Tag: drinking water

Flow challenges EPA approval of Michigan potash underground injection permits, citing threats to drinking water

Published on June 17th, 2025 by - Blog Posts, News, Reports & Media Releases

June 17, 2025

Traverse City, Mich. – Flow Water Advocates today announced the filing of a Petition for Review (PDF) with the United States Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB), challenging the recent approval and modification of six Underground Injection Control (UIC) permits for Michigan Potash Operating, LLC. Representing Michigan Citizens for Water Conservation (MCWC), Flow argues that EPA Region V’s decision to allow the deep injection of millions of gallons of briny wastewater into wells in Osceola and Mecosta Counties fails to adequately protect critical groundwater resources, which serve as the sole source of drinking water for local rural communities.

The controversial Michigan Potash mine project aims to extract potash and salt through a solution mining process, which involves injecting large volumes of fresh water more than 1.5 miles deep to dissolve minerals, then bringing the briny liquid to the surface. The wastewater from this process, described as non-hazardous salt water, is slated for disposal in deep injection wells, some of which are modifications of existing wells and others are new. This industrial operation, spearheaded by parent company Michigan Potash & Salt Company, has raised alarm bells among environmental advocates and local residents for its potential to contaminate vital freshwater aquifers.

“A rural community’s sole source of precious drinking water deserves the highest standard of protection, and our review indicates EPA has fallen short,” stated Carrie La Seur, Legal Director for Flow Water Advocates and Counsel for Michigan Citizens for Water Conservation. “The EPA’s due diligence in reviewing these permits was inadequate, relying on outdated information and flawed assumptions. Our petition asks the Environmental Appeals Board to compel EPA to uphold its fundamental duty to safeguard our groundwater from industrial pollution.”

The Petition for Review meticulously details the alleged flaws in EPA Region V’s permit approval process. A central argument revolves around EPA’s reliance on dated information regarding the status of numerous plugged and abandoned well-bores within the targeted Dundee and Lucas formations. These boreholes, some dating back to the 1960s and earlier from prior oil and gas exploration, pose a significant risk if not adequately sealed. The petition asserts that EPA failed to perform its own research or conduct new testing to verify the physical integrity and suitability of these aging plugs, which are crucial barriers against the upward migration of injected brine into shallower freshwater zones.

Furthermore, Flow challenges EPA’s reliance on flawed engineering assumptions concerning the “Combined” Area of Review for the injection wells and the behavior of incompressible fluids. The petition argues that these technical errors could lead to an underestimation of the area potentially impacted by the injected brine, further jeopardizing underground sources of drinking water (USDWs).

The Safe Drinking Water Act (SDWA) explicitly requires EPA to establish regulatory programs to prevent underground injections that endanger drinking water sources. Michigan, not having its own EPA-approved UIC program, relies on federal oversight. Flow contends that EPA’s actions in approving these six new and modified UIC wells do not meet this necessarily high standard, particularly given the fissured and heavily perforated nature of the Dundee formation.

“The scale of this mining operation, which proposes to draw over two million gallons of fresh groundwater per day and dispose of vast quantities of process brine, demands the utmost scrutiny,” La Seur added. “Local residents in Osceola and Mecosta Counties, already struggling with economic challenges, cannot afford the crushing financial burden of contaminated well water if these critical aquifers are compromised. This is not just an environmental issue; it’s an economic and public health crisis waiting to happen.”

Local residents have previously voiced concerns, and MCWC participated extensively in the public comment periods on the draft permits. If successful, Flow’s petition to the Environmental Appeals Board could result in the review and remand of Michigan Potash’s UIC permits, forcing EPA to conduct a more rigorous, transparent, and up-to-date environmental review. This action seeks to set a vital precedent for how industrial projects, particularly those involving deep well injection, are evaluated and permitted, ensuring that the protection of Michigan’s precious groundwater resources remains paramount.

This legal action is a critical step in safeguarding Michigan’s irreplaceable water heritage and holding regulatory agencies accountable to their duty to protect public health and the environment.

Flow Water Advocates is a Michigan-based nonprofit organization dedicated to protecting the Great Lakes and Michigan’s fresh water through policy advocacy, public education, and legal action.

Michigan Citizens for Water Conservation (MCWC) is a grassroots organization committed to protecting Michigan’s water resources through education, advocacy, and direct action.

