Water Quality– Iowa Case Resolves One Issue, Clean Water Act Permitting Issue Remains Open

A case filed by Des Moines Water Works (DMWW) involving financial damages from treatment of this water recently made its way to the Iowa Supreme Court.  On Friday, January 27, the Iowa Supreme Court resolved one issue associated with the DMWW case; however, non-point source permitting issues under the Clean Water Act will still be considered by a trial court in June. “Bill Stowe, chief executive officer and general manager of Des Moines Water Works, said in a statement to DTN the water utility would continue to pursue the case in federal court…’Unresolved questions of permitting and, ultimately regulation, are not addressed yet, and remain at the heart of the federal case…'” Mr. Neeley added that, “If successful, it is believed the legal action could lead to regulating farm ground as a pollution point source in Iowa and perhaps across the country if legal fever spreads. It could require farmers to pay for expensive permits for normal farm practices, as well as restrict the use of fertilizer or other farm chemicals.”