with hydrogeologic data collection and modeling and increasing the availability of existing data in a common format. In 2022, the Michigan Groundwater Table convened by FLOW unanimously approved and encouraged the legislature to embrace these recommendations.
About the Author: Bob Otwell, who has served on FLOW’s Board of Directors since 2013, is a hydrologist, civil engineer, and founder of Otwell Mawby engineering in Traverse City, Michigan.
Above: The cover of the State of the Great Lakes Report 2022 published by the Michigan Department of Environment, Great Lakes, and Energy’s Office of the Great Lakes.
Reading the two State of the Great Lakes reports published last year— one by the Canadian and U.S. governments and one by the Michigan Department of Environment, Great Lakes, and Energy’s Office of the Great Lakes—you are left with the impression of earnest, caring, scientifically grounded public servants working toward a globally significant success story.
It’s an accurate impression. Most public servants involved in Great Lakes restoration and protection care deeply about their mission. Stories tucked into the Michigan report about cleanup of toxic hotspots, improvements in Great Lakes literacy, and creation of an electric boat charging network are encouraging testimony that many people are mobilized to guard these shared waters.
It’s jarring to read that the overall condition of the Great Lakes is “fair and unchanging,”
It’s jarring, then, to read in the same reports that the overall condition of the Great Lakes is “fair and unchanging,” that only two of the lakes—Lake Superior and Lake Huron—are considered in good condition, Lake Michigan and Lake Ontario are in fair condition, and that Lake Erie in poor shape.
How can this be when so many human resources are being poured into Great Lakes rehabilitation each year?
That’s where governmental State of the Great Lakes reports fall down. It is not that governments don’t know what’s going wrong. They just won’t talk about it.
That’s where governmental State of the Great Lakes reports fall down. It is not that governments don’t know what’s going wrong. They just won’t talk about it.
An example is the Lake Erie classification. “Despite a productive walleye fishery, elevated nutrient concentrations and algal problems are persistent problems.”
Translation: Too much farm animal waste and fertilizer is washing into tributaries of western Lake Erie, fueling the algal blooms. Factory farms are the primary culprit.
Translation: Too much farm animal waste and fertilizer is washing into tributaries of western Lake Erie, fueling the algal blooms. Factory farms are the primary culprit.
Anyone close to Lake Erie work knows this. But putting this inconvenient fact in a State of the Great Lakes report will generate backlash. The farm lobby, on those rare occasions it admits to being part of the problem, says hundreds of millions of dollars in subsidies are needed to reward farmers to do the right thing.
What does it say about the economic model of agriculture today that it is bound to degrade our waters unless taxpayers shoulder the cost?
What does it say about the economic model of agriculture today that it is bound to degrade our waters unless taxpayers shoulder the cost?
This is exactly the kind of adult conversation that State of the Great Lakes reports should foster. Instead, due to political sensitivities, the casual reader is left perplexed.
Perhaps it’s time for citizens of the United States and Canada to publish their own State of the Great Lakes reports that speak truth to power.
If the governments won’t state frankly what is wrong and what needs to be done about it, perhaps it’s time for citizens of the United States and Canada to publish their own State of the Great Lakes reports that speak truth to power.
Photo: Liz Kirkwood is Executive Director of FLOW (For Love Of Water), the Great Lakes law and policy center based in Traverse City, Michigan. Reach her at liz@flowforwater.org.
Editor’s note: The following op-ed originally appeared Jan. 17, 2023, in Bridge Michigan.
Michigan is a water wonderland — think Great Lakes, 36,000 miles of rivers and streams, groundwater that supplies 45 percent of our state with drinking water, and more than 6 million acres of wetlands.
But these waters face a daunting array of challenges, everything from microplastics to toxic “forever chemicals,” inadequate infrastructure funding to the stresses of climate change. The impact on residents includes soaring water bills, water shutoffs and widespread concern about lead and chemical contamination.
