Nestle’s Water-Bottling 

Activities Amid California 

Drought Underscore 

A Lack Of Policy Options


Due to crippling drought in California, there’s been a 
crackdown on watering lawns and washing cars. 
Yet Nestle has continued its bottling operations, 
adding to the national debate over corporate 
right and common good.

    California
    In this Feb. 4, 2014 file photo, a warning buoy sits on the dry, 
    cracked bed of Lake Mendocino near Ukiah, Calif.
    WASHINGTON — As large swathes of the western
     United States continue to wither under the effects
     of record-breaking drought, longstanding local
    concerns over water use are becoming increasingly 
    contentious, adding to the national debate over 
    corporate right and common good.

    In recent weeks, a desert area of Southern California 
    has seen focus suddenly turn toward a water-bottling 
    plant owned by Nestle Waters North America, which 
    has continued its operations despite the worsening 
    water crisis. In an outraged action request in 
    mid-August, the League of Conservation Voters, 
    a prominent national lobby group, urged 50,000 
    of its members and consumers to petition the company 
    on the issue.

    “Nestle … is bottling California’s water, selling it, and 
    profiting while the state suffers from a scorching, 
    record-breaking drought,” the groups warned in a 
    series of emails. “Friend, we are fuming. To date, 
    Nestle has refused to acknowledge concerns about 
    the water they are taking.”

    California has been hit particularly hard this year — 
    the third consecutive year of drought — and as of early 
    August, state water supplies were at less than two-thirds 
    capacity. Most of the state is currently experiencing 
    “exceptional drought,” the most severe rating according 
    to a federal scale. Several other states, from Oregon to 
    Texas, are also experiencing moderate to exceptional 
    drought conditions.

    In response, California authorities have put in place 
    a variety of policy and public relations measures, 
    aiming to safeguard dwindling resources. As far 
    back as January, Gov. Jerry Brown requested that 
    the state’s residents voluntarily cut down their water 
    use by a fifth, though this seemed to have only a 
    middling effect.

    Since then, authorities have placed hard caps on the 
    amount of water users can go through each day, and 
    there has been a crackdown on outdoor activities such 
    as watering lawns, washing cars or cleaning sidewalks. 
    Even the state’s lucrative and powerful agricultural sector
    has been forced to scale back its water use, in some places 
    significantly, reportedly already leading to $1 billion in losses.

    Nestle’s bottling operation, however, is located on Native 
    American land, operating under a 25-year lease from the 
    Morongo Band of Mission Indians near Cabazon, in the 
    state’s arid south. Water from the area is bottled and 
    sold under the brands Arrowhead and Pure Life, according 
    to the local media investigation that broke the story in July. 
    The article’s author, Ian James, pointed to federal data 
    suggesting that water levels in the area have been going 
    down by up to 4 feet a year over the past decade.

    Private property or public trust?

    In part because the Morongo are a sovereign nation, 
    Nestle is not required to tell California authorities how 
    much water its Cabazon bottling plant is extracting, nor 
    does it need to confirm whether it is abiding by the state’s 
    broader rationing strategy.

    Still, the company says it is taking important conservation 
    steps, telling MintPress that it is “committed to managing 
    water supplies for long-term sustainability” and clarifying 
    that some 80 percent of the water it bottles in California is 
    sold in the state.

    “Recognizing that no company, person or entity is immune 
    from the effects of the drought, we have planned for and 
    adapted our operations in light of the current situation,” 
    Nestle Waters North America, which is based in Connecticut,
    said in response to a query to the Morongo Band.

    “Our water use management program includes curtailing 
    withdrawals depending on conditions at a spring site. 
    Our monitoring shows that … there is no significant 
    adverse impact on the any springs or surrounding 
    groundwater levels related to the water we withdraw.”

    In Southern California specifically, the company says, 
    it can withdraw water from five springs, and its managers 
    alternate which sources are used based on local conditions. 
    Nestle also noted that the amount of water it withdraws in 
    California makes up just 0.004 percent of the total water 
    use throughout the state.

    Outside experts, too, have cast doubt on the impact that Nestle’s 
    bottling operations are having — or even could have — on 
    California’s overall groundwater reserves. Nonetheless, 
    in conditions of extreme and prolonged drought, the debate 
    around the issue highlights the notable lack of policy options 
    that government authorities, at any level, have to intervene.

