An Iowa House bill would dismantle Des Moines Water Works and other independent water utilities, making them city departments run by their respective city councils. Metro cities would also be tasked with regionalizing their water utility.


Legislation that would dismantle Des Moines Water Works and other public water utilities is headed to a vote in both the Iowa House and Senate.

The Senate Agriculture Committee approved the bill Thursday morning after making several amendments that mirror changes made by the House Ag Committee two days earlier.

The Iowa House will hold a public hearing on the contentious issue at 10 a.m. Monday at the Capitol.

The legislation has undergone several changes, here's what you need to know:

Q: What would the bill do?

A: It would strip public water utilities in Des Moines, Urbandale and West Des Moines of their independence, making them city departments subject to the control of the local city council.

The city's existing water boards, which are appointed by each city's mayor and approved by the city council, hire administrators to operate the utilities and make decisions about water rates and infrastructure projects. They also can take bond referendums directly to the public for a vote.

The bill would change that. Water boards would become advisory boards, similar to a planning and zoning commission. City managers would be responsible for hiring managers to run the departments. And decisions on spending and policy would be subject to city council approval.

Existing state law requires a public vote to dissolve a public utility. The bill would instead give that power to the Legislature.


Q: What does this means for the Des Moines Water Works lawsuit? 

A: The decision on whether to continue Des Moines Water Works' lawsuit against three rural northwest Iowa counties would rest with the Des Moines City Council.

The water works filed a lawsuit in 2015 claiming underground drainage tiles are funneling high levels of nitrates into the Raccoon River, a source of drinking water for 500,000 central Iowans. The utility says it spent about $1.3 million last year to remove nitrates and make the water safe for consumption. A trial is scheduled to begin in June.

Q: Does it create a regional water system?

A: Not directly. The legislation originally included language and deadlines that would have forced Des Moines and its suburban neighbors to create a regional water authority with a regional board appointed by city council. But that language has since been removed.

Decisions on whether to create a regional system would be left to central Iowa cities to decide. Des Moines City Manager Scott Sanders told lawmakers Tuesday that he believes the legislation would be "the first step in getting that accomplished."

Q: What about existing water projects?

A: Some would be allowed to continue. Others would not. 

The legislation initially called for cities to halt any water infrastructure projects costing more than $100,000 while a regional water authority was created. Suburban leaders were concerned that could hurt economic development projects, including a $2.5 billion Microsoft data center project in West Des Moines. The city has made commitments to install water lines to the site.

The amended bill allows contracts made before the legislation is enacted to continue.

But it would prohibit planning, design or construction of any new water production and treatment plants. That could end Urbandale's preliminary plans to build an independent water treatment facility to serve its residents.

Q: Who is behind the legislation?

A: Bill Stowe, the CEO of Des Moines Water Works, has claimed the Iowa Farm Bureau is pushing the legislation in an effort to kill the federal lawsuit. Iowa Farm Bureau rebutted the accusations, saying it did not author the bill and has not registered in support of it.

Des Moines City Councilwoman Christine Hensley has been most vocal on the council against the lawsuit, especially in her capacity as a leader of the Clean Water Partnership, which is backed by the Farm Bureau. But Hensley said she had no contact with either group about the bill until after it was introduced.

"There's absolutely no collusion," she said.

Q: Where does the legislation stand? 

A: Identical bills are making their way through the Iowa House and Senate.  The bills (House File 484 and Senate Study Bill 1146) were passed by each chamber's Agriculture Committee on party-line votes, with Republicans in favor and Democrats opposing.

The Iowa House will hold a public hearing Monday before the bill goes to the floor for debate. The hearing is scheduled for 10 a.m. at the Iowa Capitol in Room 103. Individuals and organizations can go online to submit a request to speak on the bill.

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