Protecting the Environment

• PATTISON SAND COMPANY IS BACK & WANTS MORE WATER

Legislative Update

• Legislative Update

• REAP - Resource Enhancement and Protection funding

• Anaerobic Digester Legislation

• Update on Supervisor Representation

CO2 Pipeline Update

• Summit's Phase 2 Easements Filled with Red Flags

Have Fun 

• Join us for documentary premiere of Iowa's Dirty Secret - April 30

• Annual Meeting - June 14, at Briggs Woods Park in Webster City - Save the Date

• Hitchcock Nature Center Outing, Honey Creek, Iowa - September 20

Plus

• Lunch and Learns Fridays at noon

• Contribute to the Iowa Chapter

• Volunteer for the Iowa Chapter

• Calendar of events

• To see the archive of previous Iowa Chapter newsletters

  

PATTISON SAND COMPANY IS BACK & WANTS MORE WATER

Pattison Sand Company mines silica sand in Clayton County. The sand is used for fracking for oil. The sand is combined with other substances as a lubricant to allow drilling between layers of rock to reach oil deposits that regular drilling equipment cannot reach. Pattison currently has a permit to withdraw 976.8 million gallons of water per year for its mining operation. Most of this water comes from the Jordan Aquifer.

Groundwater is the water in aquifers beneath our land. Iowa has always been blessed with adequate rainfall and snowfall in order to recharge the aquifers under our rich soil. But recent water concerns have raised issues concerning depletion of Iowa’s water aquifers, such as extended drought, plans to use groundwater for carbon dioxide capture, increased use for irrigation, expansion of ethanol production, and the proliferation of large data centers.

In 2020, Pattison requested a permit to withdraw 2.1 billion gallons of water per year from the Jordan Aquifer to send water to western states that were suffering a drought. The Iowa Department of Natural Resources (DNR) did not grant a permit because of insufficient information proved by Pattison. The DNR requested more information, but because of changing economic conditions, Pattison withdrew its application.

Iowa Code Section 455B.265 gives the DNR the authority to issue permits for the withdrawal of water from the groundwater. Iowa Code Section 455B.262 establishes the basis for how the DNR must evaluate permit applications, "The general welfare of the people of the state requires that the water resources of the state be put to beneficial use which includes insuring that the waste or unreasonable use, or unreasonable methods of use of water be prevented, and that the conservation and protection of water resources be required with the view to their reasonable and beneficial use in the interest of the people."

The DNR reviews permit applications on the basis of user categories. The categories are on the DNR’s application form. They do not appear in the Iowa Code or DNR regulations. The categories are:

1. Animal feeding or dairy operations

2. Ethanol production

3. Heating/cooling

4. Industrial/commercial

5. Crop irrigation

6. Golf/country club

7. Power generation

8. Public water supply

9. Quarry operations

10. Recreational water

11. Other

The problem with this system is that it does not consider beneficial use as described in the Iowa Code. Nor does it take into account how one entity in a use category may have more impact on groundwater than another entity in that same category. In fact, over the years, in reviewing thousands of applications, the DNR has never denied an application for a permit.

Against this backdrop, Pattison is now back with another application. The request now is to withdraw 3.7 billion gallons of water per year from several sources, including the Jordan Aquifer. The water will allegedly be used for Pattison’s mining operation. But the application does not explain why almost four times the amount of the current withdrawal limit is necessary for the mining operation. This is especially puzzling when Pattison’s water withdrawal records show that Pattison has not even been using as much water as allowed by its present permit.

The DNR is proposing to grant the permit without any showing that there is a beneficial use. The DNR claims that it is relying on Iowa Code Section 455B.266, alleging that the law makes quarrying a priority allocation for beneficial use. But Section 266 is to be used only in situations of water scarcity and sets out priority uses for water rationing. Furthermore, there is no mention of quarrying as a priority use.

The DNR’s summary report says the beneficial use of the water “seems evident,” without presenting any evidence to support that conclusion. The next statement in the summary then shifts the burden of proof on anyone challenging the permit decision, rather than on Pattison to prove the withdrawal is a beneficial use.  There is no documentation in the record showing that the DNR has determined how the withdrawal of the water as Pattison requests will impact the designated water sources, both in terms of quantity and quality. This is vital information to have before making a decision on granting a permit.  The DNR’s permit summary also says that the water withdrawal that Pattison requests will adversely impact the water supply of the City of Garnavillo and private water wells in the area. It appears that the DNR is placing the burden on the City of Garnavillo and private well owners to take some action after contamination of their wells, rather than the DNR properly evaluating the propriety of issuing a permit in the first place. That is not how the law is supposed to work.

