Drainage Association To Fight DMWW Lawsuit

The outcome of a lawsuit filed by Des Moines Waterworks against Buena Vista, Sac, and Calhoun Counties will have far-reaching consequences and won’t be cheap.

That’s according to Iowa Drainage District Association director John Torbert… who says the 53-page suit, among other things, makes allegations that drainage districts are a nuisance, are trespassing, negligent, and are taking land without just compensation. Torbert says the association is prepared to strongly fight the allegations.

While the association, as of now, isn’t named in the suit, Torbert says they will file a request with the court to intervene. Another part of the suit involves the Cleanwater Act.

Torbert says the outcome of the suit will likely have far-reaching consequences. He says based on how it turns out, county boards of supervisors would be held responsible for any contaminants entering a water body from run-off.

Torbert says the case… which will be held in federal court in Sioux City… will likely become very drawn out and expensive. He says the association is requesting counties pony up five-thousand a year for three years to help defray legal costs. He says those could easily surpass a quarter of a million dollars for the association should it become involved.

(Story from KUOO/KUQQ, Spirit Lake)