What is nitrate pollution, and how does it affect drinking water?

Published on February 25th, 2025 by - Blog Posts

Nitrate pollution might not be a familiar term, but it could be affecting your drinking water more than you realize. Nitrates are a naturally occurring form of nitrogen found in soil and water, but human activities, particularly industrial agriculture, have significantly increased nitrate levels in rivers, lakes, and groundwater. This invisible, odorless, and taste-free contaminant poses potential health risks, making it an important issue for communities that rely on these water sources.

Where does nitrate pollution come from?

One of the biggest sources of nitrate pollution is agriculture, particularly from Concentrated Animal Feeding Operations (CAFOs). These large-scale livestock farms produce massive amounts of manure, which can seep into groundwater or run off into nearby rivers and lakes. Other sources of nitrate pollution include:

  • Fertilizers – Fertilizers used on crops can leach into groundwater, especially after heavy rains.
  • Septic Systems – Poorly maintained septic tanks can release nitrates into the surrounding soil and water.
  • Industrial Wastewater – Some industrial processes release nitrogen-based compounds that contribute to pollution.

How does nitrate pollution impact drinking water?

Nitrate pollution was once thought to be a human health risk primarily for “blue-baby syndrome.” High levels of nitrates in drinking water can convert hemoglobin (which carries oxygen) into methemoglobin (which does not carry oxygen), causing the baby’s skin to turn bluish from lack of oxygen.

But recent studies have expanded our understanding of the health risks associated with nitrate-contaminated drinking water, revealing potential links to various cancers. Research indicates that long-term exposure to elevated nitrate levels may increase the risk of thyroid cancer. For example, a study published in Epidemiology found that women who consumed water with average nitrate levels exceeding 5 mg/L for more than five years had a 2.6 times higher risk of developing thyroid cancer – even though these levels are below the federal limit of 10 mg/L.

Further research has suggested associations between high nitrate intake and other cancers. The National Cancer Institute’s Cancer Trends Progress Report notes modest evidence linking higher nitrate consumption to an increased risk of thyroid and ovarian cancers in women. A study in the Environmental Research journal estimated that nitrate pollution in U.S. drinking water could be responsible for over 12,500 cancer cases annually, including colorectal, ovarian, thyroid, kidney, and bladder cancers. 

These findings underscore the need to re-evaluate current nitrate standards in drinking water to better protect public health.

What can be done about this problem?

Preventing nitrate pollution starts with better agricultural practices, improved waste management, stronger water protections, and enacting and enforcing effective environmental laws. Individuals can also take action by testing their well water, supporting policies that reduce agricultural runoff, and supporting legislative efforts aimed at reducing nitrate pollution.

Nitrate pollution may be invisible, but its effects on drinking water are real. Raising awareness is the first step toward cleaner, safer water for everyone.

What Do the Election Results Mean for the Great Lakes State?

Published on June 4th, 2024 by - Blog Posts, News

While the word “water” was not on the November 8 statewide general election ballot in Michigan, it was present on the ballot in various local communities and in different, more subtle ways across the Great Lakes State.

In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements. In northwest Michigan’s Leelanau Township, for instance, 60% of voters approved zoning amendments designed to protect water quality; and Leelanau County is poised by month’s end to implement a county-wide septic code ordinance after the county board’s bipartisan vote in August following years of rancorous debate and unsuccessful attempts at passage.

In Ann Arbor, a whopping 71% of voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change. The funds will come from an up to 1-mill ($1 for every $1,000 in taxable value) increase in city property taxes over the next 20 years, which will raise an estimated $6,800,000 in the first year levied. Authorized uses include year-round composting; expanded residential/multifamily recycling; community and rooftop solar programs; rental and low-income household energy programs; bicycle, pedestrian and transit infrastructure; neighborhood resource centers; electric vehicle infrastructure; and tree plantings.

In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements.  A whopping 71% of Ann Arbor voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change.

At the county level, decisions made by voters on whom to elect as commissioners in each of Michigan’s 83 counties could affect whether these jurisdictions in the near term take on one of the problems most threatening the state’s waters, an estimated 130,000 failing septic systems. Michigan remains the only state without a statewide law to set minimum standards for inspecting, maintaining, and replacing broken septic systems to protect surface water and groundwater and safeguard public health, so regulation is limited for now to a patchwork of local ordinances.

