Nestlé Ends Waitsburg Water Investigation

WAITSBURG – Following weeks of contention, protests, and the resulting resignation of the town's mayor, Waitsburg's City Council decided to cut short any involvement with Nestlé Waters North America at their Aug. 17 council meeting. Nestlé representative Bruce Lauerman said the company, which had hoped to evaluate Waitsburg as a potential site for a $50 million water bottling plant, said the company will leave quickly and quietly.

Mayor Pro-tem Marty Dunn ran the meeting and immediately addressed the audience – many who were wearing anti-Nestlé stickers that had been handed out at the door – saying there would be absolutely no further public input regarding Nestlé.

"We've had public comment the last two meetings. I believe the council has enough information to decide how they want to go," Dunn said when council member K.C. Kuykendall questioned the no-comment request.

City Attorney Jared Hawkins addressed the council emphasizing that Nestlé has not submitted an application or permit to the council so, pursuant to state and local law, the council could not deny a plan of action. He said the council would be limited to making a statement to either the citizens or to Nestlé stating their position or thoughts.

Council member Kate Hockersmith said there was no question about her feelings on the project. "I don't think there is any transparency. I don't think there is any truth to be had here, and I think it's a very bad idea for our town. I have heard nothing but bad and negative comments from our citizens," she said.

Council member Karl Newell expressed concerns that low water levels on Coppei Creek has endangered the salmon and steelhead runs. "I don't think we can make any commitment to the sale of our water until the fisheries are satisfied," he said.

"I wonder how all of this would have gone down if it had been anything besides Nestlé," said council member Kevin House. "But I think we're at the point of no interest at this time," he added.

Kuykendall agreed. "If it was other than Nestlé, I think this conversation would be different. And I'm not sure that is ethical, honest, or even legal. I would never make a decision on the grounds that it is Nestlé," he said. Still, he acknowledged that an "overwhelming number" of citizens had expressed opposition to the project.

"Given the current vacancy of the mayor position and our inability to get the cow back in the barn I think the prudent thing would be to pause on selling the majority of our water to any user," he said.

Hockersmith said the opposition was not strictly about Nestlé. "This is the second time water bottling has come up and it has torn the town in two twice now in 25 years. I would prefer to never see this happen again. It's not a Nestlé thing that's happening here. It's a water bottling thing that's happening," she said.

Dunn requested a motion from the council asking that the city send a no interest letter to Nestlé. Newell made the motion and Hockersmith seconded.

Prior to the vote, Kuykendall called for further discussion. "The details of the letter matter. I don't think it would be appropriate for the City of Waitsburg to send a letter saying, 'Nestlé, we're not interested in talking to you anymore.' That's immaterial. What are the points we want to communicate and how do we do it in such a way that doesn't invite litigation?" he asked.

"Just because we send a letter doesn't mean they're going to cease and desist the exploration of a $50 million potential," he added.

Let's ask the man sitting right there. He's got your answer," said Dunn, pointing at Lauerman. Several audience members objected, saying there was to be no public comment but Lauerman was eventually given the floor, after asking for "just one minute."

"I hear what you're saying. You don't want Nestlé to come here. You have concerns. You don't need to send a letter. We're gone. I am gravely disappointed because I do believe in this project. We could have done a lot of work here and shared it with the city openly. Don't anguish over a letter. We're not going to litigate. We're just going to leave," he said as the crowd burst into applause.

Following discussion, Hockersmith and Newell voted in favor of sending a letter and House and Kuykendall voted against. Dunn cast the tie-breaking vote and requested that Hawkins and Hinchliffe draft a letter that would come before the council for approval.

The public outcry over Nestlé began last month when Lauerman attended Waitsburg's July city council meeting with the intent of briefing the council on the company's plans. Nestlé had issued a press release the day prior stating they were interested in evaluating the city's spring water system and possibly investing approximately $50 million to build a water bottling facility that could employ 50 employees.

An unprecedented number of citizens attended the July meeting, and many made it clear they weren't interested in what Lauerman had to say. Instead, the focus turned to Mayor Walt Gobel and City Administrator Randy Hinchliffe, who had been in quiet discussions with Nestlé for months and had recently allowed the company's subcontractors into the city's watershed to do some clearing and exploratory work, unbeknownst to the council.

Over the next month, residents made their voices heard through public protests, petitions, anti-Nestlé social media pages, and a special city council meeting at Town Hall. Mayor Gobel, who said he wasn't given the opportunity to respond to the allegations against him, resigned.

On Aug. 18, the day after last week's council meeting, Nestlé issued an official statement from Lauerman:

"We are disappointed that the Waitsburg City Council has decided not to move forward with the due diligence process related to our proposed siting of a water bottling facility. This facility would have brought many benefits to Waitsburg and the local area, including a direct investment of some $50 million and the creation of 50 full-time jobs. We are committed to transparent, public dialogue, including publicly communicating our plans and activities as soon as possible wherever we operate.  We regret any impression that this was not the case during our initial discussions with Waitsburg officials. Our focus on 'creating shared value' means that in order for Nestlé Waters to succeed, we need to ensure that the communities and environment around us also prosper," the statement said.