In 2023, Michigan needs an inspiring vision for Michigan’s water. I urge Gov. Whitmer in her Jan. 25 State of the State message to declare 2023 the Year of Keeping Water Public and Protected for All in Michigan.
In 2023, Michigan needs an inspiring vision, championed from the highest places inside our government and out. In her State of the State message set for Jan. 25, Gov. Gretchen Whitmer has a chance to show the way by articulating bold proposals for Michigan’s water. I urge her to declare 2023 the Year of Keeping Water Public and Protected for All in Michigan.
Our water fares best when it remains in public control.
Privatization of water and sewer services elsewhere has led to inferior maintenance and higher costs to customers. Allowing private interests to commodify groundwater drains a vital public resource without benefit to the public. The future of our water is too important to leave to short-sighted, profit-seeking private interests.
Michigan should ban residential water shutoffs, impose royalties on water bottlers who take waters owned by the State of Michigan at practically no cost, and maintain public control on water services.
Here are a few steps Michigan must take to keep our water public and protected:
Secure Affordable Rates and Public Control
Water affordability and access: Water is essential to sanitation, health and life itself. No Michigander should be denied public water service because of inability to pay. Michigan should enact legislation to ban residential water shutoffs, fix the affordability crisis and address water injustices.
Public water legislation: The state should enact legislation imposing royalties on bottlers who commodify waters owned by the State of Michigan at practically no cost and reap extraordinary profit on the resale. The royalties should make up a clean water trust fund to serve Michigan residents and communities for dedicated public purposes, including ending water shutoffs and helping people whose wells are contaminated.
Keep municipal water utilities public: Michigan must draw a clear line against any plan to privatize public water services, which weakens local control and can ratchet up rates while maintenance lags.
Protect Drinking Water and Public Health
Michigan should dedicated more funds to the cleanup of toxic sites and prevention of groundwater contamination, develop new long-term funding sources for our water infrastructure, and require chemical manufacturers to demonstrate the safety of the chemicals before they can be authorized for sale.
We have made considerable progress in dealing with the kind of pollution the 1972 Clean Water Act targeted, but new threats continually emerge for which our laws are ill-prepared. The governor should call for actions to address not only these threats but also the mistakes of the past:
Groundwater: These vital but largely invisible waters are contaminated in over 15,000 localities. Another $50 million a year should be dedicated to the cleanup of toxic sites and prevention of groundwater contamination.
Climate resilience and water infrastructure funding: Climate change is putting unprecedented stress on already-faltering water systems. Despite a one-time infusion of federal funds last year, our water infrastructure faces a multi-billion dollar investment gap. We need long-term funding sources, and new water projects must be designed for an era of intensifying storms.
A new approach to chemical contamination: We can no longer deal with chemicals like PFAS one-by-one and after they have done environmental harm. Instead, the precautionary principle should be the foundation of our chemical policy, requiring chemical manufacturers to demonstrate the safety of the chemicals before they can be authorized for commerce.
Our actions now will define and shape the future of the Great Lakes. This future demands a new relationship with water, and recognizes, in the words of Jacques Cousteau, that “the water cycle and the life cycle are one.”
Imagine a future where we place water at the center of all decision-making. And imagine the profoundly positive impacts that result in energy choices, food systems, the transportation and housing sectors, urban development, manufacturing and more.
Safeguarding our Great Lakes is a deeply shared value and, keeping our water public and protected for all can help secure Michigan’s future.
Safeguarding our Great Lakes is a deeply shared value and, despite daily indications of bitter polarization in our politics, this important area of common ground bridges political divides. Prudently conceived and boldly implemented, keeping our water public and protected for all can help secure Michigan’s future.
Above: A burst of sunshine and Lake Michigan’s power at the shore in Frankfort, Michigan. (Photo/Kelly Thayer)
Michigan’s water bounty is vast—touching four of the five Great Lakes, more than 10,000 inland lakes, 36,000 river miles, 6 million acres of wetlands, and groundwater that is the drinking water source for more than 4 million Michiganders.
