Iowa Supreme Court Mulls Water Works Farm Drainage Lawsuit

The Iowa Supreme Court heard arguments and must now decide whether to weigh in on a federal lawsuit that pits the water supplier to 500,000 central Iowa residents against upstream farmers accused of contaminating rivers with nitrates from crop fertilizer.  The case was filed by Des Moines Water Works, which is asking the court to decide whether agriculture drainage districts have immunity from lawsuits and whether the water utility can seek monetary damages.  Water Works says it spent $1.5 million last year alone to remove nitrate from water to meet federal health standards. The utility draws water from the Raccoon and Skunk rivers, which have sometimes in recent years exceeded the 10 milligrams per liter considered safe to drink by the Environmental Protection Agency.  Water Works sued three northwest Iowa counties that oversee 10 agricultural drainage districts. The lawsuit is seeking to overturn a century of legal precedent that has protected the drainage systems from lawsuits.  But this is the first time the courts have had to consider the public health impact of pollution sent downstream by the drainage systems, said Des Moines Water Works attorney John Lande.