Paul Egan

Detroit Free Press

LANSING — A federal judge has ordered state officials to deliver bottled water to Flint residents who don't have properly installed and maintained water filters on their kitchen taps.

In a preliminary injunction issued Thursday, U.S. District Judge David Lawson said the state and City of Flint must, effective immediately, deliver four cases of bottled water per resident per week to qualified Flint households.

Essentially, Lawson ordered the state and city officials to deliver bottled water to all Flint homes, unless officials verify, on a regular basis, the home has a properly installed and functioning water filter, or the residents decline delivery. He ordered the state to also keep distribution centers open for residents who decline delivery.

"The court today affirmed that all people have the right to safe drinking water, including the people of Flint," said Dimple Chaudhary, senior attorney for the Natural Resources Defense Council, one of the plaintiffs that brought the lawsuit

Anna Heaton, a spokeswoman for Gov. Rick Snyder, said state attorneys are reviewing the order.

“In the meantime, the state will continue providing free water resources for all Flint residents, including filters and bottled water delivery for those who request it, just as we have been,” Heaton said.

Flint's water became contaminated with lead more than two years ago, in April 2014. After months of denials amid public complaints about the color, taste and odor of the water, state officials acknowledged the public health crisis more than one year ago, on Oct. 1, 2015. The contamination happened when the city was under the control of a state-appointed emergency manager and switched its water source to the Flint River as a temporary cost-cutting measure. The state Department of Environmental Quality has acknowledged it made a mistake when it didn't require corrosion control chemicals as part of the treatment process, resulting in toxic lead leaching from pipes, joints and fixtures.

State officials argued bottled water can be picked up as needed at distribution centers and those who can't pick it up can call 2-1-1 to arrange for delivery. They also argued the cost of delivering water to households would be $9 million per month.

However, "the plaintiffs have offered credible anecdotal evidence that indicates that the distribution network is in flux and not completely effective in providing safe drinking water to several households," Lawson said.

"Despite the substantial efforts of Capt. (Chris) Kelenske (of the Michigan State Police) and others, it is clear that some residents, who are actively seeking safe drinking water, are encountering great difficulty ..."

He said he heard testimony that some residents have stopped calling 2-1-1 because of frustrations with the response, and others don't know the service is available.

'The harm in this case is not environmental; it concerns public health and safety," Lawson said. Also, "the defendants need not deliver water to homes that have properly installed and maintained faucet water filters, as long as the defendants can monitor and verify the effectiveness of the filters."

That will reduce the cost of delivery, Lawson said, but "if the defendants cannot establish that a household is so equipped (with a working filter), then they must deliver the water by other means."

Lawson ordered officials to "provide Flint residents with clear and current information about lead contamination in the drinking water" that states the potential risks and need for properly installed filters. The notices and instructions must be distributed in multiple languages, including English, Spanish, Chinese, Arabic, and Hmong, Lawson said.

►Related: Third phase of Flint water line replacement program starts

"A safe water supply has always been critical to civilization," Lawson said in granting the order sought in a lawsuit brought by Concerned Pastors for Social Change, Flint activist Melissa Mays, the ACLU, and the NRDC.

Defendants in the lawsuit are state Treasurer Nick Khouri and state and city members of the Receivership Transition Advisory Board overseeing Flint as it emerges from state-ordered emergency management.

Lawson said officials must file a progress report by Dec. 16 showing compliance with the order.

"This is a very significant victory for the people of Flint, who now have the assurance from a federal court that they will have access to safe drinking water every day," said Pastor Robert Blake, a member of Concerned Pastors for Social Action.

Senate Minority Leader Jim Ananich, D-Flint, said the judge's order "reinforces how far we still are from fully recovering."

"This emergency is not over and as long as a single person can't get access to the safe water they deserve, the system is failing," Ananich said.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.