Sierra Club responds to IA DNR on impaired waters
Every two years, the Iowa Department of Natural Resources (DNR) creates an impaired waters list (also called a 303(d) list) of water bodies that are not meeting their water quality standards. Once a water is on the list, the DNR is supposed to prepare a total maximum daily load (TMDL) which includes a plan for bringing the water body into compliance with water quality standards.
The 303(d) list identifies those water segments that do not meet water quality standards and need a TMDL to be prepared. On the current 303(d) list are numerous water segments that have been on the list since 2004, 2006, and 2008, with no TMDL having been prepared. Some of those waters on the list since 2008 are designated as Outstanding Iowa Waters pursuant to Iowa’s Antidegradation Policy. Those waters are: Bloody Run Creek, Clear Creek, Deer Creek, Dousman Creek, French Creek, North Bear Creek, Pine Creek, Trout Run, Trout River, and Waterloo Creek. These waters are entitled to extra protection.
Just as troubling as the many years these Outstanding Iowa Waters have been on the list is the fact that DNR has designated them as low priority for preparing TMDLs. They have been designated as Tier III and Tier IV, putting them at the bottom of the priority list, essentially condemning them to perhaps never having a TMDL prepared. This is a clear violation of the intent, if not the specific language, of the Clean Water Act. Section 303(d) says the priority ranking must be made “taking into account the severity of the pollution and the uses to be made of such waters.”
The 303(d) list and the TMDLs mean nothing if the TMDLs are not implemented.
In summary, it appears over the years, including in the 2026 303(d) list, the DNR is doing just the bare minimum to keep the EPA from taking any action against the Department.
We must do better.
Read the comments submitted by Sierra Club
