A U.S. district judge rejected the legal underpinnings of the Des Moines Water Works’ lawsuit that sought to hold drainage districts in northwestern Iowa responsible for nutrient runoff from farms. The judge dismissed the case, ending the chances for a precedent-setting interpretation of clean-water laws. Agricultural runoff generally is exempt from the water pollution laws, but the Des Moines utility argued that the drainage districts were identifiable “point” sources of pollution and should be required to meet clean-water standards.
Chief Judge Leonard Strand, based in Sioux City, said it was the legislature’s job to deal with water quality problems.
Iowa Gov. Terry Branstad hailed the end of two years of litigation, which included a referral of some questions to the Iowa Supreme Court. The Des Moines Register quoted him as saying, “From the very beginning, we’ve attempted to work in a collaborative way with our partners in the field and our communities to improve water quality in Iowa.”
State officials and agricultural groups say the best way to resolve water-quality issues is the state’s Nutrient Reduction Strategy, with its goal of a 45-percent reduction in nitrogen and phosphorus levels in water leaving the state. The plan relies on voluntary compliance by farmers, and critics say it lacks a deadline and sufficient funding to meeting its goal.
Water Works general manager Bill Stowe lamented Judge Strand’s decision. “Perhaps the state Legislature should now spend its time addressing meaningful, long-term, sustainably funded policy solutions to our serious water problems instead of meddling in affairs best left to local communities,” said Stowe.
His statement referred both to the nutrient-reduction plan and a bill in the Iowa House to disband the Water Works board. The utility calls the House bill a diversionary tactic. “The real problem is source water quality in the state,” it says.
Stowe said the Water Works board was considering its options. Its trustees approved the lawsuit because of the high cost of removing excess nitrates from Raccoon River water that is the source of drinking water for 500,000 people in Des Moines and its suburbs. High levels of nitrates in water can cause the so-called blue baby syndrome. The drainage districts sued by the utility in Sac, Buena Vista and Calhoun counties discharge water into the Raccoon River.
In late January, the Iowa Supreme Court ruled that drainage districts are immune from damage claims, such as the Water Works’ demand of compensation for its costs in removing nitrates from drinking water. The utility says its spent $1.5 million last year, and will need to invest $80 million for additional equipment.
The Des Moines case attracted national attention with its possibility of a broader definition of “point” sources, which usually are a factory smokestack, a sewer or a water-treatment plant.
In a statement, the Water Works said its contention that agricultural tile lines, which drain water from fields, are a point source was not resolved by Strand’s decision. The judge said the drainage districts have no control over nutrient levels, so the utility had no basis to sue them.