Water news: Judge hears Water Works lawsuit arguments; nitrate levels on the rise again
The Sioux City Journal reported that the U.S. District Court in Sioux City on Monday held one of its first sessions of oral arguments in Des Moines Water Works’ lawsuit against three northwest Iowa counties over nitrate pollution.
The question: Whether the drainage districts run by the counties — Sac, Buena Vista and Calhoun — can be sued for damages. Des Moines Water Works has run its nitrate-removal plant 160 days this year alone at a cost of over $1 million, and it expects to restart it by the end of the month because of high nitrate levels in the Raccoon River.
“These entities can’t do anything about it. They can’t control the land. They do what they’re told to do. They are merely a vehicle set by the Legislature to drain land,” said Michael Reck, a Des Moines attorney who represents the counties’ boards of supervisors.
The counties want U.S. District Judge Mark W. Bennett to dismiss eight of the 10 counts filed against the drainage districts. Those counts include nuisance, negligence, trespassing, taking without just compensation and due process and equal protection claims, the Journal reported.
Des Moines Water Works contends that the counties should be regulated under the U.S. Clean Water Act to better control the nitrate pollution, and it wants damages assessed because of expenses related to treating the polluted water.
The drainage districts’ arguments for dismissal are based on outdated rulings, and they should be held liable for the pollution in the water drained from the land they cover, said John Lande, an attorney representing Des Moines Water Works.
“The drainage districts’ immunity is from a different time and different era. We believe the drainage districts’ immunity as applied to this case is inapplicable,” Lande said. “They believe they have the right to create the infrastructure to drain land, but no authority to clean up the pollution it creates. Des Moines Water Works says that is an irrational position.”
Bennett hopes to rule by mid-January.
Water Works, Part 2: Rainy stretch brings nitrate spike in Raccoon
Recent rains had dropped nitrate levels in the Raccoon River to below the drinking water standard, but the past week brought another spike.
This morning, nitrate measured 14 milligrams per liter at Sac City, well above the drinking water limit of 10 milligrams per liter.
The Des Moines River nitrate levels have varied in recent days, but were running slightly above the drinking water standard.
Bill Stowe, Des Moines Water Works CEO and general manager, said the utility was able to shut down the nitrate system last week as rains filled the shallow aquifer at the plant, but he expects to restart it by the end of the year due to rising readings. See the data online.
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