That ex-Govs. Bill Milliken and Jim Blanchard lack their former clout in Lansing is underscored as they and an outmanned, not-so-merry band of environmentalists buck a tide of powerful interests in the Legislature's latest debate on water laws.
Republican Milliken and Democrat Blanchard both signed laws in the 1970s and '80s that recognized the public trust in Michigan waters. Last week, they jointly voiced support of legislation passed by the Democrat-ruled House that extends the trust to groundwater -- commendably strengthening regulation of withdrawal for bottling.
The GOP-ruled Senate rejects this approach. Its version is supported by the Michigan Chamber of Commerce, Michigan United Conservation Clubs (MUCC) and the Michigan Farm Bureau. The latter said the House bill "erodes the private property rights of Michigan landowners, and opens the door for the state to weigh in on the reasonableness of a water use."
The former governors countered: "The public trust standard does not interfere with the reasonable use of our waters by Michigan businesses, farmers and citizens. In fact, it's quite the opposite. The public trust protects these reasonable uses against claims by outside under NAFTA, other trade agreements or federal laws that may be passed in the future."
In January, Milliken wrote lawmakers urging support of the public trust issue. While his pitch was hailed by such groups as the nonprofit Clean Water Action, it did not sway key Republicans in either chamber -- including two who have been leaders on some past natural resources protections.
Patty Birkholz of Saugatuck, who chairs the Senate Natural Resources and Environmental Affairs committee, and Howard Walker of Traverse City, ranking Republican on the similar committee in the House, called to take issue with my late May column touting the House version. Each subsequently published forums in the Traverse City Record-Eagle.
Birkholz says extending the public trust doctrine "is unnecessary and serves only to cloud the issue of water regulation." Walker says the House bill is unnecessarily tied to Michigan's adoption of the eight-state Great Lakes Water Resources Compact, and "will enact tremendously strict and scientifically unsound limits for individuals and businesses needing to use water."
Blanchard said that when he joined other governors in signing the Great Lakes Charter in 1985, "Michigan committed to protecting water as a 'public resource held in trust.'" -- referring to the Great Lakes Preservation Act he also signed that year.
Milliken said: "The state must be required to consider the public interest for any large withdrawals -- especially private taking of water for sale. Without protecting the public trust in our waters, Michigan's sovereign power to safeguard our vital interests against outside forces will be diminished."
What alerted me to the pitch by the two ex-guvs was a call from Joan Wolfe, a Grand Rapids driving force behind earlier environmental successes who now, at age 79 as a retiree in Frankfort, is among those grassroots activists in an uphill fight for the House version.
Wolfe, who in 1968 started the West Michigan Environmental Action Council and ran it until her 1970s reign as a Milliken appointee to the Natural Resources Commission, said the Senate bill "must be improved and the House stand firm."
Odds are against that happening this week -- when there could be a resolution -- unless there is more public support than has been evident. First priority of such stalwarts as the Michigan Environmental Council (MEC) and the National Wildlife Federation is on getting Michigan to approve the compact. It and Pennsylvania have yet to act.
Gov. Jennifer Granholm has not gone to the mat for the version passed by fellow Democrats in the House.
Too bad. As noted here in May, holding firm on water as a public trust, not a product, is a correct notion.
As author Dave Dempsey, former environmental aide for Blanchard and ex-MEC policy adviser who now advises Clean Water Action and others, asks:
"What is it about commercializing Michigan's water that is tempting Michigan lawmakers to cede control of the Lakes to outside interests who would treat, and sell, them as a product?"
George Weeks retired in 2006 after 22 years as political columnist for The Detroit News. His weekly Michigan Politics column is syndicated by Superior Features
Print this story
E-mail this story
