Data Centers and other large water users... looking at more effective groundwater governance3/5/2025
development while maintaining a sustainable water supply, and specifically managing groundwater for the long term. Data centers are growing especially quickly - there are already 400 data centers in the five Upper Mississippi River Basin states, and many more are proposed throughout the region.  These data centers provide cloud storage, AI servers and cryptocurrency mining services. Their energy use is intensive, and many propose to use water for cooling. Data center builders look for areas with reasonable land costs, a stable power grid with good interconnections, water for cooling, and a favorable regulatory environment. With them come concerns about water use, power demand and environmental factors such as noise and light pollution. Carrie Jennings will address the question: How can we support economic development while ensuring water availability to support communities and the environment into the future?
Thirty million acres of unprotected wetlands in the upper Midwest, including over 640,000 in Iowa and 1 million in Illinois, are at risk of being destroyed, according to a new study by the Union of Concerned Scientists. These same wetlands provide nearly $23 billion in annual flood mitigation benefits and have the potential to provide hundreds of billions of dollars of mitigation benefits as climate change increases precipitation across the region." The Iowa Farmers Union, Iowa Environmental Council, Dakota Rural Action, and Food & Water Watch were approved to intervene in this federal lawsuit in Iowa District Court. Read more about this here.  Retired Chicago lawyer James Conlan, owner of the 71-acre Iowa farm property seen here, has sued to overturn a voluntary federal wetland conservation program called Swampbuster. (Stacey Wescott/Chicago Tribune) Our speakers were Katie Garvey, Staff Attorney with the Environmental Law and Policy Center in Chicago, and Elle Gadient, Delaware County Farmer & Iowa Farmers Union Beginning Farmer Representative. Katie is representing members of the Iowa Farmers Union who formally entered the case as intervenors earlier this month. It marks the first time farmers directly implicated in the lawsuit will be involved. Elle and her husband, Steve Besler, are two of those farmers. In our video, you will hear about the case, their views of the merits of the case and what's at stake if the law is abolished. Katie discusses how the Swampbuster lawsuit threatens federal wetlands protection as well as the foundations of American farm policy, and Elle followed up with her experience as a first-time farmer trying to get a foothold in a landscape where corporate farms dominate. Elle believes that "Iowa farmland should be owned and managed by Iowa farmers and that our farmland and watersheds need to be protected for the future, for Iowans, for the environment, and for those downstream from us. These small streams and local watersheds eventually flow into the Mississippi River." Katie Garvey (photo ELPC) Besler-Gadient farm (photo Chicago Tribune) Elle Gadient (photo Forbes)
 Besler-Gadient Farm (photo Elle Gadient) Two recent stories reported in the December Minnesota Board of Water and Soil Resources Snapshots newsletter focus on success: success in cleaning up lakes by working to reduce phosphorus inflows in their watersheds, and success in the growth of climate-smart agriculture practices.
With help from a grant from the Mississippi River Network, LWV UMRR and artist Christine Curry will be showing up at venues up and down the river with this display. Come and see it when it's in your area! Here's a partial list - sign up to get updates as we travel!  Friday, April 12-20: Pure Iowa Water—Pop Art Exhibit Opening Reception Friday, April 12 from 2 to 4 p.m. at the Galena Public Library, Galena, Illinois. Exhibit remains on display until April 20th. For more details, click here. Monday, April 22-23: Pure Iowa Water—Pop Art Exhibit will be at the Musser Public Library in Muscatine, Iowa with a special Earth Day program starting at 6 p.m., Monday, April 22nd. For more details, click here. Wednesday, April 24-25: Pure Iowa Water—Pop Art Exhibit will be at the Environmental Learning Center in Muscatine, Iowa, with a special presentation at Thursday, April 25th at 10 a.m. For more details, click here. Many more dates to come, from St. Paul to St. Louis! Sign up to get updates and come see the exhibit when it comes to a river town near you! ILLINOIS, WE HAVE A PROBLEM!  Of the streams that Illinois EPA has assessed for water quality conditions from 2020–2022:
This campaign that aims to change the way Illinois thinks about and cares for its water. Starting in southern Illinois and working their way north, PRN will support downstream communities by listening to their concerns and helping to identify and implement locally-informed solutions and financial resources. Through these efforts, PRN will support communities as they build climate resiliency and advance their vision for the future. Clean Water Forever starts with telling the truth about the water quality crisis in the Midwest and ends with finding long-term solutions to protect Illinois communities. Robert Hirschfeld is the Director of Water Policy for the Prairie Rivers Network. The Prairie Rivers Network is based in Champaign, Illinois.
