by Whitney Flach
Des Moines drinking water, is at the focal point of a fight that could impact how farms are regulated under the federal Clean Water Act (CWA). Des Moines Water Works (DMWW), the city?s municipal water provider, has filed a lawsuit targeting nitrate runoff from area crop farms. Agricultural tile drains will be regulated as ?point sources? under CWA, which could lead to restrictions for fertilizer and nutrient management if the lawsuit is successful.
DMWW has faced challenges controlling nitrate levels in its drinking water for many years. Nitrates are oftentimes naturally present in water, but they can also enter water systems through runoff and leaching. Iowa Farm Bureau’s Environmental Policy Advisor Rick Robinson explains, ?When it’s warm, and when it’s wet nitrate moves the soil profile.? Robinson said previously in December, ?To say that all farmers need to do practices A, B, and C will miss the mark according to the science. We need to figure out watershed by watershed, what practices work best for each individual farmer, and that’s going to take some time.?
However, Des Moines Waterworks CEO and Manager Bill Stowe says time is already up. Stowe responds by explaining, ?It’s a public safety issue. Our water supply is being directly confronted by high nitrate concentration. To say more time is needed is to gloss over, to disregard, and disrespect the public safety issues associated with that.?
Many illnesses can result from high nitrate levels; therefore, municipalities are required to limit nitrate levels under the federal Safe Drinking Water Act. DMWW believes upstream farms are responsible for elevated nitrate levels and the extra costs to remove nitrates from Des Moines? drinking water.
Under CWA, surface runoff from farms and return flows from irrigation are exempt from regulation as a point source. Instead, it is regulated as non-point source pollution. Historically, this exemption has extended to discharges from tile drainage pipes. DMWW would like to change that.
DMWW?s lawsuit names several drainage districts in three counties. The suit alleges the drainage districts are operating point sources of pollution without a permit. If the lawsuit is successful, the drainage districts will be subject to CWA?s point source permitting requirements for pipes and ditches that release tile drain water.
The three counties, as well as state and national agriculture groups, argue CWA?s agricultural storm water runoff exemption covers drainage districts. They note farmers have a vested interest in reducing runoff, and a voluntary approach would be more productive. The trial is in June 2017.