At FLOW, we envision a future where healthy waters sustain healthy communities in the Great Lakes Basin, and together with our supporters and partners, we are bringing that vision to life.
Such an abundant heritage requires protection from a host of threats, and creative thinking about opportunities to keep water public and protected. These, in turn, require vision. At FLOW, we envision a future where healthy waters sustain healthy communities in the Great Lakes Basin, and together with our supporters and partners in 2022, we are bringing that vision to life.
The clear waters of Great Sand Bay on Lake Superior north of Eagle River, Michigan, on the Keweenaw Peninsula. (Photo/Kelly Thayer)
The view Michiganders enjoy of expansive, seemingly infinite Great Lakes waters is mirrored in our work, which spans all of Michigan’s public waters and includes all beings who depend on them. FLOW protects the Great Lakes—and our public trust rights to access, swim, drink, fish, and navigate these magnificent fresh waters—from threats that include climate change and the Line 5 oil pipelines in the Straits of Mackinac, while strengthening protection of our vital groundwater and securing clean water for all.
FLOW protects the Great Lakes and our public trust rights, while strengthening protection of our vital groundwater and securing clean water for all.
In 2022, FLOW’s sustained efforts to ensure safe, clean, affordable, and public water for all resulted in measurable, immediate achievements, as well as in steps toward long-term goals. Here’s a summary of the impact, as well as hope for an even better 2023 in the fight to protect 20 percent of the planet’s fresh surface water and a way of life for all of us who depend on it for our well being.
Line 5: Preventing a Petroleum Disaster in the Great Lakes
The continued presence of Enbridge’s nearly 70-year-old Line 5 petroleum pipelines crossing in the Straits of Mackinac is a navigational hazard and a clear danger to the Great Lakes, communities, tribes, and businesses. The dented and decaying pipeline is owned and operated by Enbridge, the same Canadian corporation responsible for the 2010 spill of more than 1.2 million gallons of heavy tar sands oil into the Kalamazoo River watershed near Marshall, Michigan.
Line 5 shown in red runs from Superior, Wisc., to Sarnia, Ont., as part of Enbridge’s larger pipeline network in yellow running the Alberta, Canada, tar sands to Montreal.
The nearly 70-year-old Line 5 petroleum pipeline crossing in the Straits of Mackinac is a navigational hazard and a clear danger to the Great Lakes, communities, tribes, and businesses.
Acting on the public trust doctrine legal principles articulated by FLOW, Attorney General Nessel filed a lawsuit to shut down LIne 5 in 2019. In 2020, Governor Whitmer revoked and terminated the 1953 easement Enbridge relied upon to operate Line 5, while recognizing that alternatives to Line 5 exist for supplying oil and propane.
The State of Michigan and the public, however, must remain vigilant until the oil stops flowing for good because Enbridge is defying the shutdown order, and Line 5 remains exposed to exceptionally strong currents, lakebed scouring, new anchor and cable strikes, and corrosion. At the same time, Enbridge is seeking permission to locate a tunnel to carry the petroleum under the Straits, posing another set of unacceptable risks.
In 2022, to shut down Line 5 and stop the ill-advised oil tunnel, FLOW:
Spurred Public Engagement & Comment—Spurred, as a founding steering committee member of Oil & Water Don’t Mix, vigorous public engagement and public comment last fall as part of the U.S. Army Corps of Engineers review of the proposed oil tunnel; and FLOW also prepared final comments submitted to the federal agency on October 14.
Hosted a Line 5 Livestream—Co-hosted, in partnership with Oil & Water Don’t Mix and the Bay Mills Indian Community, a July livestream event on the status of the Line 5 struggle that drew nearly 600 registrants and reached thousands more people through social media and our e-newsletter.
Groundwater: Strengthening Protection of Our Sixth Great Lake
FLOW’s 2022 report—Building Consensus: Securing Protection of Michigan’s Groundwater.
