Des Moines Water Works won’t appeal lawsuit

Kelsey Kremer/The Register Des Moines Water Works will not appeal a federal judge’s decision to dismiss the utility’s lawsuit against 10 northern Iowa drainage districts over high nitrate levels in the Raccoon River. The Water Works Board of Trustees unanimously made the decision Tuesday, ending a more-than-two-year legal battle. “Central Iowa will continue to be burdened with expensive, serious and escalating water pollution problems,” Water Works CEO Bill Stowe said in a news release. “The lawsuit was an attempt to protect our ratepayers, whose public health and quality of life continue to be impacted by unregulated industrial agriculture.” Des Moines Water Works filed a federal lawsuit in March 2015, claiming drainage districts in Sac, Buena Vista and Calhoun counties were funneling high levels of nitrates into the Raccoon River, a source of drinking water for 500,000 central Iowa residents. The board agreed to spend $1.35 million to pursue the lawsuit. “The board views these resources would be better spent finding other avenues to pursue environmental protection rather than legal action, like trying to affect public policy through lobbying,” Stowe said. The lawsuit contended that drainage tiles used to make farmland more productive were short-circuiting natural conditions that otherwise keep nitrates from entering streams and rivers. The utility sought damages and penalties for the costs it incurred removing nitrates from central Iowa drinking water. Water Works said it spent $1.2 million to operate its nitrate removal equipment in 2015. It also sought to have…

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