Water

Michindoh Aquifer

Water is essential for all life, but when you turn on the faucet, how often do you give much thought to where your water comes from or how it is protected?

71% of the earth’s surface is covered in water; yet only 3% is fresh water. And of that 3%, only 0.5% of the earth’s water is available fresh water found in rivers, lakes and groundwater.

If you live in one of these nine counties in the Michigan/Indiana/Ohio tristate are:

• Michigan (Hillsdale, Lenawee, Branch)
• Indiana (Steuben, DeKalb, Allen)
• Ohio (Williams, Fulton, Defiance)

your water likely comes from the Michindoh Aquifer, an extensive sand and gravel aquifer system that was created over 14,000 years ago as the glaciers began to recede. This aquifer system supplies water to almost 400,000 people in these nine counties.

In Ohio, landowners have a right to “reasonable use” of water within their property boundaries. This includes both surface water and groundwater. This means that landowners must use water in a way that does not harm other landowners’ rights or the public interest.

Artesian of Pioneer

We often take water for granted, but in 2018 that changed for the people dependent upon the Michindoh Aquifer as their sole source of water. A local company in Williams County, Artesian of Pioneer (AOP), proposed to sell 8-10 million gallons of water/day from the Michindoh Aquifer to communities located to the east and surrounding Toledo.

The Ohio Department of Natural Resources confirmed that the proposed project to sell water from the Michindoh aquifer, for profit, was perfectly legal as long as AOP met the regulatory requirements. The communities living over and dependent upon the Michindoh Aquifer as their sole source of water had no authority in the permitting process.

Opposition to the project was widespread. In the end, the Toledo area suburbs looking to buy water from the Michindoh Aquifer came to an agreement with Toledo in August 2019. City of Toledo, suburbs reach regional water agreement; pact heads to individual councils for approval.

Withdrawal Consumptive Use Permit

Although the project never materialized, a new regulatory program governing groundwater, the withdrawal and consumptive use permit, was created in 2019, but without any citizen input. The Ohio Department of Natural Resources (ODNR) has oversight over all things groundwater – basically equating groundwater with other natural and mineral resources in the state.

Ohio Michigan Indiana Council of Government

In August 2019, commissioners from the nine Michindoh Aquifer counties agreed to create the Ohio, Michigan, Indiana Council of Government (OMI) and have it act as their regional planning agency. The OMI initiated a study of the Michindoh Aquifer by the US Geological Survey.

Aquabounty

Two years later, in July 2021, AquaBounty (AQB) , a land-based aquaculture corporation, announced plans to build an 11-acre indoor facility in Pioneer, Ohio, (Williams County) capable of producing 10,000 metric tons of genetically engineered salmon per year.  This “all in one” aquaculture facility would be one of the largest in the world, where it would hatch, raise, process, and sell GMO salmon. It would also withdraw over 5 million gallons of water each day from the Michindoh Aquifer and dump almost the same amount into the nearby St Joe River, which is a conduit to Lake Erie.

In October 2021, AQB applied for a proposed well field south of Pioneer, Ohio with a capacity for ground water withdrawals from the Michindoh Aquifer of 3 million gallons per day for use at its planned aquaculture facility. Over 1200 comments were submitted to ODNR, overwhelmingly opposed to the AquaBounty project. Yet in March 2022, AQB received a conditional Water Withdrawal and Consumptive Use permit from the Ohio Department of Natural Resources, to withdraw 3 million gallons of water per day.

Months later, in May 2022, AQB applied for a proposed well field east of Pioneer, Ohio with a new capacity for ground water withdrawals of 5.25 million gallons per day.

In September 2022 ODNR approved AQB’s Withdrawal and Consumptive Use Permit to withdraw 5.25 MGD with Conditions (obtain NPDES permit, install monitoring wells, etc). AQB would relinquish its existing Water Withdrawal and Consumptive Use Permit for the 3 million gallons per day.

Legal battle over water discharge lines for AquaBounty

A permit from the Village of Pioneer to build water and wastewater lines in the county right of way triggered a legal battle. In April 2023, AquaBounty and the Village of Pioneer filed administrative appeals in Williams County Common Pleas Court.

This legal battle progressed to the 6th District Court of Appeals in Toledo. Oral arguments were given on August 21, 2024. The ruling has yet to be posted.

The Withdrawal and Consumptive Use Permit is not the only regulatory program in Ohio that governs the withdrawal of large volumes of water. Both the Water Withdrawal and Consumptive Use permit and the water withdrawal registration program fall under the Ohio Department of Natural Resources.

ODNR Water Withdrawal Facilities Registration

“The owner of any facility with the capacity to withdraw more than 100,000 gallons of water per day (70 gallons per minute) must register the facility with the Ohio Department of Natural Resources, Division of Water Resources. There are two important considerations relating to this requirement:  First, the requirement is for a capacity to withdraw, not the actual withdrawal amount, so if a facility has the capacity to withdraw 101,000 gallons per day but actually withdraws only 10,000 gallons per day it still must be registered.  Secondly, this is a registration not a permit.  It does not convey any right or privilege to withdraw water. This registration applies to ground water withdrawals, surface water withdrawals or any combination of the two.

Any facility that is registered with the Division of Water Resources must complete and submit an annual report of all water withdrawn in a calendar year.  Reports must also be submitted even if no water was withdrawn.  These reports are due by March 1st of each year.” ODNR Water Withdrawal Facilities Registration

Water is life. How we view water impacts how it is used and protected. Water is generally viewed as “property” in the United States.

“Water rights are determined primarily at the state level. Originally, these rights were set out in common law, or court cases. Common law continues to provide the basis for water rights in the United States. The origins of groundwater law in the United States can be traced to 19th century English and American courts when most decisions were based on the law of property.  … State legislatures may pass laws to modify or restrict common law water rights, so long as the state laws adhere to state and federal constitutional limitations. Most of the restrictions on groundwater use enacted by legislatures since 1931 were physical in nature and have been borrowed from the law of oil and gas. As a result, many of the regulations concerning groundwater involve well spacing and the amount of water that can be withdrawn. However, groundwater rights remain mostly the domain of state courts. “ Who Owns the Water

In stark contrast to this view is the belief of many indigenous communities and cultures around the world. “For these indigenous communities, water is more than just a resource, it is a way of life and a crucial aspect of their cultural identity. Indigenous peoples have relied on water for their livelihood, spiritual practices, and traditional knowledge for generations. They have a deep understanding of their interconnectedness between water, land, and all living things. In many indigenous cultures, water is seen as a living entity with its own spirit, and it is believed that human have a responsibility to protect and care for it. For Indigenous peoples, water is not just a commodity, but a language, a community, and a source of knowledge and law.” Water is a Source of Life

As we witness the struggle across the United States over the use and protection of water, is it time to change how we view water?