The volume of groundwater in the Great Lakes Basin is comparable to the volume of Lake Huron—in essence, it’s the sixth Great Lake. Groundwater supports industry and agriculture, recharges our streams and the Great Lakes, and provides drinking water to millions of people.
But because it is out of sight, and therefore often out of mind, groundwater is the least protected arc of that cycle. Limited protections and underinvestment in monitoring have allowed contamination to plague groundwater in tens of thousands of locations in Michigan. Since 2018, FLOW has advanced groundwater as a top priority, bringing new attention and momentum to its stewardship.
One of the biggest threats to Michigan’s groundwater is 130,000 failing septic systems. They pollute groundwater with pathogens and household toxic materials, yet Michigan is the only state lacking statewide requirements for inspection, maintenance, and replacement of failing septic systems. FLOW and our partners are striving to remedy that unacceptable fact.
In 2022, to protect groundwater, FLOW helped lead the way with these actions:
Helped Pass a Countywide Septic Ordinance—Helped in August to persuade the Leelanau County Board of Commissioners, in northwest Michigan, to enact a countywide ordinance preventing and defending against septic system pollution of groundwater.
Published a New Groundwater Report—Released in June, as the culmination of 15 months of work, our report, Building Consensus: Securing Protection of Michigan’s Groundwater, and accompanying story map. The report expresses the consensus of multiple stakeholders critical to the state policy process that the state must do more to gather and analyze data fostering an understanding of the condition of groundwater. Key recommendations from the report have helped to form FLOW’s 2023 groundwater policy agenda.
Hosted a Groundwater Livestream—Hosted a livestreamin March featuring FLOW staff and five partners, including State Rep. Padma Kuppa and experts on groundwater from academia, the scientific community, and the state. In all, 180 people registered for the event, which offered perspectives on the critical importance of our groundwater resources and the work of the Michigan Groundwater Table convened by FLOW.
Collaborated on a World Water Day Resolution—Worked with Rep. Kuppa on a World Water Day resolution that was adopted by Michigan’s State House of Representatives.
Guided Water Infrastructure Funding—Engaged last spring with national, regional, state, and local partners, to determine the most impactful policy interventions to ensure the equitable distribution of state and federal funds for water infrastructure, including a $35 million appropriation to help address failing septic systems.
Clean Water for All: Keeping Water Public and Protected
Access to clean water for all is a human right and even more vital during emergencies including the COVID-19 pandemic, climate crisis, household water shutoffs in Detroit and elsewhere, and the Flint lead-tainted water crisis. The cost of inaction and the failure to fund public water infrastructure continues to result in water insecurity, flooding, pollution, and costly patchwork repair.
Access to clean water for all is a human right and even more vital during emergencies including the COVID-19 pandemic, climate crisis, household water shutoffs in Detroit and elsewhere, and the Flint lead-tainted water crisis.
In 2022, to ensure equitable funding for public water systems and to prioritize water access and affordability, FLOW:
Helped Advance Public Water, Public Justice in New York—Worked with New York State lawmakers in support of the newly introduced Public Water Justice Act, based on FLOW’s groundbreaking 2018 model legislation to extend public trust protection to groundwater, establish a royalty and public justice trust fund from bottled water companies, and pay for water infrastructure priorities.
Supported Equity in Water Infrastructure Funding—Engaged statewide with Michigan lawmakers and the Whitmer administration on legislative and other proposals to equitably distribute an historic, short-term increase in federal funds for water infrastructure.
Participated in an Environmental Justice Livestream—Presented at an Environmental Justice livestream event hosted by the Great Lakes and St. Lawrence Cities Initiative in March.
Celebrated the 50th Anniversary of the Clean Water Act—Published original insights and perspectives throughout the year about keeping water protected and in public hands, including a series of articles in October on the 50th anniversary of the Clean Water Act and its importance, and asked in November, What Do the Election Results Mean for the Great Lakes State?