Iowa’s precious resource of groundwater is under assault. Cities, industries, and farming are depleting the aquifers more quickly than they can be recharged. Iowa legislators and state officials must take this problem seriously.  There are many important questions that we cannot answer without further investigation, such as now much water remains in Iowa’s aquifers, how fast are our aquifers depleting, and how many years of water do we have left if Iowa approves public water for future uses, and most importantly, what do we do when we run out of water?

Right now we need to stop Pattison Sand from receiving a permit.

WHAT YOU CAN DO

• Send comments VIA EMAIL to chad.fields@dnr.iowa.gov

• Or write to Chad Fields, Iowa Department of Natural Resources, 6200 Park Ave., Suite 200, Des Moines, Iowa 50321

• Subject line should have “Re: Pattison Sand Co. request for water withdrawal, Log. No. 33,483”

Legislative Update

The legislature is moving toward its scheduled adjournment date of May 2, when the legislators' per diem expense money ends.  That is usually the signal to wrap things up for the year.  We are continuing to watch a number of important pieces of legislation, including the Governor's energy bill and numerous pipeline issues.  If you want to keep on top of the key issues the Sierra Club is following, check out our blog.  In the next few weeks, the legislators will be working on budget issues and then settling on a final budget.  

Photo - the dome of the Iowa Capitol.

REAP - Resource Enhancement and Protection funding

One of the important sources of funds for natural resources, water, and soils is a program called REAP.  Every year the legislature must fund this program.  The program is authorized to be funded at $20 million a year; the legislators must determine how much will actually be allocated to REAP.

• REAP funds protect Iowa’s natural areas, soil conservation, water quality and historical resources.

• REAP provides jobs, encourages tourism, protects historical and cultural resources, provides recreation opportunities, and protects Iowa’s soil and water.

• Money is provided to state, cities, counties and soil conservation districts. Every county in Iowa has benefited from money spent on REAP projects.

• Although statutorily mandated at $20 million annually, each year the Iowa legislature determines the actual appropriation.

The REAP law expires on June 30, 2026, unless the legislators vote to extend it.

Ask your state senator and state representative to support fully funding the REAP programs at $20 million and to extend REAP beyond 2026.

Email, address, and phone number for Representatives

Email, addresses, and phone numbers for Senators

Find your legislator

Anaerobic Digester Legislation

There are two bills concerning Anaerobic Digesters that are still alive in the Iowa House.  Anaerobic digesters are a method of creating biogas from manure and other waste.  In Iowa, digesters are being pitched as a method to deal with Iowa’s massive manure problem but really, they are just a band-aid on a bigger problem with our agricultural system.  

The process breaks down manure and other wastes to create biogas, mostly a mix of carbon dioxide and methane.  Anaerobic digesters can be either “on farm” or a “community system”.  ‘On farm’ digesters are located on the farm where the manure is produced.  ‘Community systems’ are located centrally and animal feeding operations pipe their manure to the shared community digester.  

The Iowa House has introduced bills to regulate and incentivize on farm and community system digesters.  HF987 is a ‘community system’ digester bill. HF989 is an ‘on farm’ digester bill.

It’s been clear for decades that Iowa has a manure problem, and therefore a water quality problem.  Iowans have been working to hold the concentrated animal feeding operation industry accountable for its pollution and transition our agriculture system away from this model of raising livestock.  

The industry responded with digesters as the solution to our manure and water crisis - a band-aid on the problem.  Anaerobic digesters, whether they are on farm or community systems, create a whole host of new problems.  For example:

• The current bills have inadequate separation distances from homes, businesses, and communities.  Digester facilities could have a much bigger impact on surrounding neighbors and should have larger separation distances than animal feeding operations.

• The current bills require the Iowa Department of Natural Resources (DNR) to issue a final decision on the permit within 60 days.  If the DNR does not issue a decision within 60 days, the permit is automatically approved.  The DNR is underfunded and understaffed and does not have the capacity to adequate reviews of permits to ensure the safety and accuracy of large-scale projects like these.

• Anaerobic digesters encourage larger and more animal feeding operations to ensure enough volume of manure.  This could create massive concentrations of livestock facilities in areas around digesters, destroying the quality of life for the community.

• Anaerobic digesters create the potential for pipelines and eminent domain to transfer the manure and captured gas to the end location.

Ask your State Representative to vote NO on HF987.  To look up your House member, see www.legis.iowa.gov/legislators/house   and to find your legislators, see www.legis.iowa.gov/legislators/find

HF989 has already passed the House.  Ask your State Senator to vote NO on HF989.  To look up your House member, see www.legis.iowa.gov/legislators/senate    and to find your legislators, see www.legis.iowa.gov/legislators/find

Update on Supervisor Representation

There is absolutely no reason to dictate how the large counties or the counties with regent schools select their supervisors.  This focus on counties with Democratic majorities blatantly strives to get more Republicans elected as supervisors in those counties in spite of what the voters want.  The voters should decide what is best for their county.  This is a matter of local control.

