John Torbert with the Iowa Drainage District Association (IDDA) visited with the Greene County Board of Supervisors earlier this month about the lawsuit from the Des Moines Water Works.
Des Moines Water Works filed an intent to sue in January and after a 60-day period, Torbert says the utility filed a formal lawsuit against Sac, Calhoun and Buena Vista counties for mismanagement of their drainage districts. Torbert states that the IDDA is working behind the scenes with the law firm that’s representing the three counties. He believes the court process may take between eight to ten years before a verdict is rendered.
The IDDA has asked for financial assistance from its member counties to make a $5,000 per year for three-year commitment to support the defense of the lawsuit. Torbert notes that the lawsuit aims to regulate how water is treated with the Clean Water Act. If the lawsuit is successful, then Torbert adds that it could lead to the County Supervisors having to make determinations instead of the Iowa Department of Natural Resources regulating drainage districts. However, Supervisor Chair John Muir doesn’t think they need to be involved in the final decision-making process.
“It possibly would have to, but they (Des Moines Water Works) haven’t given any structure or any system to do that. So maybe we don’t want them to give that structure if it happens. But, it’s a daunting job (to regulate all drainage districts) if that’s what has to be done. And I think everyday people are doing things to limit the amount of runoff, but it doesn’t happen overnight.”
Muir believes that someday, this issue could come back to impact everyone, not just drainage districts. Nothing has been made official yet, but the Board is looking to fund their commitment from Local Option Sales and Services Tax.

