By BRIAN LEAHY
of The Gazette
Saying the project has violated zoning laws, an environmental group is calling for Perrier to cease using its test wells and not build high capacity wells for a proposed bottling plant in Adams County.
The Waterkeepers of Wisconsin, which membership includes numerous property owners of Lake Mason downstream from the well sites and other nearby property owners, filed suit in Adams County Circuit Court Wednesday, Oct. 18, against Great Spring Waters of America, a Perrier subsidiary, and the owners of the two well sites. Stevens Point attorney Gary L. Dreier of First Law Group is representing the Waterkeepers of Wisconsin.
In its suit, Waterkeepers claims the installation of test wells and proposed installation of high capacity commercial production wells violate Adams County zoning laws. Test wells at the Jensen site, owned by Roland and Sandra Lee Jensen, Wisconsin Dells, violate the Adams County shoreland protection ordinance, because the ordinance does not permit commercial structures in a shoreland protection district. Test wells at Buckley Springs, owned by Buckley Springs Trust, are in an exclusive agricultural district, a zoning classification not allowing commercial structures like the test wells. The drilling, construction and installation of any future high capacity commercial production wells at either site would also violate zoning rules, the suit claims.
Waterkeepers wants an injunction during the pending court action, and on a permanent basis, restraining the defendants and their agents from utilizing the Jensen and Buckley Springs test wells; forbidding drilling, constructing or utilizing test or production wells at the sites; and ordering the removal of all test wells in violation of the shoreland protection and zoning ordinances.
Waterkeepers says it has status and standing to bring this action based on the public trust doctrine. Certain members of Waterkeepers have substantial interests which are threatened by the installation of the bases in that the withdrawal of substantial quantities of water threatens the shoreline properties on Lake Mason and the quantity and quality of water in wells of members who own property near the proposed Perrier wells. The withdrawal also threatens area wetlands and wildlife habitat, the suit claims.