The Iowa Department of Natural Resources issued a final action on a water-use permit to a 10,000-head cattle operation in Clayton County, following a years-long legal battle with an area environmental group.
The group, Driftless Water Defenders, announced Thursday it would appeal the DNR decision to renew the permit.
A group of citizens initially challenged a 2022 decision by the department to renew a water-use permit for the confined-animal feeding operation, which eventually led to a ruling from an administrative judge that the department should consider water quality, as well as quantity, in the situation.
Administrative Law Judge Toby Gordon remanded the permit and instructed the agency to consider “factors beyond the quantity of water” including the “public’s health, safety [and] interests in lands or waters” in November 2024.
Much of Gordon’s decision, and the Driftless Water Defenders’ testimony, drew on the importance of protecting Bloody Run Creek, one of Iowa’s “outstanding waters,” and concerns around groundwater entering the porous bedrock of the “driftless” region of northeast Iowa.
On Jan. 9, Driftless Water Defenders submitted a complaint to DNR. Leaning on Gordon’s ruling, it urged the department to cancel Supreme Beef’s water use permit. The complaint was signed by nearly 100 citizens.
The group argues the large amounts of manure produced by the cattle operation will negatively impact the nearby creek and groundwater.
DNR notified Driftless Water Defenders’ attorney James Larew of its final agency action on the case Jan. 16. The memorandum, provided to Iowa Capital Dispatch by Larew, says DNR considered factors “beyond the mere quality of water” to show a beneficial use for the permit’s renewal.
In the document, DNR said water use at the facility would not adversely affect surrounding landowners, would not “unreasonably impair” the long term quantity or quality of water available, and that the water-use permit would be in the “best interest of the people.”
“The DNR finds that providing water for livestock care serves the best interests and welfare of Iowans … In brief, agriculture is a pillar of Iowa’s economy, generating revenue, taxes and creating jobs,” the memorandum read.
DNR points to other laws protecting water, air and natural resources that Supreme Beef must comply with.
“Permit no. 10172-R1 was not issued in a vacuum; instead, the program considered and gave deference to these other laws and programs,” it said. “The consumption of water by livestock will not threaten or harm the public or public interest.”
A press release from Driftless Water Defenders said the DNR action and the group’s “citizen-supported complaint” from earlier in the month “opens the way” for appeals to the decision.
“The DNR’s response evades the letter and spirit of Administrative Law Judge Toby Gordon’s determination,” Larew said in a statement. “The agency violated Iowa law when it renewed the water use permit to Supreme Beef. DNR has apparently learned nothing. As a result, and if uncorrected by the Iowa District Court on appeal, the integrity of one of Iowa’s finest water bodies — Bloody Run Creek — will have been placed in great jeopardy.”
Cami Koons covers agriculture and the environment for Iowa Capital Dispatch, where this story first appeared.