Hosted a Livestream with Maude Barlow—Hosted a livestream event in June with lifelong and world-renowned champion of water, Maude Barlow, who has written a memoir built on her career of activism. Its title, appropriately, is Still Hopeful: Lessons from a Lifetime of Activism. In the book, Barlow vividly details her work on many issues, perhaps most importantly her successful advocacy of water as a human right.
In March, FLOW supported the introduction of three related public trust bills on groundwater, bottled water, and natural resources.
Supported Public Trust Bills in Michigan—Supported in March the introduction of three related public trust bills to expand public trust protections to groundwater, end the bottled water loophole of the Great Lakes Compact in Michigan, and direct the Michigan Department of Natural Resources to be strong public trustee stewards.
Collaborated on a Public Trust Resolution—Worked with state lawmakers to declare water as a public trust in a World Water Day resolution.
Upheld the Human Right to Water & Sanitation—Continued our efforts to build upon the successful passage of the Human Right to Water and Sanitation Resolution in Traverse City. Promoted statewide and regional engagement on this resolution work with We the People, Michigan Municipal League (MML), Southeast Michigan Council of Governments (SEMCOG), and the Great Lakes and St. Lawrence Cities Initiative.
Drafted a Model Ordinance on Green Infrastructure—Drafted a model green infrastructure ordinance that would require municipalities to evaluate the economic and environmental effectiveness of green infrastructure alternatives—assisted by MML, SEMCOG, and City of Grand Rapids.
Advanced Green Infrastructure in Communities—Continued to work with Traverse City and Marquette on advancing green infrastructure as part of their new master plans to benefit the environment and save taxpayer dollars.
FLOW’s Commitment: Lifting Up Young Leaders on Water Protection
FLOW Executive Director Liz Kirkwood
Too often we hear that members of Generation Z, those born between 1997-2012, mistrust government, worry about the future of democracies, and feel overwhelmed by the weighty burden of climate change they are inheriting. But from the depths rise the leaders of tomorrow—our beacon of hope.
“Protecting our precious waters is a multigenerational mission,” said FLOW Executive Director Liz Kirkwood.
“Protecting our precious waters is a multigenerational mission,” said FLOW Executive Director Liz Kirkwood. “We put that mission into practice not only by pursuing solutions to water problems that will pay off for generations to come, but also by engaging young people who will carry forward the work as part of a rising generation.”
In 2022, to lift up the youth water movement, FLOW was proud to engage with:
Lucy Jones enjoys a Lake Michigan sunset.
Water&—Bebe Schaefer and Rachel Roberts, two students at American University in Washington, D.C., recently launched the nonprofit organization Water&, on a “constant journey of collective action.” We at FLOW were thrilled to join hands with Water& and other young adult-led organizations in the Great Lakes Basin, and in our nation’s capital, to expand hope and leadership in the protection of our public waters.
Mackenzie Joseph—Our highly productive summer 2022 Milliken Intern for Communications was Mackenzie Joseph, a native of Johnstown, Ohio, and rising senior at Ohio University in Athens, who is majoring in Communication Studies with minors in History, English, Writing, and Political Communication.
Mary Basso and Irene Namae—Our ambitious and talented summer 2022 Milliken Interns for Law and Policy were Mary Basso and Irene Namae. Irene was born in Uganda; after finishing a Bachelor of Law there from Makerere University, she served as a magistrate judge. She currently is pursuing her PhD in law at the University of Arizona, focusing on Indigenous Peoples Law and Policy. Mary Basso is from Owosso, Michigan. After finishing a bachelor’s degree, Mary moved to Nashville, Tennessee, to study law at Vanderbilt University Law School.
Lucy Jones—When FLOW first wrote about Lucy Jones—the inspiring Traverse City teen who creates and sells jewelry to benefit the Great Lakes—last February, our supporters were moved by her environmental ethic and enterprising spirit. So we thought it was fitting to catch up with Lucy at year’s end with her holiday sales in full swing. FLOW thrives on these creative collaborations with teens and young adults—the Next Generation—who take action and lead the way to protect fresh water.