Illinois’ communities, rivers, and habitat. He also works on many of PRN’s communications and social media campaigns, and he produces videos and podcasts. Background: Robert joined PRN in March 2011. Before joining the professional staff, Robert was a legal intern for PRN, working on Clean Water Act compliance and enforcement. Robert sometimes dabbles in music. Education: B.A. in religion and Asian studies from the University of Puget Sound and a J.D. from the University of Illinois College of Law About the Prairie Rivers Network:
The Prairie Rivers Network works to protect water, heal land and inspire change, using the creative power of science, law, and collective action. Prairie Rivers Network is the independent, state affiliate of the National Wildlife Federation. You can read the PRN 2020-2024 Strategic Plan for more information on their mission and vision for Illinois’ rivers and streams. Here are links to information about PRN's organization: MISSION & HISTORY ACCOMPLISHMENTS BOARD OF DIRECTORS STAFF
Our guest speaker was Rob Lee, staff attorney for Midwest Environmental Advocates (bio below). Rob provided a brief history of the Clean Water Act (CWA) prior to 2015 regulations defining Water of the US (WOTUS), and the 2020 Navigable Water Protection Rule. Then he'll talk about the May 2023 Supreme Court Ruling and the now revised regulations just issued by US EPA and the Corps of Engineers with a final revised definition of Waters of the US. Once Rob has set the stage, LWV UMRR's Gretchen Sabel will present information on the status of wetland regulation in the UMRR states based on a 2022 analysis by the Environmental Law Institute, followed by a look at LWV positions that relate to actions supporting strong implementation of the CWA. We'll round out the hour with discussion period led by LWV UMRR Chair Mary Ellen Miller.  Priest Lake in Idaho; photo NBC News You'll find more information on the Sackett decision here and here on the LWV UMRR blog. Here's a link to an excelllent blog article by Jared Mott of the Izaak Walton League that also provides background. 
 Photo credit: Minnesota Pollution Control Agency The implications of this decision will vary by state, depending on how the state regulates ephemeral waters. (Ephemeral waters are waters that present in wet times but vanish in dry times. A permanent wetland can be isolated in dry times, but connected to a lake, river or stream in wet times.) The author of this blog post checked State Departments of Agriculture in the five states now part of the LWV UMRR family. Wisconsin, Illinois, Missouri and Minnesota had no mention of the Sackett decision as of May 29. Iowa Secretary of Agriculture Mike Naig, applauded the decision as bringing needed certainty to farmers. In states where state regulations do not prohibit removing isolated wetlands or preserving ephemeral watercourses, it's reasonable to think that there will be significant pressure to develop or farm in these areas. Even if something like this is allowed now, those who do the developing and farming will still face the reality that water 'seeks its own level', meaning that in large rainfall events or wet seasons these areas will again be inundated and the water will need to be dealt with. Where will this water go?
The Minnesota is degraded by excess nutrients and sediments that erode streambanks and bury aquatic habitat. The increased flow in the river due to the drainage of the extensive wetlands that covered the land before European settlement has caused significant damage to the river.  Th is has led to the Minnesota being not only a major source of nutrient pollution to the Mississippi, but also being "a river where aquatic life struggles."  Rivers and streams across the Midwest are similarly degraded. The Sackett decision can lead to more drainage and more development. This expansion will alter the hydrology, leading to two major concerning outcomes. One will be reducing the time that water has to sink into the soil and replenish groundwater; the other will be the direct discharge of more runoff to surface waters, making them hotter and dirtier. (Want to learn more about the role of groundwater in the hydrologic cycle? Read here.) Hotter and dirtier water will mean more struggles for aquatic life, and less 'fishable and swimmable' waters overall.