Historic Shift in Michigan’s Government

For the first time since the 1980s, Democrats have won the governor’s office, with the re-election of Gretchen Whitmer, and majorities in both chambers of the Michigan Legislature, albeit by just two seats in each chamber, which Republicans had controlled during Whitmer’s first term. The historic shift, along with the re-election of Dana Nessel as attorney general, promises to have enormous influence on the quality of water and other natural resources of the state.

enbridges-line-5-under-the-straits-of-mackinac-4f9997139d321d60

A diver points to a segment of the dual Line 5 oil pipelines operating under in the Straits of Mackinac since 1953.

As an example, Whitmer and Nessel have been partnering on a legal strategy to shut down Line 5, Enbridge’s risky, antiquated twin petroleum pipelines operating in the Straits of Mackinac, while their Republican opponents had pointedly promised to drop the litigation if elected. And Gov. Whitmer will have the opportunity to speed up progress on her climate action plan, restore polluter-pay cleanup laws weakened under former Republican Gov. John Engler, and protect and restore the Great Lakes. Widespread PFAS contamination, E. coli pollution, and harmful algal blooms also remain key priorities.

In the 2023-2024 session of the legislature, lawmakers will likely decide whether to enact a statewide law to control failing septic systems and whether to spend a part of several billion dollars in federal aid to maximize Michigan’s historic investments in clean drinking water, wastewater, stormwater, and other water infrastructure projects – including aging dams on Michigan rivers.

FLOW: It’s Time to Seize the Opportunity to Protect Fresh Water 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.

FLOW Executive Director Liz Kirkwood

“For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.”

“For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.

Public Water, Public Justice

Governor Whitmer should play a leading role to close the bottled-water loophole in the Great Lakes Compact that presently allows diversions of water in containers less than 5.7 gallons. To do so, Kirkwood called on the governor and legislature to adopt FLOW’s “Public Water, Public Justice” model legislation that would generally prevent diversions by requiring small container diversions to be aligned with Public Trust principles, licensed by the state, and subject to royalties that would generate state revenue for Michigan’s vast water infrastructure needs.

“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.”

“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.”

On the Federal Front

Finally, all 13 of Michigan’s seats in the U.S. House of Representatives were contested in the November 8 election, with all incumbents who ran winning re-election, and Republicans gaining a slim majority in the chamber. Democrats retained narrow control of the U.S. Senate, and all Midwest governors on the ballot were re-elected.

The U.S. House will consider legislation in 2023 to address PFAS, the so-called “forever chemicals,” which have contaminated over 200 sites in Michigan, and renewal of federal funding for the Great Lakes Restoration Initiative.

Everywhere you look, water issues colored Michigan election choices and outcome. Now comes the real 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.

Drinking Water Week 2024

Published on May 6th, 2024 by - Blog Posts

We are so used to turning on the tap and receiving safe drinking water that we often forget how vulnerable that water can be to contamination.

During Drinking Water Week, recognized May 5-11 by the State of Michigan and nationally, filling knowledge gaps is a critical priority. Knowing the source of your drinking water is crucial, and so is knowing about threats to its safety and legal and environmental defenses to prevent its contamination. Michigan also proclaims Thursday, May 9, as Private Residential Well Awareness Day to bring attention to the 2.6 million Michiganders who depend on private wells for their drinking water.

Michiganders have reason to grasp the threat to our drinking water. The lead contamination crises in Flint and Benton Harbor provide sobering lessons about one threat to drinking water. The federal government has now committed $15 billion nationwide for the replacement of lead pipes through which drinking water flows.

Another threat to public drinking water is the family of chemicals known as PFAS, the so-called “forever chemicals”, used in many consumer products. These compounds pose potentially major human health effects.

The good news is that both the State of Michigan and the U.S. Environmental Protection Agency have set health-based limits for some PFAS in public drinking water supplies.

The threat from other contaminants is greatest to those who rely on the more than 1.25 million private wells in Michigan, which go largely untested. Many people don’t realize that 45% of Michigan’s population gets drinking water from underground sources.

The Centers for Disease Control and Prevention recommends that private well users have their water tested annually for contaminants. The CDC also recommends keeping household hazardous materials such as paint, fertilizer, pesticides, and motor oil far away from wells.