The system for deciding how supervisors should be elected was not broken.

Summit's Phase 2 Easements Filled with Red Flags

Summit is now approaching and pressuring landowners on its Phase 2 route to sign voluntary easements.  We’ve reviewed the easement terms that Summit is offering and have major concerns.  Here are some of the big red flags in Summit’s easements:

• By signing, you have to cooperate with and support Summit in getting the project approved if they ask you to, including by participating in hearings or other procedures related to obtaining needed permits.

• Summit has free rein over your property whenever they want for whatever they want.

• Summit can sell the easement or the option to anybody without your consent or knowledge.  You cannot sell or do anything to the land without their permission.

• You can't do anything with the land that could potentially interfere.  No tiling, no planting trees, no selling the land.  Nothing, unless Summit says you can.  Summit can extend the option agreement for eternity, so you are essentially signing away control of the land forever.

• Summit can change its mind and end the agreement, but you can't change yours. 

• Not recording the agreement means there's no public record that would benefit landowners in negotiations. 

• Land and fences will only be restored so far as it's "reasonably practical."  Guess who decides what is reasonably practical? 

• Summit will only pay for damage to tile and terraces if Summit agrees it caused the damage and if Summit thinks repairs are necessary. 

• Summit can relocate the pipeline, change the diameter, change land slope, etc. 

• Summit can move "associated substances" in addition to CO2, aka whatever product Summit desires. 

• You're agreeing to let Summit put a pipeline anywhere on your land. 

• It is not limited to the proposed easement area. 

• Summit decides what a "reasonable" time is to return the temporary construction easement.  You are responsible for alerting tenants, potential buyers, etc. of the existence of the agreement.  If it's not written in the contract, it doesn't exist.  Do not accept a verbal promise. 

• Summit requires you to keep conversations and information related to compensation confidential because they don't want neighbors comparing numbers. 

• Summit can enter your property at any time.  You're allowed to be present so long as it doesn't inconvenience Summit.

To read and see Summit’s full easement offer for yourself, click here.

Join us for documentary premiere of Iowa's Dirty Secret

April 30th, 7pm - Film Premiere at The Varsity Cinema, 1207 25th St in Des Moines.  There is no entrance charge for this film, plus the first 50 people there get free concessions.  You must RSVP with the theater https://varsitydesmoines.com/showtimes/iowas-dirty-secret-the-true-cost-of-burning-coal-with-panel-discussion-4-30-25-700-pm/  to reserve your seat.

Iowa's Dirty Secret: The True Cost of Burning Coal is a short film that examines the cost of coal through first-hand accounts shared by families who live near the coal plants, doctors who have seen the health impacts of coal pollution, and the advocates fighting for something better. Our Sierra Club team is proud to have played a role in creating this documentary with our coalition partners.  After the premiere, Emma Colman of Sierra Club Iowa Beyond Coal will moderate a panel discussion with Iowans featured in the film to discuss ways to get involved.

Annual Meeting - June 14 - Save the Date

You’re Invited: Iowa Chapter Annual Meeting – A Day to Celebrate and Grow Together

Join us at the beautiful Briggs Woods Park Barn Shelter in Webster City on Saturday, June 14 for our Annual Meeting! It will be a day to connect with fellow members, reflect on our achievements, and energize for the work ahead.  RSVP today

We’ll kick things off at 10:00am with check-in and a warm welcome. 

At 10:30am, we’re excited to host Jon Judson, owner of Diversity Farms, Inc., who will present “The Benefits and Challenges of Using Native Prairie Plants for Landscaping.” With over 30 years of experience in natural resource consulting, Jon will share practical insights on design, site preparation, species selection, and maintenance.

While adults enjoy the presentation, kids will have their own creative fun with an art project led by Sheri Albrecht.

At 11:30am, we’ll take a moment to reflect on the past year’s battles and successes, and to preview what’s coming next. 

Then, enjoy pizza from local favorite Leon’s at noon, and chip in during our pass-the-hat fundraiser to support our ongoing work.

The afternoon kicks off at 1:00pm with a “Call to Action” session — offering concrete steps for how each of us can make a difference. 

At 2:00pm, choose your own adventure with a guided hike through the woods, led by David Hoferer and Tom Rosburg.

Stick around for the whole day — or bring your gear and consider camping overnight!

