Update, 11/15: Nestle argues for permit at hearing
REED CITY, MI -- A Ludington judge will hear oral arguments in a zoning dispute between the world's largest bottled water company and a mid-Michigan township.
Mason County 51st Circuit Court Judge Susan Sniegowski will hold a hearing in the case at the Osceola County courthouse in Reed City on Wednesday, Nov. 15 at 1:30 p.m., according to court clerks.
In August, Sniegowski was assigned the case between Nestle Waters North America and Osceola Township, which denied the bottled water company's special land use application to build a booster station along an existing water pipeline near Evart.
Judges in Osceola and Mecosta counties recused themselves from the case after Nestle appealed the zoning denial in court.
Each side submitted briefs in the case in September.
Nestle wants Sniegowski to overturn the Osceola Township Planning Commission's zoning denial in April for the booster station. The planning and zoning appeals boards decided the company's special land use application did not meet township zoning ordinance requirements, which Nestle disputes.
Nestle needs the booster station to help move extra water it might pump from a controversial well in Osceola Township, from which the company is seeking approval from state regulators to increase spring aquifer groundwater extraction.
The company bottles the water under the Ice Mountain brand.
The controversial application has generated significant opposition from the public and Michigan tribes, particularly in the wake of the drinking water crisis in Flint and water shut-offs in Detroit.
The Michigan Department of Environmental Quality says Nestle has until Nov. 3 to submit revised plans showing how increasing spring water extraction on the well to 400 gallons-per-minute would not harm local wetlands, lakes and streams.
That deadline has been extended twice this fall.
Under Michigan's "reasonable use" standard for groundwater extraction, property owners like Nestle can pump groundwater for free, subject to a nominal paperwork fee, as long as the extraction does not harm the environment or dry up neighboring wells.
Nestle claims the increased pumping won't harm the environment. Environmental groups disagree. Members of the Michigan Citizens for Water Conservation say they are preparing to challenge a DEQ permit approval in court if necessary.