Tag: data centers

Flow comments on the IJC’s draft report on Great Lakes diversions

Published on September 9th, 2025 by - Blog Posts

The Great Lakes are the lifeblood of North America, holding nearly one-fifth of the world’s surface freshwater and supplying drinking water to 40 million people. A new report from the International Joint Commission (IJC), its second Draft 10-Year Report on the Protection of the Waters of the Great Lakes, highlights progress as well as new and unprecedented threats—from climate change and groundwater overuse to Big Tech’s rapid expansion of data centers—and offers a series of recommendations for governments to act in concert.

Flow Water Advocates recently submitted public comments (PDF) on the IJC’s draft report and recommendations, urging stronger protections to protect this finite but globally significant freshwater reserve. Specifically, Flow urges the IJC and governments at all levels to:

  • Prioritize Indigenous leadership in decision-making.
  • Require transparency and accountability for large water users like data centers.
  • Strengthen groundwater science, management, and funding.
  • Activate and implement the public trust doctrine in Great Lakes governance.
  • Restore and expand funding for binational climate science.

Indigenous leadership in Great Lakes governance is essential: Flow commends the report for calling for Indigenous Nations to be recognized as rights holders, not stakeholders. Active indigenous participation, coupled with their knowledge of laws, treaties, and traditional ecological knowledge (TEK), is critical to ensuring the waters are managed with respect for tribal sovereignty and long-term stewardship of these shared waters.

Data centers pose growing risks to our water, energy, land, and climate: The explosion of data centers to power artificial intelligence and cloud computing is transforming the Midwest into “ground zero” for new construction. But this growth comes with steep costs:

  • A single hyperscale data center can use 1–5 million gallons of water per day—equivalent to a town of 10,000–50,000 people.
  • U.S. data centers already use 17 billion gallons of water annually, a number expected to double or quadruple.
  • Most Great Lakes states provide tax breaks to data centers, but do not require water conservation measures.

Even more concerning, water use often goes unreported when centers connect to municipal systems. This loophole leaves policymakers blind to cumulative water impacts. Flow urges governments to require full disclosure of water, energy, and climate impacts before new data centers are sited—and to close gaps in water use reporting.

The Public Trust Doctrine provides a vital legal backstop: While the Great Lakes Compact and related agreements provide important protections, they are not sufficient to address emerging threats like climate volatility and water-thirsty industrial expansion. The public trust doctrine, rooted in centuries of law, affirms that governments hold waters in trust for the benefit of the public. Flow urges the IJC and Great Lakes governments to integrate this legal principle into decision-making by:

  • Requiring findings on cumulative impacts before approving major withdrawals.
  • Ensuring no privatization or commodification of Great Lakes waters.
  • Applying public trust protections to groundwater as well as surface waters.

This doctrine provides a durable backstop to prevent harm, overuse, and privatization before it happens, and holds governments accountable for protecting the water as a commons for current and future generations.

Climate change is already here and continues to accelerate in the Great Lakes: The Lakes are experiencing climate volatility at a faster pace than anticipated: water levels that swing dramatically, ice cover disappearing, droughts increasing, and harmful algal blooms spreading. Extreme weather events have already doubled since the 1990s. And yet, funding for the science the public and policymakers rely on—like NOAA’s Great Lakes research programs—is under threat. To prepare, Flow urges the IJC and the governments to continue to invest in robust science, climate modeling, and groundwater mapping, while ensuring that preparedness planning integrates both traditional ecological knowledge and Western science.

The Great Lakes are at a crossroads. Expanding data centers, intensifying climate extremes, and groundwater stress all converge on a finite resource that 40 million people depend on. Flow’s comments recommend that the IJC and governments act decisively by elevating Indigenous leadership, requiring transparency from Big Tech and other large water users, embedding public trust principles into governance, and investing in the science needed to anticipate and manage climate change risks and impacts. The choices made in this decade will reverberate for generations. In short, by embracing planning, precaution, and shared stewardship, we can ensure the Great Lakes remain healthy, abundant, and protected for the public good.

Saving the Wild: A Conversation with Conservationist Tom Baird

Published on November 21st, 2024 by - Blog Posts

The current chair of Michigan’s Natural Resources Commission (NRC), Tom Baird is a retired attorney who was born and raised in Grand Rapids, practiced law in Lansing, and currently lives in Elk Rapids. Throughout life his passions have been conservation and the environment. This led to various roles as board member of FLOW and in Anglers of the Au Sable, Trout Unlimited, the Michigan League of Conservation Voters, and other grassroots groups. In addition to chairing the NRC, Tom is a member of the board of the Hal and Jean Glassed memorial Foundation.

We asked Tom several questions about the NRC and his views on key issues:

How do you see climate change affecting the DNR’s mission?