Cost: $25 per adult; children under 12 attend free

Location: Briggs Woods Park Barn Shelter, 2490 Briggs Woods Trail, Webster City, IA, 50595

Food: Pizza from Leon’s
What to bring: Hiking gear and a reusable cup or water bottle

We hope to see you there!  RSVP today

Hitchcock Outing

Experience Peak Hawk Migration at Hitchcock Nature Center!

Join us on Saturday, September 20 from 11:00 AM to 1:00 PM for a special outing at Hitchcock Nature Center, one of Iowa’s most scenic and biologically rich areas. Mid-September marks the height of hawk migration, and we’ll be hitting the trails with naturalists and HawkWatch biologists to learn all about these incredible birds.  Sign up today

This guided hike includes a stop at the park’s observation tower, a look at Loess Hills plant and animal life, and a short talk with Dr. Tom Rosburg at the overlook. Bring your lunch, wear sturdy hiking gear, and get ready for an unforgettable nature experience.

Cost: $5 per person
Location: Hitchcock Nature Center, 27792 Ski Hill Loop, Honey Creek, IA 51542

If you have some time, you might consider a visit to nearby DeSoto National Wildlife Refuge after the event.

Don’t miss this chance to connect with nature, learn from experts, and witness one of the most exciting migrations of the year!  Sign up today

Lunch and Learns Fridays at noon

Fridays at noon, we do a Lunch and Learn livestream.  See us on Facebook at "Sierra Club Iowa Chapter".  These will be recorded so you can watch them anytime.  Topics will be selected based on what is happening during the week.  During the legislative session, we cover issues coming before the Iowa legislature.

In case you missed our past webinars and lunch and learn sessions, you can still see them.  We are hearing that Facebook will start purging recordings if they are 30 days old, so you will want to watch these before they are purged.

Volunteer for the Iowa Chapter

Almost everything we do is done by volunteers like you.  If you would like to volunteer for the Iowa Chapter, please let us know by sending an E-mail to Iowa.chapter@sierraclub.org.  Or sign up by using the online form.  There are many opportunities for you to make a difference:

• making phone calls

• developing graphics for banners and flyers

• working on legislative issues

• working on elections

• fundraising

• organizing events

• joining an issue committee 

If you would like to join our legislative action team, sign up here.  Keep on top of what is happening at the Iowa legislature.  Be alerted when you should contact your legislators about pending legislation.

Photo: camping by Jess Mazour.

Sierra Club - working every day on Iowa’s environmental problems

Sierra Club is Iowa’s oldest and largest grassroots environmental organization.  Not only that, we are the best bet in the state for achieving bold solutions to Iowa’s environmental problems.

We work in the courts, before Iowa’s public agencies, and in the halls of the legislature.  The Iowa Chapter's effort to protect the environment takes financial support.  The Chapter receives very little financial support from the national Sierra Club.  Can we count on you for a donation to ensure even more victories?  Your contribution will be put to work here in Iowa on issues that affect every day Iowans – water quality, clean air, protection of Iowa's soil, parks and natural areas, and a strong democracy.  The Iowa Chapter is relentless in fighting back bad legislation that affects every one of us. 

Your non-deductible contributions make it possible for us to fight bad legislation and to promote good legislation.  We appreciate your past and on-going support of these efforts.  You can make a non-deductible donation with a credit card.   A non-deductible donation supports the Chapter's effective, citizen-based advocacy and lobbying programs.  If you prefer, a non-deductible check can be written to the Sierra Club Iowa Chapter and mailed to:

Treasurer
Sierra Club, Iowa Chapter
PO Box 1058
Marion, IA 52302

You can also make a tax-deductible donation with a credit card.  Tax-deductible activities are limited to public interest education, research and legal actions.  A deductible check can be written to the Sierra Club Foundation with “Iowa Chapter” written in the memo line.

Thank you for your support.

Donate your used vehicle

As the Sierra Club Foundation's Iowa Chapter continues to raise charitable funds to support its work in Iowa, won’t you consider participating in our vehicle donation program?  Our partners over at CARS have made the process of donating your unused or unneeded car, truck, motorcycle, boat or RV easy, efficient and secure.  They’ll take care of everything from picking up your vehicle to sending you a tax receipt for your generous gift.  To learn more about The Sierra Club Foundation's Iowa Chapter vehicle donation program, please call 844-674-3772.  Or visit our webpage to get started today!

Sierra Club Foundation promotes climate solutions, conservation, and movement building through a powerful combination of strategic philanthropy and grassroots advocacy. The Foundation is the fiscal sponsor of Sierra Club’s charitable environmental programs.

For more information 

Planned giving . . . naming the Sierra Club Iowa Chapter in your will 

Ensure your environmental legacy by naming the Iowa Chapter in your will or trust. These gifts cost you nothing now. You can hold onto your assets for as long as you need them.

Thank you for supporting our work!