Two environmental groups, Iowa Citizens for Community Improvement and Food & Water Watch (FWW), on March 27 filed a lawsuit against the State of Iowa in the Iowa District Court for Polk County claiming the state has violated its obligation under the Public Trust Doctrine to protect the Raccoon River for the use and benefit of all Iowans. The plaintiffs said with well-documented water pollution and only voluntary agricultural pollution controls, the state is failing to uphold its duty.
“There is a well-known, statewide water crisis in Iowa, and the Raccoon River in Polk County has been particularly harmed by pollution from factory farms,” said FWW’s Emma Schmit. “The Raccoon River runs through one of the most intensely farmed areas of the United States, where runoff from animal manure and fertilizer poses a threat to tap water and recreational use of the river. Once again, the legislature has failed to take any action on water quality, so the citizens of Iowa have stood up to say enough is enough.”
The plaintiffs said the Raccoon River is the source of drinking water for some 500,000 Iowans, and that the Des Moines Water Works, the largest water utility in Iowa, has one of the most expensive nitrate removal systems in the world. In 2015, the utility sued three drainage districts over high levels of nitrogen going into the river, but the case was dismissed in 2017 (GM April 14, 2017), with a federal judge saying that the pollution was an issue for the legislature to address.
The plaintiffs noted that a bill to establish a moratorium on new and expanded factory farms died in the legislature on March 8, and that there are currently no bills to address the factory farm or water quality crises alive during this legislative session.
“At a time when farmers are struggling financially and also from historic flooding, this lawsuit is a low blow to farmers” said Iowa Corn Growers Association President Curt Mether, a farmer from Logan. “It will divert resources from implementing conservation practices and helping our farmers recover from the latest natural disaster.
“Iowa farmers are aware of the role we play in our state’s quality of life, and this includes the water we share,” he added. “By implementing Iowa’s nutrient reduction strategy, we embrace the best science and rely on years of experience to collaborate in results that better our water. Farmers will continue to work together to achieve the best long-term solutions for our soil and water while feeding the world.”