The
Graphic - Advocate WEDNESDAY
|MAY 11, 2016|VOLUME 127| ISSUE 19
Rockwell City Office 712-297-7544 • advocate@iowatelecom.net - Lake City Office 712-464-3188 • lcgraphic@iowatelecom.net
www.thegraphic-advocate.com
NEWS Lake City Vet celebrates history, remodeling with open house Under new management, the Lake City Vet has made some upgrades to better serve the community Page 2
NEWS SCC students learn more about their home state Retired editor Don Kaercher talked to SCC Middle School students about the history and points of interest in the state of Iowa. Page 4
NEWS Supervisors approve audit of human resources Calhoun County officials approved an audit on their human resources and documentation practices to see how they measure up. Page 10
NEIGHBORS SCC FFA hosts Parent Member Banquet On April 8, the Couth Central Calhoun FFA Chapter hosted their annual parent member banquet to recognize several individuals. Page 5
SPORTS SCC boys claim TLC track champoinship Page 12
DMWW attorneys argue against summary judgment By Erin Sommers Graphic-Advocate Editor Despite defense claims that the Des Moines Water Works cannot pinpoint farms and drainage tile in Calhoun, Sac and Buena Vista counties as the source of high nitrate levels in the Raccoon River, attorneys representing the Water Works say even the counties’ own expert testimony illustrates the pollution coming from drainage here. “For example, on July 4, 2014, the Drainage Districts (being sued by the Water Works) collectively contributed up to 0.819 milligrams per liter to the nitrate concentration at (Des Moines Water Works) of 11.85 mg/L,” a brief filed with the U.S. District Court in Sioux City Thursday said. “Stated otherwise; the Drainage Districts contributed 6 percent of the total concentration and 7 percent of the total mass of nitrate at (the Water Works’) intake on the Raccoon River on just one day.” On other days, which were not
named specifically, Water Works officials claimed the 10 drainage districts were responsible for up to 35 percent of the nitrates the plant must remove from water sourced in the Raccoon River. Additionally, the Water Works’ experts offered testimony about the impact of the fertilizers that were filtered through the land in the tile systems. “Nitrate concentrations observed at sample points collected by DMWW staff contribute to higher nitrate concentrations in the Raccoon River even if the discharge from the Drainage Districts is diluted,” the brief said. The brief outlined how Water Works staff tests the water daily at its plant, in accordance with industry and federal standards. “DMWW staffs’ operations experience has caused them to conclude that nitrate concentrations at the Sac City, Jefferson, and Van Meter river gauges accurately predict nitrate concentrations that DMWW will subsequently observe at its intake at the Fleur Plant,” the brief said. “The
reason that nitrate concentrations are consistent at DMWW’s intake with those observed at the Sac City, Jefferson, and Van Meter gauges is because there is very little biological denitrification occurring in the Raccoon River.” If staff observes a high nitrate level in Sac City, they know approximately how long it will take for those nitrates to reach the Fleur water intake plant, the attorney wrote. Right now, the staff isn’t aware of any intervening treatment facility between Sac City and the water intake in Des Moines. The Water Works’ attorney last week filed a brief in response to a motion for summary judgment, filed last month by the attorneys representing 10 drainage districts in the three counties. The Water Works’ attorney also argued that many of the facts the counties’ attorneys presented are not factual statements. “Legal conclusions of lay witnesses are not admissible evidence,” the response brief said. The Water Works disputed the assertion that drainage districts do not
tell farmers how to farm their land. “Drainage Districts do have authority to prescribe rules governing landowners within their borders,” the brief said. “Further… Drainage Districts have entity existence and a variety of powers to administer drainage infrastructure.” The Water Works’ position is that it isn’t telling farmers how to farm, but rather instructing them to find and “implement solutions,” the brief said. Officials also disputed the claim that drainage tiles are overwhelmingly privately owned, noting that drainage districts purchase permanent easements on private property to install underground drainage tile. The lawsuit also doesn’t name any private owners, but the “claims are against government entities operating public infrastructure.” The judge hearing the case indicated last month he would push back the three-week trial, initially scheduled for August. A new date was set to be selected at a telephone conference this week.
Middle schoolers take to the field South Central Calhoun Middle School students hit the field Friday afternoon for track and field day. Students competed in a variety of events, ranging from the long jump to foot races. ALL GRAPHICADVOCATE PHOTOS/ERIN SOMMERS
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Dakota Access asks to start construction early IUB says company won’t be fined for ag plan violation By Erin Sommers Graphic-Advocate Editor Officials with Dakota Access are asking the Iowa Utilities Board to let it start construction now, even though the U.S. Army Corps of Engineers has yet to issue a permit for the pipeline project. “Construction on the Dakota Access Pipeline must commence without delay to be able to complete the Pproject in one construction season and to provide thousands of labor jobs in Iowa,” attorney Bret Dublinske said in a document filed with the utilities board Thursday. The request said the permission to begin construction would apply only to the areas that don’t require the federal permit; the Corps has yet to indicate when or if it will issue the permit. About 2.5 percent of the Iowa land through which the pipeline would pass is subject to the Corps of Engineers’ permitting process.
See Dakota Page 3
Higher bids, lower loan increase Rockwell City’s costs for bioretention project By Erin Sommers Graphic-Advocate Editor Lower bids on a city square project meant a smaller loan for Rockwell City this year. But that also decreased the amount of money the city got back for a water quality project – building bioretention cells at two or three sites to slow water flowing into the city’s storm sewers. The city council ultimately approved the lone bioretention cell bid the city received at their May 2 meeting. The bid, from Wunsch Construction, came in at $149,000, about $24,000 higher than ISG engineers anticipated. Between the higher price and the lower state revolving fund money – essentially, the city gets a 10 percent refund on its main project by reinvesting that 10 percent back in another water quality infrastructure project – the city will pick up $30,000 to $40,000 more than expected on the bioretention cell project, engineer David Doxtad explained to city councilmembers.
See Bioretention Page 5
2016
IN THIS WEEK’S ISSUE Worship/Obits ..........page 5 Classifieds ................page 6 Legals ...................page 8 - 9 Sports ................. page 11-12
The GraphicAdvocate needs your help School will be out of session soon and parents may be looking for fun events to entertain their children. The GraphicAdvocate would like to help, but we need your help first. Please submit the details of free summer events – date, time, place, what will happen and any other vital info – to Erin Sommers at gaeditor@windstream.net or by calling 712-297-7544, by 5 p.m. May 19. Church Bible Schools, library summer reading programs, special park events, city festivals or other events – we want to provide readers with a comprehensive list they can refer to all summer long.