Looking to 2023: Abundant Opportunity to Protect Fresh Water for All
Now comes the next phase of the work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all. As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.
“Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it,” said FLOW Executive Director Liz Kirkwood.
“Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”
Above: Lucy Jones photographs stickers featuring her original designs for advertising on her Up North Jewelry website and social media. (All photos courtesy of Lucy Jones)
When FLOW first wrote about Lucy Jones—the inspiring Traverse City teen who creates and sells jewelry to benefit the Great Lakes—last February, our supporters were moved by her environmental ethic and enterprising spirit. So we thought it was fitting to catch up with Lucy at year’s end with her holiday sales in full swing.
Lucy, a ninth grader turning 15 later this month, donates a portion of proceeds from sales of her beaded bracelets, waterproof stickers, and other items to FLOW, which is working with you to keep the Great Lakes public and protected for all. She markets her wares at venues primarily in Traverse City, as well as online, with the slogan, “Protecting the Great Lakes Never Looked So Good.”
Up North Jewelry’s slogan: “Protecting the Great Lakes Never Looked So Good.”
Check out Lucy’s self-designed Up North Jewelry website, as well as her Facebook and Instagram, for all the offerings. Be sure to note that the last day to order in time for Christmas is December 15, and then after a break, Lucy will resume filling orders on December 22 for post-Christmas delivery.
FLOW thrives on these creative collaborations with teens and young adults—the Next Generation—who take action and lead the way to protect fresh water. We spoke recently with Lucy about her current activities and plans, her passion for the Great Lakes and other social issues, and her personal inspirations. She also offers some sage advice to people of all ages about diving creatively into social activism.
FLOW thrives on these creative collaborations with teens and young adults—the Next Generation—who take action and lead the way to protect fresh water.
FLOW: Please bring us up to date. What have you been up to lately with Up North Jewelry and in your life as a teenager and student?
The process of making earrings, one of Lucy Jones’ most popular items.
Lucy: Recently I have participated in two shows, one at Crooked Tree Art Center in Traverse City and one at the Starry Starry Night downtown sale in Grand Marais in the Upper Peninsula, selling my jewelry. My most popular items are my smiley face earrings and the wildflower bracelet set, though recently at shows people have enjoyed creating their own sets by combining different color bracelets. I also keep busy with piano, Key Club, debate class, tennis, photography, and downhill skiing.
FLOW: What’s happening during the holiday season, and what’s next?
Lucy: I always have my jewelry and stickers available online at my website. (Note: The last day to order in time for Christmas is December 15, and then after a break, Lucy will resume filling orders on December 22 for post-Christmas delivery). Along with that, I have three art show dates coming up at Right Brain Brewery in Traverse City, on January 7, February 11, and March 4. I have just started to make some new bracelets and hopefully begin to work on new stickers.
FLOW: What do you love about the Great Lakes?
Lucy: The Great Lakes are beautiful! I love to explore new trails and beaches near the Great Lakes. Every year my family goes to the Upper Peninsula to camp.
The Great Lakes are beautiful! I love to explore new trails and beaches near the Great Lakes.
Lucy Jones enjoys a Lake Michigan sunset.
This year I went to Marquette, and one of my favorite places was Presque Isle. Near this was the Black Rocks, which were so much fun to jump from into Lake Superior!
FLOW: What do you hear from customers and others about the Great Lakes?
Lucy: When I am talking to customers, family, and friends, many express worries about the Great Lakes. I hear “thank you” a lot, and many people tell me they know about FLOW. I also hear a lot of customers talking to me about Line 5 and their concerns about that. I definitely think that is my biggest concern right now is Line 5 leaking crude oil and natural gas liquids into Lake Michigan (which has several tributaries crossed by Enbridge’s nearly 70-year-old pipeline).
