Des Moines, Iowa — The Iowa Supreme Court says the Des Moines Water Works cannot win any damages in a lawsuit against the drainage districts in three Iowa counties.
The Des Moines Water Works sued, saying officials in Buena Vista, Calhoun, and Sac Counties have failed to adequately manage drainage districts in their area, causing nitrate levels in the water downstream to rise to record high levels, and costing them millions to treat the water.
The lawsuit says the drainage districts should not be given immunity because they do not provide a benefit to public health. The Supreme Court ruling says the drainage districts do provide a public benefit and are immune from damages.
The ruling says the case is about who pays for the nitrate removal, not about health as it says the Water Works does not claim the nitrates make the water unsafe for swimming or fishing. The Supreme Court says the legislature should decide who pays the cost of removing the nitrates.
O’Brien County and several other counties made donations to the Buena Vista, Calhoun, and Sac Counties’ legal defense fund in 2015.
