The Des Moines Water Works federal lawsuit over nitrate runoff into the Raccoon River is taking a detour to the Iowa Supreme Court, says DTN. The lawsuit could set a precedent with its argument that 10 drainage districts in northwestern Iowa should be regulated as “point sources” of pollution and required to meet clean-water standards.
The utility spends millions of dollars a year in removing nitrate from drinking water for 500,000 people in the state capital. Agriculture generally is regarded as a “non-point source” and exempt. U.S. District Judge Mark Bennett certified four questions to be determined by the state Supreme Court on legal responsibility for pollution of state waters. A bench trial is scheduled for Aug. 8 but it may be delayed so the state court can respond.
DTN quoted Bennett as saying, “The answers to these questions are critical to resolving the defendants’ motion for partial summary judgment, which is currently pending before me. Because this case may raise issues of first impression under Iowa law, that should, under the circumstances, be decided by the Iowa Supreme Court, I conclude that I should certify the following questions.” The questions include whether the state’s doctrine of implied immunity shields the drainage districts from the damage claims made by the Water Works, whether state law allows the drainage district to claim constitutional protections, and whether the utility has a property interest in the river water and can file a lawsuit over it, said DTN. Those issues have been raised in the lawsuit.
The Water Works wants the districts to help pay for new nitrate-filtering equipment. The drainage districts say they are not responsible for nitrate levels hundred of miles from their location.