For Michigan residents who receive drinking water from public water supplies, safety and contamination are regulated. Federal and state Safe Drinking Water laws require regular testing and treatment of public water. Customers of public water supplies are entitled to receive annual consumer confidence reports that detail levels of key contaminants and any violations of drinking water standards.

In 2022, according to the Department of Environment, Great Lakes and Energy (EGLE), there were 1,012 violations of Safe Drinking Act requirements at 328 community supplies. Most of these violations related to treatment or reporting requirements, not violations of health-based drinking water standards.

Many Michiganders drink bottled water—some as a short-term replacement for contaminated public or private water supplies, but far more do so for the perceived convenience and hydration. Many bottled water customers, however, do not realize that much bottled water comes from public supplies—they are drinking bottled tap water from systems paid for by taxpayers and marked up for significant profit by the private sector. Aquafina and Dasani labels in Michigan are drawn from the public supply for Southeast Michigan. And most of the remainder of bottled water packaged in Michigan—such as BlueTriton’s (formerly Nestle’s)—comes from groundwater that is tributary to Michigan’s streams and lakes. In effect, it and consequent private profits come from sources that belong to the people of Michigan under the public trust doctrine.

We should not take our drinking water for granted. Becoming aware of sources and threats is vital to our individual, family, and public health. Learn more about FLOW’s efforts to protect groundwater here on our website.

State Expands Clean Water Funding; More Funding Needed

Published on May 2nd, 2024 by - Blog Posts

On Earth Day, Governor Gretchen Whitmer and the Department of Environment, Great Lakes, and Energy (EGLE) announced a $290 million expansion of the MI Clean Water Plan with proceeds from the bipartisan, voter-approved 2002 Great Lakes Water Quality Protection Bond. The funds will expand state low-interest loans to local governments for drinking water and water management resources for their residents through an expansion of the state’s low-interest loan offerings.

Governor Whitmer said that during her tenure in office the state has invested over $4 billion to upgrade drinking water, stormwater, and wastewater facilities, supporting 57,000 jobs, but “we know we still have more work to do. “

This financing supports critical water infrastructure projects like lead service line removals, rehabilitation and upgrades to drinking water and wastewater plants, improvements to sewer systems, and much more. The $290 million will be split between the state’s Clean Water State Revolving Fund and Drinking Water State Revolving Fund and will be available through loans and low interest financing this year.

Even with the $290 million, the need from communities across the state for drinking water and sewage treatment far exceeds available resources.

  • In Fiscal Year (FY) 2024 EGLE provided historic financing and funding opportunities to communities but was still only able to fund $1.7 billion of the over $5 billion in community requests.
  • This funding shortfall will continue in FY 2025, where the department received over $3.5 billion in project requests from communities, but expects to have less than $720 million available after exhausting significant one-time federal resources.
  • Most of the state’s water systems are over 50 years old, and a significant portion are approaching 100 years of service life. Recent reports have highlighted that Michigan has an annual gap of between $860 million to $1.1 billion in water infrastructure needs due to decades of deferred maintenance.

FLOW Applauds EPA for First-Ever, National Enforceable Drinking Water Standards for PFAs

Published on April 11th, 2024 by - Blog Posts, Reports & Media Releases

On April 10, the Biden-Harris Administration and EPA issued the first-ever nationally enforceable drinking water standards to protect communities from cancer-causing toxic PFAS pollutants, also known as “forever chemicals.” FLOW applauds this important federal coordinated action designed to tackle PFA contamination, prioritize public health, and advance environmental justice in communities nationwide.

Michigan has much at stake in protecting the public from PFAs compounds. These ubiquitous chemicals have been found in hundreds of locations around the state, including drinking water supplies. In 2019, Governor Gretchen Whitmer directed the state to promulgate strong protective standards for PFAs in drinking water, but they were challenged and have been held up in court by industries.

“Ensuring everyone has access to clean, safe, affordable drinking water is a national priority. We commend EPA’s effort to establish new standards for PFAs in Drinking Water as a first step in protecting people from PFA contamination. This work is only the beginning as there are more than 10,000 compounds in this chemical class. Establishing federal standards is more important than ever before because even in leading states like Michigan with established PFAs drinking water standards, corporate interests have challenged and successfully delayed these important protections,” said Liz Kirkwood, executive director of For Love of Water (FLOW).

