DRIFTLESS WATER DEFENDERS NEWSLETTER
DWD Is Off and Running
The colossal amount of grain and protein produced by Iowa agriculture has come at a cost to the environment and it’s apparent that the toll taken on the state’s rivers, lakes and groundwater continues to worsen. Thousands of wells contaminated, hundreds of streams impaired, and dozens of public beaches posted for unsafe swimming have become a way of life for Iowans that seemingly have no recourse to stem the tide.
The code of Iowa states that Iowa’s water is the wealth of the people. Driftless Water Defenders was founded last May because some Iowans have decided enough is enough, and it’s time to confront head on industrialized agriculture’s assault on our water resources in the Driftless Area of northeast Iowa and statewide.
We are intent on changing public policy, engaging citizens and, when necessary, litigating matters to protect and enhance Iowans’ access to clean water for personal, business and recreational purposes.
State water monitoring station at headwaters of Bloody Run Creek, just downstream of Superior Beef.
We’re off to a very strong start. We’ve established a comprehensive program of litigation, public engagement, and communications. In just our first eight months, by combining litigation with public engagement, DWD initiated substantive water-protecting legal initiatives on four fronts.
First, we successfully appealed an administrative decision made by the Iowa Department of Natural Resources under which a water use permit renewal had been wrongfully issued to Supreme Beef, a large-cattle feeding operation located at the head of Bloody Run Creek, one of Iowa’s most pristine water sources.
See more here: https://iowacapitaldispatch.com/2024/11/14/administrative-law-judge-issues-decision-on-bloody-run-creek-water-permit/
Supreme Beef, large livestock feeding operation and principal polluter of Bloody Run Creek in Northeast Iowa.
DWD followed the decision—which invalidated the DNR’s water use permit’s issuance-- with a citizen complaint filed with the DNR to compel that agency to follow the state water use law and evaluate Supreme Beef’s water use permit application for its effect on water quality, downstream users, and the environment. The complaint is aimed at ending the DNR practice of rubber-stamping such water use permits without consideration of the public’s interest and adverse impacts on the environment.
Link to news release here: https://www.driftlesswaterdefenders.com/news-1/g4t6alabogbw211gmtgcd05842f9mz
Second, Driftless Water Defenders organized citizen opposition and filed two lawsuits to challenge the construction of manure digesters in rural Winneshiek County. The first suit opposed the rezoning of land from agricultural to industrial use designation to accommodate the digester by the Winneshiek County Board of Supervisors. In the second lawsuit, DWD challenged the legality of the Winneshiek County Board of Adjustment’s issuance of a conditional use permit to the digester developers for not including provisions that will protect the public interest. Both lawsuits are pending.
See more here: https://iowacapitaldispatch.com/2024/09/13/iowa-water-group-sues-winneshiek-county-over-digester-zoning-decision/
Third, in December 2024 Driftless Water Defenders issued to Agri Star Meat & Poultry, LLC, and Agri Star General, Inc., (Agri Star) a Notice of Violations and Intent to Sue under the Clean Water Act (CWA). Agri Star owns and operates an agricultural processing (e.g., slaughterhouse) facility in Postville, Iowa. DWD’s Attorney James C. Larew, with the assisted advocacy of co-counsel, Public Justice and FarmSTAND, allege that violations of the CWA have occurred and continue to occur at the Agri Star processing facility, including significant and repeated exceedances of pollution limits into the Yellow River, one of Iowa’s most prized fresh-water rivers, which receives waste from the meat processing facility via a tributary, Hecker Creek. The Notice also describes multiple instances in which Agri Star failed to administer tests and report effluent discharges from the facility into public waters.
See more here: https://www.publicjustice.net/agri-star-pollution-iowa-clean-water-act/
Fourth, DWD has proposed language for a new amendment to Iowa’s constitution which, if adopted by citizens in future years, will protect Iowans’ fundamental right to access clean air and clean water and will also impose an affirmative duty on Iowa government to protect the state’s natural resources under the public trust doctrine.
Membership Recruiting
One of DWD’s primary goals is attracting 1,000 new members. That’s 800 more members than we have convinced to join our ranks, so far. For all our members, a big thank you.
If you haven’t become a member, or know people who’d like to be part of this movement, see our membership page here: https://www.driftlesswaterdefenders.com/take-action
At well-attended DWD meeting in Decorah 80 people signed the citizen complaint to DNR to strengthen DNR water use permitting.
Our Rousing Public Events
In support of our membership goals and our programs DWD actively produces public events that feature our president, author and scientist Chris Jones, and our co-founder, Attorney James Larew.
Our latest event occurred on January 18 at the Northeast Iowa Wellness and Recreation Center in Postville. Some 50 people attended to learn about our work.
James C. Larew, attorney and founder of Driftless Water Defenders speaking at in Postville.
Prior to the Postville event a large crowd gathered in Decorah on January 6 to learn about the DWD citizen complaint to challenge a water use permit renewal application submitted by Supreme Beef, described above, a large cattle-feeding operation located at the headwaters of Bloody Run Creek, east of Monona, in Clayton County. Some 80 citizens signed the complaint, which asserts that Supreme Beef is a prominent source of the high nitrate contamination in the creek, a prized trout fishery. In the complaint, citizens demanded that the DNR enforce the aforementioned ruling made by Administrative Law Judge Toby Gordon.
See news release here: https://www.driftlesswaterdefenders.com/news-1/eri9w3p8t3fl81y3rn42n637bbbksd
Chris Jones, scientist, author, expert fisherman, and president of Driftless Water. Defenders.
Other News of Interest
Governor Reynolds Proposes Action on Iowa Cancer
In response to two years of intensifying public attention to Iowa’s rising incidence of cancer, Governor Kim Reynolds has asked the Legislature to allocate $1 million to support a new collaboration between the Iowa Department of Health and Human Services and epidemiologists at the University of Iowa to research the cause.
The governor announced the initiative to establish the new research team during her annual Condition of the State Address on January 15. It is the most substantive response by a state official to Iowa’s rising cancer rate since the Iowa Cancer Registry reported the state’s second-in-the-nation ranking in 2023.
Extensive contamination of Iowa’s ground and surface waters by nitrates and other pollutants from industrialized agriculture are considered by researchers to be a potential source of the state’s second highest in the nation cancer incidence, and the only state where the rate of new cancers is rising.
Save The Date
Save May 8 on your calendar. Greg Brown, the great Iowa-born and raised grassroots singer and songwriter, is headlining a DWD benefit concert at the Opera House in the Hotel Winneshiek in Decorah. Another featured artist at this don’t miss concert is David Moore, the Iowa City folksinger and songwriter.
All proceeds go to support the work of DWD.
We could use some help planning and holding what promises to be a great event in support of DWD’s work. If you are interested in participating let us know:
Telephone: 319-541-4240
Email: Admin@driftlesswaterdefenders.com
Wise Words
Many of you know Larry Stone, the matchless outdoors writer and active DWD member. Here’s the start of Larry’s account of our meeting in January in Decorah. “We demand clean water!” That was the mantra for the nearly 100 people who braved the evening cold in Decorah on January 6 just for the privilege of signing on to a lawsuit to require the Iowa DNR to obey state laws meant to protect Iowa’s water from overuse and pollution.”
See the rest here: https://lstone.substack.com/p/demands-for-clean-water?r=48m38
