Nestle Waters North America's plan to pump and bottle another 70 million gallons of spring water annually from a site near Evart will not harm fish in nearby trout streams, according to a state agency.

The Michigan Department of Environmental Quality has concluded Nestle can pump 216,000 gallons of water daily from natural springs that feed Twin and Chippewa creeks. The creeks in Osceola County, both of which are state-protected trout streams, flow into the Muskegon River near Evart.

The pumping "is not likely to cause an adverse resource impact under Michigan's new water withdrawal law," according to a DEQ statement. "Under the law, an adverse resource impact occurs when water is withdrawn from a stream at a rate that could harm fish (trout) populations."

The Nestle project is the first water withdrawal for a bottling operation considered under Michigan's new law, which took effect in February. That law requires water bottlers to obtain a state permit if pumping more than 250,000 gallons of groundwater per day; the Nestle project would pump about 215,000 gallons per day, according to company records, so it does not need a permit.

Nestle has bottled water under its Ice Mountain label since 2001 at a facility in Stanwood. Company officials have said they want to expand production in Michigan and are considering building a second bottling plant in Evart.

Using existing state records and data generated by Nestle's scientists, the DEQ concluded the company could pump as much as 691,200 gallons of groundwater daily from natural springs that feed Twin and Chippewa creeks without harming trout in those streams.

The state agency is taking public comment on its proposed determination of no adverse resource impact through Jan. 15. The DEQ will make a final determination after the comment period ends.

But the DEQ's review of the project is largely academic.

Nestle's proposed well is not subject to the new state law because it would pump less than 250,000 gallons per day and is more than 1,300 feet from the nearest surface water. As a result, the well is "presumed" by the law to not have an adverse resource impact.

Nestle voluntarily sought the DEQ's review of its proposed well.

"In applying for this determination voluntarily, our goal was to demonstrate our commitment to the spirit and letter of Michigan's new water withdrawal law and to the principles of scientific resource management," said Greg Fox, natural resource manager for Nestle's Ice Mountain brand.

"We have maintained that science is the key factor driving our decision-making related to water withdrawals and responsible water resource management," Fox said.

Environmental activist Dave Dempsey said the DEQ's decision revealed flaws in Michigan's new water withdrawal law.

"It continues the process of privatizing Michigan's formerly public water resources," said Dempsey, a policy advisor for the Michigan Environmental Council. "Unfortunately, this law seems to be an authorization to take water rather than a defense of (water) for the public interest."

Nestle's proposed well north of Evart would reduce water flow in Twin and Chippewa creeks by about four percent and cause a marginal increase in water temperatures, according to a company study. The pumping would reduce the volume of water in the Muskegon River by 70 million gallons annually, according to company documents.

Nestle officials said they need to sink more wells to support the Swiss-based firm's growing water bottling business in Michigan without taking excessive amounts of water from any one site.

Nestle also is studying the possibility of pumping spring water from a site in Newaygo County's Monroe Township that is near the headwaters of the White and Pere Marquette rivers. Many anglers, environmentalists and property owners in the White and Pere Marquette watersheds have already expressed opposition to that possible project.

Monroe Township officials have scheduled a Jan. 10 public meeting to discuss that project. The 7 p.m. meeting will be held at the township hall, 4141 E. Fillmore, White Cloud.