When I am talking to customers, many express worries about the Great Lakes. I hear “thank you” a lot, and many people tell me they know about FLOW. I also hear a lot of customers talking to me about Line 5 and their concerns about that.
Usually I am the youngest person at the event. I actually think it’s beneficial to me to learn from other people with more experience, and people are so helpful and welcoming.
FLOW: What do you enjoy about being an environmental entrepreneur? What’s hard about it?
I love setting things up at the booth, creating new stickers when I have time, engaging people through social media, and learning how to create a website. I’ve gained experience communicating with all types of people through my shows.
It can be stressful, though, when I need to create a lot of items before a show when I’m busy with school and clubs and sports.
My Grandmother is one of my big inspirations. She is a social activist, and since I was little, it has been instilled in me how important it is to protect the Great Lakes and our environment.
FLOW: Who inspires you to be active socially? And how did you learn about FLOW?
Lucy: My Grandmother is one of my big inspirations. She is a social activist, and since I was little, it has been instilled in me how important it is to protect the Great Lakes and our environment. When I was little, my grandmother would take me on walks, and I would hug the trees. This was not something that I had thought of on my own.
Living in Traverse City and being just a walk from the beach my entire life has created a love for the water and the Great Lakes. This motivated me to donate to an organization working to protect the lakes. My family also knew about FLOW before I did, and that awareness led me to choosing FLOW.
FLOW: What other causes are you passionate about? The colorful stickers you create speak to love, music, and even solidarity with Ukraine.
I am very passionate about many other causes, including reproductive rights, that everyone should be able to love whomever they want to love, and everyone should be seen as equal regardless of their age, sex, religion, or skin color. People like that I have an opinion even if they don’t agree.
Lucy: I am very passionate about many other causes. I have strong opinions on reproductive rights and that a woman should be able to choose what she does with her body. I believe that everyone should be able to love whomever they want to love, and everyone should be seen as equal regardless of their age, sex, religion, or skin color. I really like making a difference, even if it’s not a huge difference, and talking to people about their different views. People like that I have an opinion even if they don’t agree.
I’ve also have learned that the more that I do with these causes, the more interested I am and the more I want to learn about them. I have the basic background, but when I listen to the news, I am more interested in the latest information.
Bracelets by Lucy Jones set up for the recent Crooked Tree Art Center show in Traverse City.
FLOW: What’s your advice to other young people—and people of all ages—about making social change?
The advice I would give to anyone is to use your passion and skill to motivate you. If you are passionate enough about something, you can do great things with it.
Lucy: The advice I would give to anyone is to use your passion and skill to motivate you. If you are passionate enough about something, you can do great things with it. The combination of passion and skill is so powerful. Harriet Tubman said, “Every great dream begins with a dreamer. Always remember, you have within you the strength, the patience, and the passion to reach for the stars, to change the world.”
Editor’s note: FLOW invites other young leaders to send us their ideas for protecting the Great Lakes. Reach us at info@flowforwater.org.
Above: Appreciating the water cycle and all the many forms it takes, including snowflakes and rainbows over Lake Michigan. (Photo/Kelly Thayer)
By Dave Dempsey
Last month marked the end of my 40th year of environmental advocacy. Looking ahead to 2022 in 1982, I may have thought humans would have colonized the moon by now—or better yet, humans would have become such good stewards of the Earth that professional environmental advocates would be out of jobs.
Dave Dempsey, FLOW Senior Advisor
I never thought my career would span four decades, but now that it has, looking back—as well as forward—seems fitting. My lens has smudges and blind spots, so consider that as you read. Here are a few lessons of 40 years.
We need laws that consider the whole—and require reduction in pollution in air, water, and land from a single source. Or better yet, laws that prevent pollution in the first place.