To ensure the successful implementation of this new drinking water rule, the Biden-Harris Administration announced unprecedented funding, with an additional $1 billion of available funding through the Bipartisan Infrastructure Law to support states and territories to test for PFAs in public water systems and private wells.

ATSDR Petition for a Public Health Assessment (PHA): BASF, Inc., Wyandotte, Michigan

Published on February 29th, 2024 by - Blog Posts, Reports & Media Releases

ATSDR Petition for a Public Health Assessment: BASF, Inc. in Wyandotte, Michigan

ATSDR Petition for a Public Health Assessment (PHA) due to significant historic, current, and ongoing air, water, and drinking water contaminant exceedances from BASF, Inc., Wyandotte, Michigan ( EPA FACILITY ID: 110000494019, RCRA MID 064197742) — February 29, 2024

On behalf of the undersigned organizations, representing many thousands of Michiganders, we write to request a Public Health Assessment for the community of Wyandotte, in relation to ongoing toxic discharges from BASF (Badische Anilin und Soda Fabrik, Germany’s largest chemical company) facilities there (the “Facility”). Many community members, including members of Congress, have expressed concern about legacy and ongoing contamination described in detail (PDF).

Detroit Riverkeeper
For Love of Water
Friends of the Detroit River
Michigan Chapter of Sierra Club
Southwest Detroit Environmental Vision

Free water well testing now available in Michigan

Published on September 6th, 2023 by - Blog Posts

Michigan households relying on private wells may be drinking polluted groundwater without realizing it. A new state program aims to change that.

Common water quality concerns include coliform bacteria, nitrate, nitrite, fluoride, chloride, sulfate, sodium, hardness, and metals like aluminum, antimony, arsenic, boron, cadmium, chromium, copper, lead, iron, manganese, mercury, selenium, uranium, and zinc.

Now, thanks to a new $5 million allocation in funding from the state legislature, residents can get their water tested for FREE through the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and their local health departments. (Your local health department can provide information about drinking water concerns in your area, and what testing is best for your water source.)

Request your free sample kit at http://www.michigan.gov/EGLEprivatewells

This is just the beginning of addressing Michigan’s groundwater emergency, but it’s a great first step in the right direction.

Michigan has the most private drinking water wells drilled annually of any state. About 45% of the state’s population depends on groundwater for its drinking water. FLOW has been a strong advocate of removing cost barriers to well testing, as part of our groundwater policy agenda:

“Thousands of Michigan citizens relying on private wells may be drinking polluted groundwater without realizing it. The state should remove cost barriers to testing of such wells initiated by their owners. The Michigan Legislature should appropriate funding to enable owners of residential drinking water wells to obtain testing of well water samples.” The Sixth Great Lake (p. 17), September 2018

“WATER TESTING: Michigan homeowners with private wells are not served by routine water testing and may unknowingly consume contaminated water. The state should create a fund to assist such homeowners, largely in rural areas, in regular water well testing.” Deep Threats to Our Sixth Great Lake (p. 21), May 2021

Download our groundwater fact sheet to learn more (PDF).

 

 

 

PFAS Chemicals in Tap Water More Widespread Than Thought

Published on July 13th, 2023 by - Blog Posts

A new U.S. government study that finds toxic PFAS chemicals could be present in nearly 50% of the nation’s tap water “should sound alarm bells for people across the country,” says a Michigan citizen leader on PFAS policy.

Tony Spaniola, who co-founded and co-chairs the Great Lakes PFAS Action Network and serves on the Leadership Team of the National PFAS Contamination Coalition said “It is staggering that nearly half of all Americans have PFAS ‘forever chemicals’ in their tap water.” 

“But it’s even more staggering that the study only tested for 32 of the more than 12,000-plus PFAS chemicals that are used in commerce. If the study had tested for all of those chemicals, it’s reasonable to infer that many more Americans are likely to have PFAS in their tap water.”

The study, conducted by the U.S. Geological Survey, tested for 32 individual PFAS compounds from 716 locations representing a range of low, medium and high human-impacted areas. Water from public water supplies and private wells was analyzed. The most frequently detected compounds in this study were PFBS, PFHxS and PFOA. The interim health advisories released by the U.S. EPA in 2022 for PFOS and PFOA were exceeded in every sample in which they were detected in the study. 

