Federal Judge Dismisses Des Moines Water Works’ Lawsuit

A federal judge has dismissed a lawsuit filed by the Des Moines Water Works against several upstream agriculture drainage districts, dismissing the utility’s claims and stating that the Iowa Legislature is the appropriate body to address the state’s water quality crisis.

Bill Stowe, chief executive officer and general manager of Des Moines Water Works, told KCCI on Friday evening that he’s disappointed with the decision but expressed congratulations to the Farm Bureau and its allies which opposed the lawsuit.

“We are disappointed in the ruling and the court’s unwillingness to recognize the profound water quality impacts that pollution from drainage districts has on Iowa waterways,” he said. “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.”

Stowe said the company will consider options for continued water quality protection in the state and understands the bureau’s position.

The water utility for 500,000 Iowans alleged the three counties — Sac, Buena Vista and Calhoun — that oversee 10 agricultural drainage districts should be required to obtain federal water pollution discharge permits and pay the utility more than $1.4 million it has spent for increased filtration methods to remove the nitrates from water.

Iowa Secretary of Agriculture Bill Northey praised the judge’s decision, releasing this statement: “The dismissal of this lawsuit is very welcome news and takes away an unnecessary distraction from the collaborative efforts underway to improve water quality in Iowa. Iowa farmers, landowners, cities, businesses, homeowners and many other partners are taking on the challenge of improving water quality and we are seeing exciting results. There is still a lot of work to be done, but I truly believe that by working together, we can make big strides.”

A spokeswoman for the Iowa Corn Growers Association released a statement Friday evening, saying in part: “This is good news for our state. The lawsuit has been a distraction to the implementation of Iowa’s Nutrient Reduction Strategy, which was started in 2013. This favorable outcome will allow Iowa farmers to continue to advance our efforts of improving soil and water conservation without the inflexibility of burdensome regulations.”

The Iowa Supreme Court in January upheld a legal doctrine going back 100 years in Iowa that allows agriculture drainage districts to maintain immunity from lawsuits seeking monetary damages.

The Water Works board of trustees will review its options.

Source: www.kcci.com www.kcci.com

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