Climate change is impacting almost every aspect of the DNR’s work. Whether it involves our forests, fisheries or wildlife, all are being impacted right now. Immediate concerns include the expansion of invasive species from warmer climes, warming of our coldwater resource, and changes in wildlife habitat. Efforts are now underway to make our natural resources more resilient to climate change.

Tom Baird poses with his dog.

Do you find the public to be very engaged or not so engaged in the NRC’s work?

The majority of the public is not engaged with the NRC, and even our hunters and anglers know very little about what the NRC does and how it works. There are basically two reasons. First, the scope of the NRC’s authority has been severely limited over the years by a variety of laws and executive orders. Where the NRC used to run the DNR, including hiring the director and setting all department policy, the role of the current NRC is to set regulations for hunting and recreational fishing and provide advice to the department on other natural resource issues. Second, the number of hunters in Michigan is declining, both in absolute terms and as a percentage of the population, so less people have a direct stake in what the NRC does.

What has surprised you the most during your service on the NRC?

I was surprised by the sheer number of things I didn’t know about the DNR, its staff, and the various species of fish and game which we regulate. Our fisheries and wildlife biologists are some of the best in the world, and others around the country always want to know “what’s Michigan doing” about common problems.

In what way does the public trust doctrine interact with the department’s work?

The public trust doctrine is an interesting concept when applied to hunting and fishing. Except when dealing with public surface waters, the public trust doctrine is rarely mentioned. Yet, our fish and wildlife are held in trust by the state for the benefit and enjoyment of all the people. This is an area which deserves further exploration.

What are you most hopeful about in terms of Michigan’s natural resource status?

I am hopeful that future sportsmen and women will remember their role in the protection of our fish and wildlife and the places they live. Our society today is, in many ways, very self-centered and “entitled.” That perspective keeps us from seeing the big picture and doing what is right for our children and grandchildren. We need to do a much better job remembering that it’s about the resource, not just about our fishing and hunting success next season. It appears that our younger generations are beginning to understand these things and are ready to step up now that it’s their turn.

FLOW’s “lame duck” session priorities for water

Published on November 20th, 2024 by - Blog Posts

What is the “lame duck” session in Lansing?

Lame duck is a legislative session that begins after a November election but before new members take the oath of office in January. ‘Lame duck’ refers to the fact that many legislators voting in November and December are retiring or were defeated and are considered lame ducks. Both Congress and the Michigan Legislature often hold lame-duck sessions to resolve thorny issues where lame ducks are free to vote without consequences to their re-election.

This year’s lame-duck dates are tentatively planned for November 6 – December 19 for the Senate and November 7 – December 19 for the House. During this unique time, we have the power to urge the Michigan legislature to make the right decision and protect our precious environment. We encourage you to reach out to your legislators to represent our collective voice on the following Great Lakes priorities:

Statewide Septic Code

Michigan has spent over two decades attempting to implement a statewide septic code. We can finally accomplish this with HB 4479–4480 and SB 299–300. More than 1.3 million homes and businesses in Michigan use septic systems to treat household sewage and wastewater. If not maintained, failing septic systems can contaminate drinking and groundwater and release bacteria, viruses, and household chemicals into lakes and rivers. Proper septic system maintenance protects public health and the environment. Only 11 of Michigan’s 83 counties require inspections. And Michigan is the only state in the nation without a statewide code. FLOW has been working with a diverse coalition of stakeholders for almost 2 years to ensure environmental considerations are included in each draft of the bills, an incredibly vital part of establishing a sustainable statewide septic code. Tell your legislators that you SUPPORT a statewide septic code for Michigan!

Polluter Accountability

EGLE estimates there are 26,000 contamination sites in Michigan, about 13,000 where no potentially responsible party (PRP) can be identified. Michigan’s current contamination cleanup laws fail to hold many potentially responsible parties accountable, forcing the public taxpayers to pay for cleanup or leaving sites contaminated, with an estimated price tag of up to 13 billion dollars. This is not an abstract concern. Sites where contamination is left in place have resulted in evacuations of nearby residences, offices, and a daycare center to protect public health. Many sites with institutional controls may become hazards in the future.

Polluter Pay legislation, SB 605-611 and HB 5241-5247 restores the common-sense principle that polluters should pay to clean up their contamination by ensuring that both past and present owners and operators are defined as legally responsible parties. Equally important, it will deter future pollution by clarifying that the state will have the legal tools necessary to enforce the law and strengthen the cleanup criteria based on the best available scientific data. In sum, the legislation places the responsibility and allocates the risk of future releases on those who control the use of hazardous materials. SUPPORT for this legislation is critical to the health and well-being of our communities.

