The trial of the potentially precedent-setting lawsuit by the Des Moines Water Works over high nitrate levels in river water was rescheduled to June 26, 2017, rather than starting this August, reports the Des Moines Register. The lawsuit says federal clean-water laws should apply to agricultural runoff that flows through drainage districts in three northwestern Iowa counties and into the Raccoon River, a source of drinking water for Iowa’s capital city and suburbs.
“The case was delayed due to court conflicts and a request to the Iowa Supreme Court to determine whether the drainage districts can be sued for damages,” said the Register. The counties have claimed sovereign immunity from lawsuits and also say the districts have no control over water draining from farmland. Agriculture generally is exempt from federal antipollution laws, so the lawsuit would test the statutory boundaries.
According to the Water Works, it cost $1.5 million to remove nitrates from river water in order to meet federal standards for drinking water. The Register quoted Water Works chief executive Bill Stowe as saying, “The leaders of Iowa’s largest agribusinesses and Iowa’s governmental leadership have argued they need ‘more time’ to address nitrate pollution — a year’s delay will give them a chance to prove whether ‘more time’ can lead to improving Iowa’s water quality, or was just more talk to avoid protecting Iowa’s environment.”