SIOUX CITY, Iowa (AP) — Lawyers for three northwest Iowa counties being sued by a Des Moines water utility are asking a judge to dismiss two of the lawsuit’s 10 claims.
The Sioux City Journal reports (http://bit.ly/1VHo8ET ) that in court papers filed last week, an attorney for Buena Vista, Sac and Calhoun counties says the U.S. District Court in Sioux City has no jurisdiction over claims that the counties violated the Clean Water Act and state laws. Attorney Michael Reck says that’s because the counties’ drainage districts have no regulating authority over landowners who install tiles to drain their fields.
The lawsuit seeks to force the drainage districts to obtain federal water pollution discharge permits.
No hearing has been set on the request to dismiss. The utility has until May 5 to respond.
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Information from: Sioux City Journal, http://www.siouxcityjournal.com