Part 31 – Environmental Agency Rulemaking Authority

Two decades ago, the legislature made amendments to Part 31 of the Natural Resources and Environmental Protection Act (NREPA) that have created ongoing and increasingly severe legal jeopardy for the state, with a growing likelihood of litigation and administrative actions as Michigan falls out of compliance with a variety of legal obligations due to regulatory neglect. If unremedied, this situation will continue to cause unlawful pollution of water and natural resources and become more costly, with consequences including the potential loss of authority to implement federal environmental regulatory programs. Failure to update water quality regulations in line with federal standards could result in Michigan losing its delegated authority to manage its Clean Water Act discharge permitting program, similar to the situation that occurred in Wisconsin. We urge you to ask your legislators to SUPPORT HB 5205 to safeguard Michigan’s waters and avoid legal complications.

Data Centers

Data centers have significant impacts on our environment and public health – including water use, energy use, land use, and noise – especially if backup diesel generators are employed. Data centers, without necessary environmental safeguards, are an imminent threat to climate progress and freshwater resources. Our commitment to renewable energy and abundant water resources makes our state attractive to these companies, but we must prioritize protecting our water, air, and ratepayers while encouraging economic development. We can do both with well-crafted legislation.

However, HB 4906 and SB 237, data center use and tax bills, fail to incorporate any meaningful environmental protections. Michigan has the leverage now to maximize the benefit statement for local governments and residents, and that leverage is lost after tax incentives become law. The impact of these policies will resonate for decades, so we must get the policy correct now to ensure that we are meeting our clean energy and clean water goals. Ask your legislator to OPPOSE HB 4906 and SB 237 as written.

Stormwater Utilities

Over the past few decades, Michigan has faced an increase in unpredictable storm events. Unfortunately, our existing stormwater infrastructure is not built to handle the frequency and intensity of these storms, creating problems with water runoff and flooding.

This, in turn, has led to problems such as water pollution, algal blooms, beach closures, threats to public health, and increased infrastructure costs to taxpayers. Polluted runoff also contaminates the environment and endangers aquatic life. Stormwater utilities can be a part of the solution, by enabling communities to fund modern, green stormwater infrastructure and protect the environment and public health.

FLOW is working to develop a legislative solution to enable small and mid-sized communities in Michigan to legally establish stormwater utilities and secure a reliable source of funding for this crucial infrastructure. Stormwater utilities are an essential tool for managing and mitigating the negative impacts of stormwater runoff, including flood damage, erosion, and pollution.

Michigan leaders hit “pause” on tax breaks for water-guzzling big tech data centers

Published on July 12th, 2024 by - Blog Posts

The environmental community has achieved a major victory – although temporary – in convincing legislative leaders to press the “pause” button on a set of bills that would pose a significant threat to the Great Lakes.

Slated for a final vote in the House of Representatives on the last day of session before the summer recess on June 25, the bills sought to offer tax incentives to Big Tech companies such as Amazon, Microsoft, and Google to build new data centers in Michigan. But the bills did not adequately address the extraordinary energy and water needs of data centers and the threat to vital groundwater aquifer resources, and could potentially jeopardize Michigan’s ability to meet its new climate energy goals passed in November 2023.

Lawmakers and environmental organizations will work on the bills over the summer to see whether these concerns can be addressed.

“The Great Lakes are vital resources for all the communities that surround them,” said FLOW Executive Director Liz Kirkwood. “As we look to the future, citizens and policymakers must carefully consider the impact of high-volume energy and water consumption on this precious natural resource. We must ensure that the terms set for such consumption are clear and protective of the Great Lakes.”

One crucial consideration for Michigan is transitioning from traditional Rust Belt industries to more sustainable Blue Belt industries. Communities across the Great Lakes Basin recognize the economic potential of the Great Lakes, which comprise the third largest economy in the world. As we move forward, it’s important to champion and steward the Great Lakes, inviting industries that will prioritize the well-being of this invaluable natural resource.

Recognizing the obstacles encountered by Environmental Justice Communities (EJC), it is vital for legislators to actively engage these communities in the decision-making processes regarding the preservation and management of the Great Lakes. For example, we should leverage data center development in Michigan to help ensure safe and affordable water by requiring state-of-the-art water efficiency practices and utilizing existing capacity at municipal water systems. Further, priority must be given to community water systems devastated by reduced revenue caused by a shrinking base of ratepayers, while also ensuring that the data centers protect the health of residents in those communities. We should prioritize using existing municipal water infrastructure, rather than relying on extracting precious groundwater resources.

Environmental justice communities have a crucial role in influencing policy related to the Great Lakes. These communities have and must continue to voice their lived experience and knowledge to our lawmakers, and those lawmakers must respond constructively. By actively participating in the policymaking process, EJC can help ensure that the protection and preservation of the Great Lakes water system, as well as equity considerations, are included in any proposed legislation.