Lessons Learned
As long as we regard the environment in pieces, we will not achieve a healthy and lush Earth. Perhaps in 1970 it made political sense to treat air, water, and land as separate spheres. But even then we knew—and it is ever clearer now—that we live in a world where all of these are connected. Laws that clean up industrial processes by sending hazardous wastes to landfills or incinerators merely transfer a problem to another medium. Said John Muir, the founder of the Sierra Club, “when we try to pick out anything by itself, we find it hitched to everything else in the Universe.”
We need laws that consider the whole—and require reduction in pollution in air, water, and land from a single source. Or better yet, laws that prevent pollution in the first place.
Our understanding of economic growth is childish, and clinging to it will delay or prevent the environmental recovery we must have. I’ve heard the tiresome refrain from business lobbyists since the day I began working at the Michigan Environmental Council in November 1982: “You can’t have a healthy economy and a healthy environment at the same time.” There was hope that this false dichotomy would change after the release of a United Nations report in 1987 that spoke for the first time of sustainable development: development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
We can no longer operate on the premise that constantly increasing Gross Domestic Product, in a world of exhaustible resources, is the goal of public policy and personal conduct.
But ask anyone on the street what “sustainable development” means, and you will mostly be met by puzzled faces. We can no longer operate on the premise that constantly increasing Gross Domestic Product, in a world of exhaustible resources, is the goal of public policy and personal conduct.
The people lead, and the leaders follow. It’s been said a multitude of times by a multitude of people—if you wait around for presidents, Congress, governors, state legislatures, or your local board of trustees to take the lead on environmental protection, your hair will turn gray before you get action. The Clean Air Act in 1970 and the Clean Water Act in 1972 did not happen because of enlightened, futuristic politicians—instead, those politicians were responding to public outrage about waters that were unsafe for swimming and air that was unsafe to breathe.
The business of making laws is not pretty, but it is always better when citizens are driving it and monitoring it.
The business of making laws is not pretty, but it is always better when citizens are driving it and monitoring it.
Future Generations
What about the future? Where should Michigan go now in light of these lessons?
Bold transformative changes are necessary to meet the interconnected challenges of water stewardship and climate change.
First, now is not the time for half measures or tweaking. Michigan has a rare opportunity in 2023 to show national leadership on the environment. That has not been true since the early 1980s, the last time that Democrats in Michigan—who often favor more environmental protections than state Republicans do—held the governor’s office and both chambers in the state legislature. We cannot keep tinkering with the old laws and making minor changes. Bold transformative changes are necessary to meet the interconnected challenges of water stewardship and climate change.
It is just plain wrong that Michigan has 25,000 groundwater contamination sites, rivers and streams don’t meet health and/or water quality standards, and scores of communities whose sewage or drinking water treatment systems are old and underfunded.
Second, clean water must get more than lip service. The public wants clean water, and the state’s residents must communicate that to Governor Whitmer and the legislature. These elected officials, in turn, have the responsibility to enact measures that provide the billions of dollars in state and federal funding needed to make the promise of Pure Michigan real. It is just plain wrong that Michigan has 25,000 groundwater contamination sites, hundreds of places where rivers and streams don’t meet health and/or water quality standards, and scores of communities whose sewage or drinking water treatment systems are old and underfunded.
On such issues as climate change, we have a duty to take decisive action to make the world habitable for our descendants.
Third, Michigan must think more often about its air, water, land and other resources through the lens of 2062 rather than 2022. Elected officials need a vision that goes beyond the next election cycle. This has happened before in Michigan. The forestry pioneers of the late 1800s and early 1900s took the millions of acres of land clearcut and abandoned by the lumber barons and shaped it into a 3.9 million acre state forest system. None of them lived to see their work come to full fruition. They cared about us. We must do the same for our descendants. On such issues as climate change, we have a duty to take decisive action to make their world habitable.
Will Michigan do this? I have my doubts. Forty years of cynicism are hard to shrug off. But the people of Michigan have shown leadership before, and we can do it again if we choose to do so. Our children and their children are counting on us.
