The Des Moines Water Works board of trustees unanimously voted Tuesday to move forward with a lawsuit against three upstream counties and their drainage districts in an effort to address worsening nitrate pollution that threatens Greater Des Moines’ drinking water quality.

Iowa agriculture groups were quick to condemn the board’s action, saying that the lawsuit “risks slowing the momentum of the nationally recognized Iowa Nutrient Reduction Strategy implemented with bipartisan legislative support in 2013.”

The five-member board’s vote clears the way for Des Moines Water Works to file suit against the Sac County Board of Supervisors, Buena Vista County Board of Supervisors and Calhoun County Board of Supervisors, in their capacities as trustees of 10 drainage districts, for the discharge of nitrate pollutants into the Raccoon River, and failure to obtain a National Pollutant Discharge Elimination System permit in violation of the Clean Water Act.

Prior to the vote, Board Chairman Graham Gillette said the board could find no common ground with Gov. Terry Branstad and state Agriculture Secretary Bill Northey during the required 60-day waiting period – which ended Tuesday – following its notice of intent to sue.

“One of the more discouraging items of note is that while these officials continue to suggest we join the Nutrient Reduction Strategy talks, not one responded in any substantive way to the claims we have made in the intent to sue,” Gillette said. “Frankly, they did not acknowledge the significant threats faced by those we serve in any way. It appears as though our struggles take a back seat to the narrow interest of those who developed the governor’s strategy.”

Water Works sampled water in the three counties over most of last year and found levels at times were nearly four times the federal drinking water limit of 10 milligrams per liter. High nitrate levels this winter have forced the utility to operate a costly nitrate removal facility, and if not addressed the high levels will require the utility to spend up to $180 million to construct an added treatment facility.

More than a dozen Central Iowa residents, many of them members of Iowa Citizens for Community Improvement, spoke in favor of the board’s action and presented a petition they said had 859 signatures in support of the lawsuit.

“My concern is for the people in the small towns who don’t have the nitrate reduction facilities,” said Mary Clark, a southeast Polk County resident who spoke in favor of the lawsuit. “What’s disturbing to me is that it’s not the people who pollute, but the people who are drink the water, who are required to pay.”

Agriculture groups did not comment during Tuesday’s public hearing prior to the vote, but in a prepared statement said that “merely enacting regulation will do nothing to improve water quality.” The groups, which include the Iowa Farm Bureau Federation, Iowa Corn Growers Association, Iowa Pork Producers Association and other industry associations, said they will “remain focused on empowering farmers and landowners to select and use scientifically proven practices that can have a real impact on water quality, which benefits all Iowans.”

Des Moines Water Works CEO Bill Stowe said that because drainage districts transport nitrate pollution through a system of channels and pipes, they should be recognized and held accountable like any other point-source polluter.

“We are not seeking to change agriculture methods, but rather challenging government to better manage and control drainage infrastructure in order to improve water quality within the state,” Stowe said.

Des Moines Water Works’ board also authorized Tuesday spending up to $22,000 for legal costs, with an option for Stowe to seek further funds as needed. The board established a legal defense fund to which residents can contribute funds to support the lawsuit.

Gillette said he expected the suit would be filed by Friday in U.S. District Court in Des Moines.

The Taxpayers Association of Central Iowa will hold a free event Thursday beginning at 4:30 p.m. at Wakonda Club at which Stowe and Gillette will speak about the reasons for Des Moines Water Works proceeding with the lawsuit. For more information and to register, click here.