Posted July 20, 2015
The Des Moines Water Works lawsuit against three northwest Iowa counties over water quality is scheduled to be heard by a federal trial judge, beginning Aug. 8, 2016, according to a Des Moines Register article available here. Siouxland Matter also published an article available here.
U.S. District Court Judge Mark Bennett expects the bench trial in Sioux City to last up to two weeks.
The Des Moines utility is suing Buena Vista, Calhoun and Sac counties claiming that the drainage districts present act as conduits for nitrates to move from farm fields into the Raccoon River, one of two sources of drinking water for 500,000 residents in the Des Moines metro area, according to Siouxland Matters.
Ag leaders have encouraged growers to adopt more conservation practices outlined under the voluntary Iowa Nutrient Reduction Strategy to keep nitrogen and other nutrients on farm fields. In the last year, the state provided $9.6 million legislative session for conservation and water quality initiatives, according to The Des Moines Register.
Chris Hensley, a Des Moines City Council member and Iowa Clean Water Partnership leader, said the lawsuit is “not the right path forward.”
“Legal action will create a divide between rural and urban Iowa and do nothing to reduce nitrate levels. Collaboration will increase participation in conservation efforts, such as the Nutrient Reduction Strategy, and make a positive impact on water quality.
Bill Stowe, the utility’s CEO, said the utility is confident the lawsuit “will lead to greater environmental protections in Iowa.”
Stowe criticized what he called farm propaganda on water quality, pointing to TV ads from the newly created Iowa Partnership for Clean Water. Instead, he said, the utility wants “substantive discussions about what will protect the quality of the Des Moines and Raccoon rivers.”
Stowe said recent high nitrate levels prompted the Des Moines utility to run its nitrate removal plant for more than 150 days, longer than ever before. It stopped using the plant late last week.
A final pretrial conference is scheduled for July 26, 2016, according to Siouxland Matters.
For more information on water law, please visit the National Agricultural Law Center’s website here.
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