DES MOINES, Iowa – A lawsuit over nutrient pollution in a portion of Iowa's Raccoon River will stretch into 2020 as arguments are heard by the Iowa Supreme Court.

A district judge has rejected the state's request to dismiss the lawsuit, brought by two nonprofits – Iowa Citizens for Community Improvement and Food and Water Watch. Instead, the state's high court will determine if the suit moves forward.

Brent Newell of California-based Public Justice, lead attorney for the plaintiffs, said he believes a common law known as the "public trust doctrine" has been violated.

"What this lawsuit does is, it sets out legal arguments for why that right exists in Iowa law, and why the state has a duty to protect the public's right to clean water," Newell said.

Iowa CCI and other groups have tried for years to slow the growth of the hog industry in Iowa. The lawsuit asks the court to order mandatory limits on nitrogen and phosphorous pollution entering the Raccoon River watershed. The portion of the river mentioned in the suit is between the Des Moines River confluence and the Dallas/Polk county line.

The suit also asks the courts to issue a moratorium on new and expanding hog-confinement facilities in the watershed. Abby Landhuis, a lobbyist with the Iowa CCI's Action Fund, said Iowans deserve clean water.

"There's a lot of factory farms upstream from the Raccoon River, and so, it is one of the most polluted waterways," said Landhuis. "And it's significant because it provides drinking water to all of the metro surrounding Des Moines, so that's half a million people."

Two years ago, a similar lawsuit filed by the Des Moines Water Works over high nitrate levels was dismissed by a federal judge who suggested Iowa's water quality is an issue for the Legislature. State lawmakers implemented the Iowa Nutrient Reduction Strategy – but Newell argued that, because it's only voluntary, it isn't enough.

"And clean water shouldn't be a blue issue, it shouldn't be a red issue," he said. "It is the right of Iowans to have clean water, and that's what we hope the Iowa Supreme Court will ultimately recognize."

Iowa's high levels of nitrogen and phosphorus contribute to the Gulf of Mexico dead zone each summer and exacerbate toxic blue-green algae blooms in Iowa's lakes.

Details of the lawsuit are online at publicjustice.net.


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As New Mexico recovers from its worst wildfire in history, lawmakers are considering a proposal to create the "Land of Enchantment Legacy Fund" to invest in land and water conservation programs.

Senate Bill 9 would leverage hundreds of millions of dollars in federal money for all 33 counties and tribal communities. If passed by the legislature, Gov. Michelle Lujan Grisham has said the fund would prioritize spending to protect communities from wildfire, flood and drought and safeguard water supplies among other things.

Cyndi Tuell, director of the Western Watersheds Project, explained some of the challenges facing the state.

"You had these areas that were burned by wildfire that were already damaged from years of drought," Tuell pointed out. "The fires created a lot of flooding and the flooding is now creating a lot of additional issues where it's harder for native vegetation to take hold."

The 2022 Calf Canyon/Hermits Peak Fire was the most destructive in state history. It occurred after the U.S. Forest Service lost control of a prescribed burn.

The Western Watersheds Project leads the effort to highlight the climate impacts of public land livestock grazing and the need to end or curtail the practice with the restoration of wolves and other threatened or endangered wildlife. Wildfires, which have intensified with climate change, can litter the ground with debris, which can contaminate drinking-water supplies after a heavy rain.

Tuell noted it is often unsafe to picnic in areas where livestock grazing is dominant because E. coli can be present in nearby streams.

"Where you have an area that's completely degraded -- the vegetation is grazed down to nearly nothing, the riparian areas are trampled or filled with cow pies -- you don't really want to go there and enjoy yourself or recreate with your family," Tuell contended.

Beginning with an initial investment of $50 million, the "Land of Enchantment Legacy Fund" would make annual disbursements beginning in fiscal year 2024. The program should include land and water conservation, forest and watershed health, outdoor recreation and infrastructure, agriculture and working lands, historic preservation, and wildlife species protection.


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City water leaders in Des Moines are considering a $50 million plan to use Mother Nature as a giant water filter to remove nitrates from the city's drinking water.

While they occur naturally, nitrates can be hazardous if consumed in large amounts. They have posed health problems in the Midwest for decades, partly the result of fertilizer and manure runoff into groundwater, which eventually makes it into tap water.

Ted Corrigan, CEO and general manager of Des Moines Water Works, said they are considering a process thousands of years old to remove nitrates, by drilling radial collector wells into the bedrock near the Des Moines River, and then allowing the ground to do the work.

"The time that it takes for the water to move through the ground helps clean it up a little," Corrigan explained. "It's literally filtered through 30, 40, 50 feet of sand."

He pointed out the radial collector wells would be an addition to the current mechanical methods Des Moines already uses to remove nitrates, which cost about $10,000 a day every time they run. The wells can filter about 25 million gallons of water a day.

The city relies on the Des Moines River for most of its drinking water, but its nitrate levels spike in the winter. Corrigan noted water in the collector wells could also be stored for use when the river water exceeds safe drinking standards. He added the stored water would also help meet the demands of a growing population.

"You know, we keep kind of chasing this problem," Corrigan observed. "As we grow, we put more tools in the toolbox. Radial collector wells are kind of another tool that we can use to source low-nitrate water. It's another option for us to implement, to meet growing demands and maintain water quality."

He emphasized Des Moines awaits a report from the U.S. Geological Survey this spring before digging its wells.

While Connecticut elected officials want to import hydroelectric power from Canada, one group said the option would not be as environmentally conscious as it might seem.

Hydropower turbines are known for injuring or killing the migrating fish passing through them. Environmental advocates feel other considerations must be made, especially as the U.S. moves further on the path toward renewable energy.

Rhea Drozdenko, the Connecticut River Conservancy's river steward in Connecticut, noted some of the dam operators do make adaptations for fish populations, but they could be doing more.

"There are things like fish ladders that help those migratory fish get from the river to the reservoir above," Drozdenko acknowledged. "But a lot of those fish ladders were made, like, 20 years ago, and they aren't actually as effective as promised."

She added updating the fish ladders would be an option. As Connecticut residents face rising power prices, Drozdenko said her organization sees importing hydropower as a temporary solution, with costs going beyond a customer's electric bill. They would also rather see local solutions instead of the state outsourcing its power needs.

Despite the advances in technology, including different types of turbines to generate power, hydroelectric dams also affect river health, and other plant and wildlife species.

Kathy Urffer, the Connecticut River Conservancy's river steward in Vermont, thinks improvements can be made, but it is important to look at all the effects of all the options for energy sources.

"When you start to look at each potential source of energy -- there's wind, there's solar, there's hydro, there's coal -- each one of them has impacts in different ways," Urffer explained. "And different intensity of impacts, even in terms of the sizing of each facility or where it is placed. "

She added there could be easier ways to add renewable energy to the mix in Connecticut with few downsides for the environment. The state already has 13 dams producing electricity.