Journey to Our Nation's Capital--Testifying regarding the Environmental Effects of Water Bottling on Rural Communities

How many of us would have guessed that the Nestle/McCloud issue would make it to the Halls of Congress and be heard in our Nation’s Capital? Well, it did. The debate over the impacts of water bottling on groundwater and rural communities hit the national stage on December 12th 2007.

Richard McFarland, board member of the McCloud Watershed Council, his eleven-year-old son Japhy and myself traveled to Washington D.C. for the Domestic Policy Committee of the House Committee on Oversight and Government Reform hearing, "Assessing the Environmental Risks of the Water Bottling Industry's Extraction of Groundwater."

Chairman Dennis J. Kucinich, (D-OH) explained while there are many crucial issues of public interest regarding bottled water that the hearing would focus on the environmental issues presented when water bottling plants extract groundwater and spring water from water sources in rural areas.

Ranking Member Darrell E. Issa (R-CA) made opening statements putting bottled water in context of the more pressing issue; providing safe affordable drinking water, ensuring sustainable aquifers and guaranteeing healthy water for all.

Congresswoman Diane E. Watson (D-CA) acknowledged the magnitude of water problems including water pollution, climate change impacts on water supply, and the use of “ancient” waters with irreversible impacts.

While the bottling industry is not a large user of water, where water is sourced makes a big difference. Bottling plants that utilize municipal water supplies do not have the same impacts as bottlers using spring water, or groundwater adjacent to springs.

In his testimony Professor Noah D. Hall of Wayne State University Law School explained the Food and Drug Administration (FDA) definition of spring water encourages the pumping of ground and spring water in sensitive areas. FDA requires spring water to be collected directly from a spring or through a bore hole tapping the underground formation feeding the spring.

(No wonder, Dannon (now Coca Cola) ceased negotiations to purchase Mount Shasta City’s spring water soon after the court ruling that formed the FDA definition and chose instead to pump groundwater directly from their property above Big Springs at Mount Shasta City Park.)

Some 60% to 75 % of bottled water comes from headwaters regions. These are ecologically sensitive areas such that exporting even small amounts of this water can cause impacts such as increased temperatures and reduced stream flows.

In his testimony Professor David W. Hyndman’s, Department of Geological Sciences, Michigan State University, put it very succinctly—it is a one to one relationship; each gallon you pump from the ground takes a gallon away from surface flow in the stream.

Congressman Christopher Shays (R-CT) observed that we have a national market for susceptible resources.

Heidi Paul, Nestle Waters North America VP of Corporate Affairs clearly stated in response to a committee question that her company would cut back on water use if there were harms to the watershed.

Richard McFarland’s specific request for increased support of the United States Geological Survey (USGS) and the need for more and better data found consensus from the other witnesses. Everyone agreed that the USGS needs increased funding for hydrological science because the scientific information they produce is the foundation for decision-making.

Professor Hyndman stressed that not only must existing networks of gauges and stations be maintained but groundwater needs to be mapped and monitored, its connection to surface water understood and new mapping approaches that take into account climate change and land use change must also be integrated.

A curious exchange highlighted the need for independent science (and who would be more appropriate than USGS):

Chairman Kucinich showed a picture of Dead Stream in Michigan (stream adjacent to Nestle wells serving its Stanwood Michigan Plant) during a low flow period—its banks extensive mud flats. Ms. Heidi Paul explained that this was from natural causes—like beaver dams and natural sediment coming back from historic dredging activity—their science showing their pumping did not cause it. Ms. Terry Swier, President of Michigan Citizens for Water Conservation agreed it could be beavers but she didn’t think so. In the second panel Professor Hyndman stated clearly—it wasn’t beaver that caused it.

The committee plans to hold another hearing in the next few months. I’m crossing my fingers for USGS support for a Mount Shasta headwaters assessment.