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Michigan Citizens for Water Conservation v. Nestle Waters North America, Inc.

Court of Appeals of Michigan

709 N.W.2d 174 (2005)

Relevant factsFree

Nestle Waters North America (defendant) acquired groundwater rights in Michigan and dug four wells to pump groundwater at 400 gallons per minute for a bottling plant. Michigan Citizens for Water Conservation (MCWC) (plaintiff), representing local riparian rights holders, sued, presenting evidence that even a small reduction in flow to the Dead Stream — traditionally used for recreation like boating, swimming, and fishing — would significantly lower water levels, raise water temperature, increase plant growth, and reduce fish populations, harming the stream's recreational and aesthetic value. The trial court ruled for MCWC and issued an injunction against Nestle's pumping, and Nestle appealed.

IssueFree

Whether a court will enjoin a groundwater user's pumping when that use unreasonably interferes with riparian users' rights under the circumstances.

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