Supreme Beef water dispute headed to court

Clean water advocates in northeast Iowa plan to challenge a water permit for a large cattle feedlot in state court, as part of their continuing efforts to protect a prized trout stream.

The move — expected from the Driftless Water Defenders in the coming days — follows decisions by the Iowa Department of Natural Resources to approve and renew a permit for Supreme Beef near Monona. It has a capacity of about 11,600 cattle.

An administrative law judge decided last year that the DNR did not adequately consider environmental and public health effects for the permit, which allows Supreme Beef to pump about 22 million gallons from the ground annually.

The DNR typically focuses on the effects of new water permits on underground aquifers and streams to determine approval, but the Driftless group argues the department must take into account their indirect effects on the environment.

In this case, the permit allows Supreme Beef to operate and, consequently, produce large amounts of manure, which is stored in a 30-million-gallon basin.

Opponents of the facility say it is too close to the headwaters of Bloody Run Creek, a prized trout stream, and that the manure pollutes the stream with nitrate after it is spread on nearby fields. They further worry that an accidental release of a large amount of manure from the site might be catastrophic for the stream and for groundwater.

The DNR reexamined the water permit renewal request after the judge's decision in November and reaffirmed its approval last week.

In a Jan. 21 memo, a department geologist concluded that the indirect environmental risks are mitigated by other "scientifically robust and protective" state laws.

"These other laws and programs exist to protect Iowa's environment, natural resources and public health," the memo said.

The department also concluded that Supreme Beef's water permit is "in the best interests of the people."

"Agriculture is a pillar of Iowa's economy, generating revenue, taxes and creating jobs," the memo said.

The Driftless group seeks a revocation of the permit and plans to challenge the DNR's decision in state district court sometime in the next week, said James Larew, a Driftless attorney.

The department declined to comment for this article.

DNR data show that Bloody Run has for decades had elevated nitrate concentrations, which are most often the result of agriculture. But recent data — collected after Supreme Beef began operation — show that the stream is among the worst polluted in the state for nitrate.

"Iowa DNR has been charged by citizens with protecting our natural resources and overseeing the safety of our drinking water," said Chris Jones, president of the Driftless group. "Here they choose once again to prioritize exploitation over protection of one the last remaining streams in Iowa still clinging to a shred of its original integrity."

Comments: (319) 368-8541; jared.strong@thegazette.com

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