Des Moises Waterworks was suing the counties to their north for polluting the water they provided for 500,000 Des Moines residents

While we are disappointed in the decision of the Court not to provide an opportunity for relief to Des Moines Water Works ratepayers, we respect the opinion of the Court.  Unresolved questions of permitting and, ultimately regulation, are not addressed yet, and remain at the heart of the federal case,” said Bill Stowe, CEO and General Manager, Des Moines Water Works.  “The Iowa Supreme Court’s decision was an opportunity for moving 100-year old Iowa law progressively forward on water quality issues never before considered, but that opportunity did not command a majority on the Court. We were pleased Chief Justice Cady stated in his separate opinion that ‘Pollution of our streams is a wrong, irrespective of its source or its cause” and look toward a day when a majority of the Court may agree.