    “We’re in a very bad drought right now and it’s time to really 
    manage our public water resources wisely — and Nestle’s 
    operations are really antithetical to good public water 
    management,” Adam Scow, California director for 
    Food & Water Watch, a watchdog group, told MintPress.

    “Yet, the state has no specific policy on water bottling. 
    Here we are in the middle of this drought and no one 
    even knows how much water the company’s taking at 
    that plant or other plants,” he continued.

    Two years ago, state legislators did pass legislation that 
    would have required water companies to report how much 
    water they were bottling, but that bill was vetoed by 
    then-Gov. Arnold Schwarzenegger. Likewise, attempts 
    to have the state’s water authority oversee a comprehensive 
    mapping and analysis of the state’s water resources — 
    to many, a seemingly straightforward step — are again
    being held up.

    Scow said the broader problem underpinning this lack 
    of legislative progress is the fact that California doesn’t 
    formally view water as a resource in the public trust. 
    As a result, it’s one of the very few states lacking comprehensive 
    groundwater regulations.
    “Water is pretty much treated as private property, which is 
    crazy and grossly irresponsible,” he said.

    “This is due to industry opposition, largely from corporate 
    agriculture, which is the big groundwater sucker in California. 
    Most likely, the fear is that if the public knew how much 
    groundwater there is, there would be some limitations 
    on how much water they could take.”

    Lack of policy levers:


    Meanwhile, the current drought affecting much of the 
    American West could continue for years, or worsen in 
    the future due to a changing climate. Last week, 
    researchers at Cornell University warned that the 
    chances of a decade-long drought in the Southwest 
    are as high as 50 percent, and that the chances of a 
    30-year “megadrought” are likewise anywhere from 
    20 to 50 percent.

    “This will be worse than anything seen during the last 
    2,000 years and would pose unprecedented challenges 
    to water resources in the region,” Toby Ault, a 
    Cornell assistant professor and lead author of a 
    new paper on the issue, said in a statement.

    “With ongoing climate change, this is a glimpse of things
     to come,” he added. “It’s a preview of our future.”

    Of course, the prospect of climate change-related drought 
    only increases the likelihood that, in the future, water 
    will likely need to be brought from places of relative 
    abundance and moved to places of relative need. Such 
    a dynamic highlights the likely strengthened role of 
    private companies such as Nestle, but also underscores 
    the need for stringent and forward-looking safeguards.

    So far, however, there have been relatively few local, 
    state or national policies to deal explicitly with such concerns.

    “Unfortunately, bottled water corporations continuing 
    to bottle at high levels even in times of drought is not 
    unprecedented,” Erin Diaz, a campaign director with 
    Corporate Accountability International, a watchdog group, 
    told MintPress. “In fact, there is a clear track record of 
    these companies continuing to extract water at times of drought.”

    Two prominent cases took place during a region-wide drought 
    a half-decade ago. In 2007 in Atlanta, for instance, even as 
    city officials were rationing water and cancelling festivals, 
    Diaz said Coca-Cola continued to bottle in the area at its 
    normal rate. During the same time and even through the 
    following year, PepsiCo likewise continued its bottling 
    operations in North Carolina.

    Diaz said there are few options for authorities in such cases.

    “I’m not aware of any policy levers,” she said. “Even 
    from our side, in the past we've mainly called directly 
    on the corporations to cease their bottling or to meet 
    the same restrictions as are being asked of the public.”

    Still, Diaz said that throughout much of the country the 
    idea of maintaining water infrastructure and ensuring 
    access as a public trust remains strong. Nonetheless, 
    she expressed concern that, in the U.S. and internationally, 
    water companies are actively working against this idea.

    “Since their inception, bottled water corporations have
     used marketing to try to change the way that we think 
    about water — not as a human right but rather as a commodity 
    that can be bought and sold,” she said.

    Yet, communities that have been negatively impacted by 
    this dynamic have repeatedly found ways to safeguard 
    their local resources. For instance, the small town of 
    Wacissa, Florida, was able to reject a plan by Nestle to 
    use water from a local river by passing an ordinance 
    requiring the backing of a majority of its city council 
    before any future water-bottling plan can be approved. 
    Another community, in Michigan, was able to use a legal 
    injunction to limit the amount of water a company was able 
    to bottle from the area.

    “The strength of public water systems is their very clear 
    mandate to provide water as a public trust and ensure equal 
    access in a democratically accountable fashion,” Diaz said. 
    “That’s what’s fundamentally different from a bottling 
    corporation coming in and using that resource for profit.”

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