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Des Moines Water Works intends to sue rural Iowa counties over pollution

In a move with implications for urban-rural government relationships nationwide, the Des Moines Water Works has issued a notice of intent to sue three rural counties for discharging pollutants under the Clean Water Act and an Iowa law.

The Water Works board of trustees has voted unanimously to issue a notice of intent to sue, under the Clean Water Act and Iowa Code Chapter 455B, to the Sac County Board of Supervisors, Buena Vista County Board of Supervisors and Calhoun County Board of Supervisors in their role as governing authority for 10 drainage districts that are discharging pollutants into the Raccoon River.

“Des Moines Water Works uses both the Raccoon and Des Moines rivers as water sources and has experienced extremely high concentrations of nitrate in both rivers in the spring and summer of 2013 and the fall and winter of 2014,” the utility said in the notice posted on its web site.

“Drainage districts are a source of high nitrate concentration in our water supply and the Sac County Board of Supervisors have failed to take any meaningful action to protect downstream users from unsafe levels of nitrate introduced into the Raccoon River,” said Bill Stowe, CEO and general manager.

“Des Moines Water Works is taking this decisive action to underscore that the degraded condition of our state’s source waters is a very real problem, not just to Des Moines Water Works, but to the 500,000 customers we serve, as well as to Iowans generally who have a right of use and enjoyment of the water commonwealth of our state,” Stowe said.

“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,” he said.

“Water quality improvements in Iowa demand accountability for protecting against water degradation by all sectors, including local governments and agriculture. 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 contributor.”

▪ Des Moines Water Works — Trustees Issue a Notice of Intent to Sue for Polluted Drinking Water