Now that the federal government has opened this door, it will be up to individuals, local governments and state leaders across the country to decide how protected our waters will be for the foreseeable future. The U.S. Supreme Court Court on May 25 significantly curtailed the power of the Environmental Protection Agency to regulate the nation's wetlands and waterways. It was the court's second decision in a year limiting the ability of the agency to enact anti-pollution regulations and combat climate change. Reporting by Nina Totenberg of National Public Radio quotes President Biden as calling the decision "disappointing." It "upends the legal framework that has protected America's waters for decades," he said. "It also defies the science that confirms the critical role of wetlands in safeguarding our nation's streams, rivers, and lakes from chemicals and pollutants that harm the health and wellbeing of children, families, and communities." Farmers and developers see it differently - this will enable them to use wetlands that were previously restricted. The National Association of State Departments of Agriculture reports in a May 25 email that this decision in Sackett v. EPA clarifies states’ authority and brings hope of regulatory certainty for farmers. NASDA CEO Ted McKinley says "The Supreme Court’s unanimous decision in Sackett v. EPA today comes as welcome news to farmers, landowners and state departments of agriculture who sought clarity on what has been an over-litigated issue for decades,” McKinney said. “We take relief in this decision as the justices clearly state the ‘significant nexus theory is particularly implausible’ and the EPA has no statutory basis to impose the standard.” The Des Moines Register in an May 25 article reports on the split decision:
In a May 25 press release, EPA Administrator Michael S. Regan issued the following statement: “As a public health agency, EPA is committed to ensuring that all people, regardless of race, the money in their pocket, or community they live in, have access to clean, safe water. We will never waver from that responsibility. I am disappointed by today’s Supreme Court decision that erodes longstanding clean water protections. The Biden-Harris Administration has worked to establish a durable definition of ‘waters of the United States’ that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing the clarity and certainty that farmers, ranchers, and landowners deserve. These goals will continue to guide the agency forward as we carefully review the Supreme Court decision and consider next steps. In 1972, an overwhelming bipartisan majority in Congress passed the Clean Water Act, giving EPA and Army Corp implementation responsibilities. In doing so, our leaders recognized that protecting our nation’s waters is vital to ensuring a thriving economy and agricultural sector, to sustaining diverse ecosystems, and to protecting the water our children drink. Over the past 50 years, we have made transformational progress — rivers that were once on fire have been restored and now sustain vibrant communities in every corner of the country. A common sense and science-based definition of ‘waters of the United States’ is essential to building on that progress and fulfilling our responsibility to preserve our nation’s waters — now and for future generations.” This interpretation is another volley in the game of political football that the Clean Water Rule has become. Previous reporting on the LWV UMRR Blog:
Our speakers are ardent and knowledgeable people who know hydrology and are passionate about the rugged terrain and wild waters of the Driftless area. The video starts with the basics - how groundwater works, interconnections to surface water, land use impacts and drinking water impairment. Jeff Broberg led us through this with humor and grace. Jeff's home in rural Winona doesn't have a safe water supply, so he has a personal stake in the water quality of the area. Next our speakers addressed two examples of watersheds - one in Minnesota and one in Iowa. The WinLac watershed in Minnesota surrounds the cities of Winona and La Crescent, along the Mississippi. The uplands of this watershed are in the Karst bluffs and land use has heavily impacted drinking water quality. Paul Wotzka described the impacts we see in this small watershed, including the impacts of row crop and animal agriculture. When land use changes, water quality improves. How does that work? Paul explained how his land practices have improved the water at his home. The second watershed we looked at is Bloody Run in northeastern Iowa - read more about Bloody Run at this link. Larry Stone is part of the Save Bloody Run movement, and he provided an update on where this case is in the courts and on the ground. The webinar wrapped up with a lively question and answer session led by LWV UMRR Chair Mary Ellen Miller. Many thanks to our speakers for this excellent program!
There's a whole more ways that water moves in products. Bottled beverages, dairy products, agricultural products and much more. In November, CNN posted an article on how groundwater in Arizona (yes, super-dry Arizona) is being used to grow alfalfa that is shipped to Saudi Arabia (where the use of groundwater for agricultural products has been prohibited) to feed cattle for Saudi dairy products.
Dropping groundwater levels are not just a problem of water supply for residents; cities are impacted, too, threatening the water supply of thousands. And when aquifers drop, the ground surface compacts, resulting in land subsidence. And changes in land use have resulted in other problems; the CNN article documents floods of silt that have impacted local homes due to changes in runoff patterns.
Arizona passed a law back in 1980, the Arizona Groundwater Protection Act, that established "Active Management Areas" around Phoenix, Tucson and other high-growth areas, but does not address agricultural use of groundwater. (This article on the Arizona Municipal Water Users Association blog describe the Act and provides background on why it was passed.) Foreign interests are exploiting the lack of protection for the resource and are 'mining' the resource to move groundwater, as products, from this very thirsty region.
We should take time to think about this... it's easier to feel outrage about Arizona water feeding Saudi cows than it is about Midwestern schoolkids eating Arizona citrus. But we are all part of the problem... and we all need to be part of developing and implementing smart laws and effective protection measures to protect our water resources.
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