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July keeps string of wet months going

By Dar Danielson (Radio Iowa)

DNR hydrologist Tim Hall says it looks like July will end up slightly wetter than normal once the final numbers are in. He says it continues the string of normal or above normal months that has pulled Iowa out of the drought.

“The challenge that we’ve seen in the most recent month is although the rainfall is about average a lot of it came in the last week or ten days of the month,” he says. “And anytime you get a month’s worth of rain in a couple of weeks period of time it can be very, very challenging.” The latest map from the National Drought Monitor shows a clear map with no drought areas. Hall says while the colors indicating drought areas quickly washed off the map, the process was slow and steady. “While we’ve had a pretty rapid turnaround in drought conditions, this trend toward wetter weather and sort of giving us our side of the drought started almost ten months ago in October of last year,” Hall says.

Hall says water flows are back to normal on most waterways. “Last year there was a record number of irrigation permits that were in danger of being cut off because of low flow. If the stream flows too low, we don’t allow irrigators to withdraw water to irrigate under their permits. This year, no irrigation permits are even under any pressure,” he says. The drought had cities putting water use restrictions in place and Osceola has been looking at a plan to recycle wastewater. Hall says we’d be wise to not stop thinking about water use plans.

“We would caution and advise any utility that’s sometimes struggling with water supply to think about where they were a year ago and keep working on some proactive solutions,” Hall says, “because droughts gonna come back. Maybe not this year, maybe not next year, maybe not for several years.” But he says the drought will come back sometime and it’s best to be prepared and take steps that can help minimize the impact when it does.

Mahaska County Board of Supervisors to Consider 28E Agreements, Hiring of Economic Development Director

By Sam Parsons

The Mahaska County Board of Supervisors have their next regularly scheduled meeting scheduled for this morning. The agenda features the consideration of 28E agreements with the city of Fremont for Police Protection Services in FY 2024 and FY 2025.

The board will also discuss the potential for hiring an economic development director for Mahaska County. Additionally, the appointment of an ADA and safety coordinator to replace Troy Bemis will also be considered.

The meeting is scheduled to begin at 9:00am at the Mahaska County Courthouse.

EPA ends oversight of clean up related to Iowa plant explosion

By O. Kay Henderson (Radio Iowa)

The U-S Environmental Protection Agency has ended its oversight of clean-up at the eastern Iowa recycling facility that exploded in late 2022.

Asphalt shingles were being recycled at the C6-Zero plant in Marengo. Twenty employees were injured and part of Marengo had to be evacuated when the plant exploded. Six months later, after delays in the timeline for clean-up, state officials asked the federal government to start overseeing the removal of contaminated water and soil from the site.

Officials in the Iowa Department of Natural Resources will review the EPA’s final report and determine if the company should do more hazardous material clean up. The Iowa Occupational Safety and Health Administration has fined C6-Zero nearly $100,000 for 15 safety violations.

Three employees and an investor who was touring the plant at the time of the explosion also have sued the company. The State of Iowa has sued the company, as well, seeking $1.5 million to cover the cost of cleaning up contaminated water.

H & S FEED & COUNTRY STORE PET OF THE WEEK: “BUBBLY”

This week’s H&S Feed and Country Store Pet of the Week is “Bubbly”, a beautiful 4 year old kitty whose personality lives up to her name. Bubbly is super-affectionate, loves cuddles and gets along well with other cats. Bubbly is housetrained, fully vetted, vaccinated, microchipped and ready to go to a loving home. And because Bubbly is the Pet of the Week, the adoption fee is only $30 this week!

If you’d like to set up an appointment to meet Bubbly or any of the pets at Stephen Memorial Animal Shelter, visit https://www.stephenmemorial.org/ and fill out an adoption application.

Check out our visit about Bubbly with Shanna from Stephen Memorial Animal Shelter here:

JOHNNY CASH TO GET A STATUE IN DC

“The Man In Black” will be the “Man In Bronze” – or, whatever they make statues of. Johnny Cash is getting honored with a statue to be erected in the nation’s capital next month. Five years ago, then-Arkansas governor Asa Hutchinson announced that a statue of Cash would be added to the National Statuary Hall Collection, which is located in the US Capitol and features two statues from each state to honor notable natives. The statue of Cash will be replacing the current statue of James P. Clarke, a former Arkansas governor and US Senator whose statue has been in the Capitol Visitors Center since 1921. Clarke’s statue has become problematic in recent years, as he was a notable supporter of white supremacy; even his great-great-grandson, an Arkansas state senator, had called for his statue to be removed. So…Johnny Cash – a far superior Arkansas native to be honored. The unveiling ceremony takes place September 24.

