Draft:2014 Detroit Water Rights Conflict

The 2014 Detroit Water Rights Conflict was a water rights and environmental justice conflict that began in the spring of 2014. Detroit's Emergency Manager, Kevyn Orr, ordered the shutoff of water for 150,000 Detroit residents as a result of late or unpaid water bills. As a result, protests occurred in the summer of 2014, when residents and local social justice groups gathered to mobilize concerns about human rights violations. On July 29, 2014, Orr gave control of the Detroit Water and Sewage Department (DWSD) to Mayor Mike Duggan. Duggan did not alter the existing policies under Orr regarding water shutoffs; however, Duggan did promise a new plan for how the city would handle the issue. The conflict was never completely resolved. As of 2020, over 50,000 new homes have had water shutoffs occur within the City of Detroit, following the policy established by Orr.

Timeline

• April 2013: Detroit Water and Sewage Department (DWSD) signs a $6 million contract with Carlton, Homrich Wrecking Inc. (a Michigan-based demolition company) to facilitate a "Water Shut-Off/Turn-On" project.
• April 7, 2014: DWSD owes $118 million in unpaid water bills.
• Spring 2014: Orr announces the shutdown of 150,000 residents' access to water through DWSD. 20,000 homes are immediately affected.
• June 10, 2014: Protests begin. 8 people were arrested after protesting outside Homrich Inc.
• June 17, 2014: Detroit City Council approves a water rate increase to residents of 8.7%.
• July 6, 2014: The Water Department continues to shut off services.
• July 8, 2014: Concerns begin to be publicly vocalized about the welfare of children affected by water shutoffs.
• July 8, 2014: The State of Michigan gives $1 million to help pay for unpaid/late water bills for Detroit residents affected by the water shutoffs.
• July 15, 2014: Conflict continues to grow as local news sources report on abandoned buildings spewing water, and residents who face water shutoffs claim they never received their water bills.
• July 21, 2014: City of Detroit delays water shutoffs for an additional 15 days following public protest.
• July 29, 2014: Orr transfers power over DSWD to Duggan. Duggan promises changes to the water department.
• July 30. 2014: Two Detroit residents file legal proceedings to collect $4,400 from DWSD following water shutoffs.
• August 2, 2014: DSWD hosts a Water Affordability Fair.
• August 4, 2014: Additional water shutoffs for Detroit homes continue.
• August 6, 2014: Detroit announces the sale of $5.2 billion in debt of DWSD.
• August 7, 2014: Detroit announces a water bill collection plan.
• August 18, 2014: General Motors Company and Ford Motor Company donate thousands to the Detroit Water Fund.
• August 25, 2014: DWSD announces water shutoffs will end.

Background

In 2010, the United Nations declared water a basic human right. This had historical opposition by the United States, as individual states have ultimate legislative decision over rights to water.

In March 2013, Governor Rick Snyder appointed Kevyn Orr as the "Emergency Manager" of Detroit, following the city's declaration of financial emergency. He was appointed with the intention of managing Detroit's bankruptcy and making financial decisions for the city. In April 2013, the DWSD signed an agreement with Homrich Wrecking Inc. to begin mitigating water access to residents. On July 18, 2013, the City of Detroit filed for Chapter 9 Bankruptcy, marking the largest municipal bankruptcy in U.S. history. Part of Orr's initiative was to keep the city as financially stable as possible following the bankruptcy.

The Conflict

In April, 2014, DWSD announces they were in debt $118 million due to unpaid water bills, attributed to residents who had not paid their water bills or paid late. DSWD announced the shutdown of over 150,000 residents’ access to water in response to their collected debt. The immediate shutoff affected 20,000 homes.

Following the initial watershut off, 7,210 more home lost access to water in June, 2013. On June 10, 2013, protests begin at Homrich Wrecking Inc., with protestors standing outside of the entrance gate to their office building, resulting in forceful removal by police. Protests continued through the summer, with about 3,000 homes receiving access to water again. In mid-June, the Detroit City Council approved a tax, increasing the rate for water by 8.7%. In early July, more water shutoffs occurred. In response, local advocacy groups and residents began vocalizing concerns about violations of water human rights, especially with children and families being heavily affected by the water shutoffs. On July 21, 2014, the City of Detroit announced delays in further water shut-offs in response to public protest. July 22, DWSD announces they will be holding a Water Affordability Fair. Additionally, DSWD also announced a $1 million fund to help customers that couldn't afford their water bills.

On July 29, 2014, Orr announces all power over DSWD would be transferred to Duggan. Duggan promised to make changes to the water department, but did not promise or directly address turning water back on for residents, continuing to publicly agree with Orr's general policy about shutting off water for late or unpaid bills. However, Duggan criticized water department officials in their lack of sensitivity in handling the water shutoffs. A legal proceeding was filed on July 30, 2014, by two citizens who requested $4,400 in response to their water being turned off by the city.

In response to the public protests, DSWD hosted a Water Affordability Fair on August 2, 2014, an opportunity for residents to vocalize concerns and questions about the water shut-offs. Additionally, DSWD marketed the ability to assist customers with financial hardship. Despite this, additional water shutoffs are announced on August 4. Following continued and heightened backlash from the public and media, the City of Detroit announced the sale of DWSD, due to $5.2 billion in debt the department was facing.

Duggan announced on August 7, 2014, a ten-point plan to address water bill collection while also being able to turn water back on for some residents. Following this announcement, on August 18, General Motors Co. and Ford Motor Co. announced they will donate thousands to the Detroit Water fund, as major and prominent companies in the Detroit Metro Area. United Way also donated money to the fund, resulting in $200,000 total being granted to the Detroit Water Fund. On August 25, 2014, DSWD announced that the temporary halt to new shutoffs would stop, and shutoffs continued.

Environmental Injustice

The 2014 Detroit Water Shutoffs are considered a form of environmental injustice. The shutoffs predominantly affected marginalized communities economically and racially.

Residents and activists argued that those being affected by the water shutoffs were individual residents in lower-income and predominantly African American areas. Larger corporations (such as Joe Louis Arena and Ford Field) had much larger unpaid water bills, but still had access to water through DWSD.

Various activist groups became involved in the water shutoff conflict, including the Detroit Water Brigade, with a direct but nonviolent action plan in protest. On July 21, 2014, a group of Detroit residents filed a class-action lawsuit with the U.S. Bankruptcy Court. The basis of their suit was that the shutoff of low-income households' access to water violates Constitutional rights. (cite 5 from EJAtlas).

There has not been a definitive solution to this conflict, as water shutoffs continue to happen in Detroit, with over 50,000 additional shutoffs happening between 2014 and 2020.