The Des Moines Water Works (DMWW) was dealt a setback in its pursuit to hold agricultural drainage districts liable for costs associated with removal of nitrates and other pollutants found in runoff from tile drainage systems that is discharged into its source waters. The Iowa Supreme Court ruled under the state law that the drainage districts have immunity and are not legally liable for damages and DMWW will not be able to recover costs incurred for running its nitrate removal facility.
The State case does not affect DMWW’s Federal lawsuit focused on requirements for obtaining discharge permits under the Clean Water Act (CWA). In a press conference following the ruling, DMWW CEO Bill Stowe expressed his disappointment in the State Supreme Court ruling, but emphasized that the Federal case is very much still in play and that he believes DMWW has a strong case under the CWA. The next hearing in the Federal lawsuit is scheduled June 28 and will be closely watched not only for the potential impact on Iowa and DMWW, but on agricultural discharge practices nationwide.