Greene County has been asked to contribute $5,000 per year for the next three years for a legal defense fund in connection with the Des Moines Water Works’ lawsuit against the boards of supervisors of Sac, Buena Vista and Calhoun Counties. The request came from the Iowa Drainage District Association, of which Greene County is a member.
According to county drainage coordinator Michelle Fields, about 25 counties belong to the association.
In the lawsuit, Des Moines Water Works claims that the boards of supervisors, acting as trustees for 10 specific drainage districts, are responsible for the discharge of nitrate pollutants into the Raccoon River. The drainage districts are point source pollutants, similar to an industrial facility, according to DMWW, and should be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit.
The complaint filed by DMWW seeks to declare the named drainage districts are point sources pollutants, are not exempt from regulation, and are required to have a permit under federal and Iowa law. The complaint states that the drainage districts have violated and continue to be in violation of the Clean Water Act and Chapter 455B, Code of Iowa, and demands the drainage districts take all necessary actions to comply with the Clean Water Act, including ceasing all discharges of nitrate that are not authorized by an NPDES permit.
The lawsuit has drawn a sharp divide in the state between agricultural and environmental interests.
The Greene County supervisors have watched closely since DMWW announced its intent to sue in January.
Board chair John Muir asked Fields her opinion on helping fund the legal defense.
“You look at it strictly from the lawsuit standpoint, and the drainage districts… I think that if it is found in favor of Des Moines Water Works, it opens up any tile, district or not, as the potential as being point source pollution that would affect everyone,” Fields said.
County engineer Wade Weiss, who lives in Jefferson near the Raccoon River, had earlier said that fertilizer he puts on his yard ends up in the river. “Wade makes a good point,” supervisor Dawn Rudolph said. “It’s not just the drainage districts. It’s the whole county.”
Fields said she thinks the case will take longer than three years, and she doesn’t know if the Drainage District Association will seek more funds after that time. “It’s no-brainer for me,” Muir said about a decision to contribute to the defense fund. “It’s close to home. I’m sure we were very close to being one of the counties named.”
Fields was unsure if the IDDA had asked only member counties or all Iowa counties to contribute to the defense fund.
Because the item was not listed on the agenda, a decision to spend funds could not be made. It will be on the agenda again at the April 6 meeting. “However we come up with the funds, I think we ought to participate,” Muir said.
