Easy Solution to Water Drainage District Lawsuit

Simply remove the rural water towers. It is really that simple. If the residents in northwest rural Iowa had to drink the water they are sending down the rivers to southern Iowa, the nitrate problem would be fixed. So just remove every water tower in northwest Iowa and make the residents drill and drink from their own farm chemical-laced water tables. 
New court filings: Water Works disputes drainage districts' legal immunity, enviro group backs utility 
BY PERRY BEEMAN | Senior Staff Writer | @PerrybeemanBR
Des Moines Water Works, in a brief filed with the Iowa Supreme Court this week, contends that it is time for the court to set aside any protection drainage districts have had against lawsuits.
The U.S. District Court in Sioux City asked the Iowa Supreme Court to consider several legal questions before the federal court rules on whether the drainage districts have immunity to damage claims. Lawyers for the drainage districts, a team from Belin McCormick P.C., expect to file briefs in the next two weeks. Agricultural officials have contended that the drainage districts have immunity, in part because they don't have the power to stop the pollution from farms in the area. 
The case is scheduled for trial beginning Aug. 8.
Also this week, the Environmental Law & Policy Center, a Chicago-based nonprofit with a Des Moines office, joined the fray with a friend of the court brief. 
The group concluded that drainage district law does not give the drainage districts a "license to pollute" and urged the court to hear Water Works' arguments both in favor of the Clean Water Act regulation and in support of damage payments.
"The defendants' theory of unqualified immunity gives drainage districts free rein to pollute. Unqualified immunity for drainage districts removes any incentive the drainage district has to help limit pollution and leads to severe consequences. The Court should find that the presumption of public benefit underlying unqualified immunity can be rebutted and give (Water Works) the opportunity to do so," the policy center wrote.
Steve Lombardi
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