Water Works requests damages in federal suit

Des Moines Water Works says it spent more than half a million dollars removing nitrates from central Iowa drinking water this winter. That's one slice of a federal complaint filed Monday against three counties in northwest Iowa.

The long-anticipated lawsuit in the U.S. district court of northern Iowa claims the supervisors of Buena Vista, Calhoun and Sac counties are violating the federal Clean Water Act by operating drainage districts without permits for pollutant discharge.

The public utility wants compensation for damages and a federal judgment against 10 drainage districts within those counties. It says they pose "a nuisance, a trespass; negligence … unconstitutional taking of rights."

Water Works officials claim pipes and elaborate tiling systems channel excessive nitrates directly into the Raccoon River — a primary source of drinking water for about half a million central Iowans.

Those nitrates eventually feed into the Mississippi River and make their way to the Gulf of Mexico.

The drainage systems threaten and limit central Iowa's drinking supply and drive up the cost to remove pollutants from the water supply, according to the lawsuit.

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Des Moines Water Works spent $540,000 to run a nitrate removal facility for 97 consecutive days this winter, according to Water Works officials.

They say that's the longest the facility has ever run during the winter due to unprecedented levels of nitrates in the Raccoon River. The nitrate removal facility was shut down last week for the first time since early December.

If nitrate levels are not lowered, Water Works officials say they will be forced to spend more than $70 million for a new nitrate removal facility.

"The facility we have is 20-some years old and it's old technology," said Graham Gillette, chairman of the Water Works board of trustees.

New, costly technology would allow Water Works to permanently remove nitrates from the river. It would replace a process that uses salt and ultimately pumps nitrates back into the river after purifying water for drinking – a point emphasized by critics of the lawsuit.

Since the suit surfaced, many people have suggested a tax for farmers to share the added costs at Water Works. But officials with the utility say that approach misses the point.

"The problem is that these pollutants are in the water in the first place," Gillette said, noting dollar figures as just one of the impacts. "The big question is, 'What is a better way for us to prevent these pollutants from getting into the system to start with.'"

The 10 districts in the lawsuit represent a mere fraction of the 3,000-some similar drainage districts across Iowa. Each operates without a permit, free of regulations from the Clean Water Act, according to John Torbert, executive director of Iowa Drainage District Association.

"We believe it to be exempt because (U.S.) EPA — and (Iowa) DNR as their regulatory arm in the state — have never said otherwise. EPA has never required permits for drainage activity," Torbert said.

"Non-point sources, where the pollution arises from many dispersed activities over a large area are not regulated."

The lawsuit aims to bring districts under the umbrella of the Clean Water Act umbrella, with permits and regulations.

Des Moines attorneys John Lande and Richard Malm will represent Des Moines Water Works in the legal proceedings. The boards of supervisors for the three counties selected Belin McCormick law firm for representation.

The supervisors in those counties and their attorneys have declined to comment or share specifics about the lawsuit.

"We have just received the suit papers and have not yet had a chance to review the complaint," attorney Mark McCormick said Monday. "It would be premature for us to comment further at this time."

Water Works fund

Des Moines Water Works has created a "Clean Water Defense Fund" for donations to help offset legal costs associated with the lawsuit filed against Buena Vista, Calhoun and Sac counties.

Contributions can be made in person or by mail at Des Moines Water Works, 2201 George Flagg Parkway, Des Moines, IA 50321.