The Register's Editorial: Not enough was done to avoid water lawsuit

Two months ago, the Des Moines Water Works informed three north-central Iowa counties of its intent to file a lawsuit arguing they are responsible for pollution affecting the utility's water supply. The 60-day delay is required by law to give parties an opportunity to work out differences rather than go to court.

That opportunity has come and gone, and nothing has changed. So the Water Works Board of Trustees voted Tuesday to proceed with the lawsuit.

That is not surprising. It was unrealistic to believe the parties could reach common ground in two months on an issue that has bedeviled this state for decades. It is disappointing nonetheless. The Branstad administration and agricultural industry defenders dug in their heels and lost a chance to pursue solutions.

The fact is, many Iowa farmers are sincere about wanting to improve soil and water quality in this state. And many of them are taking steps to improve farming practices to make that happen. But there is no reliable evidence that those efforts are working, or if they are, that they will significantly improve water quality in the foreseeable future.

Sadly, those dedicated farmers are badly represented by leaders in state government who refuse to see the urgent need for statewide action. Instead, they stubbornly reject any hint of enforcement, and insist that a totally voluntary strategy will eventually reduce levels of water pollution from agricultural fertilizer and livestock waste. Yet, at the same time, they resist setting precise goals and timetables for improving water quality based on regular monitoring close to the source of agricultural pollution.

It is true that the job will be very expensive — estimated to require an initial investment of as much as $4 billion in the state's 2012 Nutrient Reduction Strategy report — and it likely will take decades to reach a modest goal of reducing excess nutrients by 45 percent.

In the meantime, the utility that delivers treated drinking water to half a million customers in the Des Moines metropolitan area must meet strict standards — mandatory, not voluntary — set by the U.S. Environmental Protection Agency. As a result, the Water Works has spent $540,000 just since December to operate its nitrate-removal facility. And it faces an investment of tens of millions to replace that treatment facility, which will undoubtedly raise water customers' rates in coming years.

So we understand why the Water Works board is not satisfied with vague promises from Iowa agricultural leaders. It wants more tangible evidence that the state is moving in the right direction on a reasonable timetable.

The lawsuit to be filed in federal court as soon as today is a blunt instrument to bring this issue to a head, to be sure, but Water Works officials say other avenues have failed. The premise of the suit is that the EPA would not allow a factory to dump pollution in a river without strict regulation, and farmers should be held to the same standard if they send nutrient pollution into the river through pipes that drain farm fields.

Such a ruling would be a radical approach for a federal court to take on a law that has explicitly exempted agriculture from water-quality regulation. But the lawsuit will be worth the time and expense if it forces this state to finally recognize the urgency of this issue and take swift action to assure its water is safe for human consumption.