The Register's Editorial: 14 facts to weigh in Water Works lawsuit

Correction: This editorial previously used an incorrect term in reference to the average annual export to the Mississippi River of nitrate from surface water in Iowa. That amount was expressed in the Water Works' lawsuit as "approximately 204,000 to 222,000 Mg" or megagrams, which is 225,000 to 245,000 U.S. tons per year.

The Des Moines Water Works' lawsuit against three north-central Iowa counties over water pollution won't be heard in court for some time. But the issue is already being fiercely litigated in the court of public opinion, where fact and fiction mix together.

The defendant counties have not yet officially answered the Water Works' allegations, but the defenders of Iowa agriculture have weighed in, often misstating the utility's motivation for turning to the federal courts for relief.

To set the record straight, then, we offer the following excerpt, taken directly from the Water Works' petition filed with the U.S. District Court for the Northern District of Iowa in Sioux City:

• Despite Iowa occupying less than 5 percent of the Mississippi River drainage basin, average annual export of nitrate from surface water in Iowa is estimated to range from approximately 204,000 to 222,000 megagrams or 25 percent of the nitrate that the Mississippi River delivers to the Gulf of Mexico.
• In 1991, faced with increasing levels of nitrate in its source water, Des Moines Water Works constructed the world's largest ion exchange facility to remove nitrate from its finished water.
• The nitrate removal facility became operational in 1992.
• At a cost of $4.1 million, the nitrate removal facility was designed to operate on an as-needed basis with a maximum capacity of 10 million gallons per day and a cost of up to $7,000 per day to operate.
• From 1995 to 2005, the nitrate removal facility operated over 500 days.
• Since the 1970s, the concentration of nitrate in the Raccoon River at Des Moines Water Works intake points has steadily increased [as shown in accompanying graphic].
• From 1995 to 2014, nitrate concentrations in the Raccoon River at the Des Moines Water Works intake points exceeded the 10 milligrams per liter standard for drinking water at least 1,636 days, or 24 percent of the time. From 1995 to 2014, the nitrate removal facility has operated a total of 673 days with protracted use in 1995, 1998, 1999, 2001, 2002, 2003, 2005, 2006, and most recently 2013, 2014, and 2015.
• In 2013 and 2014, persistent peaks in nitrate levels reached record highs with the Raccoon River reaching 24 mg/L and the Des Moines River reaching 18.6 mg/L.
• In the summer of 2013, the nitrate load in Des Moines Water Works' raw water supply in one week was greater than the entire nitrate load in 2012. In order to comply with the Safe Drinking Water Act, Des Moines Water Works was forced to rely on its nitrate removal facility for 74 days during peak demand in the summer, when customer demands average 80 million gallons daily.
• A voluntary conservation request was issued in the summer of 2013 in order to control demand, and Des Moines Water Works expended over $500,000 to treat the source water burdened by excessive nitrate levels.
• In 2014, despite a difference in both average temperature and precipitation from 2013, the nitrate load in Des Moines Water Works' water supply was again record setting.
• In July 2014 the average nitrate concentration in Des Moines in the Raccoon River was 11.98 mg/L, the third highest average in the last 40 years. Similarly, in September, October, November, and December 2014, the average nitrate concentration was 11.89 mg/L, 13.23 mg/L, 13.43 mg/L and 12.56 mg/L, respectively.
• On Dec. 4, 2014, Des Moines Water Works had to again rely on its nitrate removal facility and continuous use of the facility was required as nitrate concentrations continued to exceed safety standards until March 10, 2015. The continuous operation for a total of 96 days is the longest in the history of the facility's operation during the winter season.
• Due to its age and the limited capacity of the existing nitrate removal facility, Des Moines Water Works anticipates that it will need to design and construct a new nitrate removal facility with a 50 million-gallon-per-day capacity at a capital cost of between $76 million and $183.5 million before 2020. Operation and maintenance costs will be in addition to the initial estimated capital cost.

It is impossible to say what the federal court will make of the Des Moines Water Works' goal of forcing Iowa drainage districts to comply with regulations under the federal Clean Water Act. But the court will decide the case on the law and on the facts after weighing the Water Works' case as countered by the defendants. Likewise, facts should guide the discussion in the court of public opinion.