Michigan’s PFAS Action Response Team (MPART) coordinated monitoring of public water supplies between 2018 and 2020. Approximately 80 public water supplies tested returned results greater than 10 parts per trillion of total tested PFAS. But only three supplies were found to have PFOS plus PFOA over a federal health advisory.

MPART had also confirmed 257 PFAS sites (map), including landfill, airports, former manufacturing sites and others as of May 8, 2023. 

PFAS chemicals have been used in clothing, furniture, adhesives, food packaging, heat-resistant non-stick cooking surfaces, and the insulation of electrical wire. Possible human health effects include increased risk of kidney and testicular cancer, increased risk of high blood pressure and pre-eclampsia in pregnant women, and low birth weight in infants.

Spaniola pointed out that there still are no federal drinking water regulations for any PFAS chemicals. The EPA is presently proposing to regulate only six PFAS chemicals, while Michigan regulates only seven of them.

He added: “We all need to demand from our elected officials and regulators that the entire class of PFAS chemicals be regulated and banned from use in commerce, except only in relatively rare instances in which their use is absolutely essential.”

Abigail Hendershott, executive director of MPART, says the fact Michigan has been sampling public water supplies for several years will enable state officials to assess the implications of EPA’s proposed drinking water standards for PFAS.

The new federal study, which includes test results from private wells, underscores the importance of doing more water sampling of private water than has been done in Michigan, Hendershott says. The state has sampled about 6,000 private wells in the course of investigating specific sites, but there are more than 1 million private wells in Michigan.

“MPART will continue to look for ways to promote private drinking water sampling to protect public health,” she said.

New York Lawmakers Introduce Bill Based on FLOW’s Model ‘Public Water, Public Justice’ Act

Published on March 9th, 2023 by - Blog Posts

By Zach Welcker, FLOW Legal Director

FLOW Legal Director Zach Welcker

New York State Senator Rachel May and Assemblymember Jessica Gonzalez-Rojas have introduced companion legislation to enact the Public Water Justice Act, a bill derived from FLOW’s (For Love Of Water’s) model Public Water, Public Justice Act. The proposed legislation, S.238A and A.5104, prohibits the sale of waters of the state unless otherwise specifically authorized and establishes a public water justice fund for royalties collected from persons or entities authorized to sell waters of the state. The fund would be used to achieve a suite of public health and environmental benefits in the State of New York.

New York’s Public Water Justice Act incorporates concepts set forth in FLOW’s Public Water, Public Justice Act—comprehensive model legislation drafted by Jim Olson and FLOW’s legal team in response to the water shutoffs in Detroit and the Flint water crisis. In those cases, many residents were not only denied public water but also forced to buy bottled water from private companies who obtained state-owned water for next to nothing. 

FLOW Executive Director Liz Kirkwood

“It is gratifying to see this legislation move forward in a sister Great Lakes state,” said FLOW Executive Director Liz Kirkwood. “It makes no sense to allow water bottlers to appropriate our public water, sell it for huge profits, without any benefits accruing to the public.”

Liz Kirkwood, FLOW’s Executive Director, said that FLOW’s legal team has been working with New York senate and assembly staff to enact the bill into law. “It is gratifying to see this legislation move forward in a sister Great Lakes state,” Kirkwood said, “It makes no sense to allow water bottlers to appropriate our public water, sell it for huge profits, without any benefits accruing to the public.”

Jim Olson, FLOW’s Founder and Senior Legal Advisor

Jim Olson, the founder of FLOW, who drafted the legislation, stated, “At the end of the day, FLOW works to foster equitable public policy for the common good. With the loss of access to public water from pollution and climate change, underscored by the recent crises in Jackson, Mississippi and hurricane Ian, laws like New York’s proposed Public Water Justice Act will assure public funds from public water to vindicate  the public’s right of access to safe water.”

“At the end of the day, FLOW works to foster equitable public policy for the common good,” said Jim Olson, the founder of FLOW, who drafted the legislation.

While it is unclear how much revenue the proposed legislation would generate in New York, Michigan would raise approximately $250 million per year if it enacted similar legislation.