This day in Country Music History

  • Today in 1969, the single, “Ruby, Don’t Take Your Love To Town,” by Kenny Rogers & The First Edition peaked at #6 on the pop singles chart.
  • Today in 1980, Johnny Lee’s single, “Lookin’ For Love,” entered the Top 40 chart.
  • Today in 1988, Restless Heart’s “Big Dreams In A Small Town” album was released.
  • Today in 1988, the album, “Buenos Noches From A Lonely Room,” by Dwight Yoakam was released.
  • Today in 1988, The Judds’ “Greatest Hits” album was released.
  • Today in 1990, Garth Brooks’ self-titled debut album was certified gold.
  • Today in 1991, George Strait’s “Beyond The Blue Neon” album was certified platinum.
  • Today in 1994, the Tractors’ self-titled debut album was released.
  • Today in 2000, the felony charges filed against Tim McGraw in connection with the infamous “horse incident” in Buffalo were dropped. Since he and Kenny Chesney still faced a variety of misdemeanor charges, the case eventually went to trial and the pair was completely exonerated.
  • Today in 2000, Keith Urban made history when he became the first Australian male country artist to earn a U.S. Top 10 country single with “Your Everything.”
  • Today in 2000, Trace Adkins and Charlie Daniels appeared in an episode of TNN’s “18 Wheels of Justice.”
  • Today in 2003, Montgomery Gentry’s “Hell Yeah” video debuted on CMT’s “Most Wanted Live.”
  • Today in 2005, ABC aired “CMA Music Festival: Country Music’s Biggest Party.”
  • Today in 2006, The “Cars” soundtrack was certified gold.
  • Today in 2008, Dierks Bentley played the Lollapalooza rock festival in Chicago.
  • Today in 2010, Brad Paisley’s “Anything Like Me” hit the airwaves.
  • Today in 2014, Hunter Hayes performed in a concert honoring the 75th anniversary of the Baseball Hall of Fame at the Clark Sports Center in Cooperstown, New York. He shared the stage with Paul Simon, Yolanda Adams and the Boston Pops.
  • Today in 2016, a California court dismisses a lawsuit filed by Sara Evans’ ex-husband, Craig Schelske, against TMZ. He had claimed he was not a public figure, thus should not have been mentioned in an unfavorable newscast. The court says he, in fact, made himself a public figure through his divorce proceedings.
  • Today in 2017, former “Duke Of Hazzard” star Tom Wopat was arrested in Waltham, Massachusetts, for sexual assault and cocaine possession. He recently took a plea deal and avoided jail time.
  • Today in 2017, Brett Eldredge was a guest on the E! series, “Hollywood Medium,” where he believed he makes contact with his late grandfather.
  • Today in 2018, Tyler Farr was rushed to an emergency room with a sprained ankle and a minor head injury after being tackled by a security guard at the Bayfront Festival Park in Duluth, Minnesota. It seems the guard thought he was an out-of-control fan, not the artist he was supposed to protect. All was well in the end, however – and Tyler went on to perform at the WE Fest the following day.
  • Today in 2019, Justin Moore became a subway singer, performing “Point At You,” “You Look Like I Need A Drink” and “The Ones That Didn’t Make It Back Home” underground in midtown New York City. See it HERE.

Federal judge overturns $4.7 billion jury verdict in ‘Sunday Ticket’ lawsuit and rules for NFL

LOS ANGELES (AP) — A federal judge overturned a jury’s $4.7 billion verdict in the class-action lawsuit filed by “Sunday Ticket” subscribers against the NFL and has granted judgment to the NFL.

U.S. District Judge Philip Gutierrez ruled Thursday that the testimony of two witnesses for the subscribers had flawed methodologies and should have been excluded.

“Without the testimonies of Dr. (Daniel) Rascher and Dr. (John) Zona, no reasonable jury could have found class-wide injury or damages,” Gutierrez wrote at the end of his 16-page ruling.

On June 27 the jury awarded $4.7 billion in damages to residential and commercial subscribers after it ruled the NFL violated antitrust laws in distributing out-of-market Sunday afternoon games on a premium subscription service.

The lawsuit covered 2.4 million residential subscribers and 48,000 businesses in the United States who paid for the package on DirecTV of out-of-market games from the 2011 through 2022 seasons.

“We are grateful for today’s ruling in the Sunday Ticket class action lawsuit,” the NFL said in a statement. “We believe that the NFL’s media distribution model provides our fans with an array of options to follow the game they love, including local broadcasts of every single game on free over-the-air television. We thank Judge Gutierrez for his time and attention to this case and look forward to an exciting 2024 NFL season.”

Calls and emails to the attorneys representing “Sunday Ticket” subscribers were not returned.

The jury of five men and three women found the NFL liable for $4,610,331,671.74 in damages to the residential class (home subscribers) and $96,928,272.90 in damages to the commercial class (business subscribers).

Because damages can be tripled under federal antitrust laws, the NFL could have been liable for $14,121,779,833.92.

Gutierrez did say in his decision that if he did not rule for the NFL as a matter of law, he would have vacated the jury’s damages verdict and conditionally grant a new trial “based on the jury’s irrational damages award.”

Rascher’s models were variations of a college football model. Rascher, an economist at the University of San Francisco, said during his testimony that “they figured it out in college sports, (so) they would certainly figure it out at the NFL.”

Gutierrez said Rascher’s testimony “was not the product of sound economic methodology” and that he needed to explain how out-of-market telecasts would have been available on cable and satellite without an additional subscription.

Gutierrez also found flaws in Zona’s “multiple distributor” models because it predicted consumers would have paid more if another service besides DirecTV offered “Sunday Ticket” and there was an unsupported assumption that another distributor — either cable, satellite or streaming — would have been available.

“Without knowing what “direct-to-consumer” meant, it is impossible to determine if it would have been economically rational for consumers to purchase ”Sunday Ticket” from an alternative distributor at a higher price,” Gutierrez said. “And, that definition was necessary for determining whether a viable alternative distributor even existed during the class period. Without that information, the Court cannot determine whether the but-for worlds without exclusivity were modeled reliably.

The jury’s amount also did not conform to Rascher’s model ($7.01 billion) by Daniel Rascher, or the model ($3.48 billion) by Zona, who was an expert witness in the case.

Instead, the jury used the 2021 list price of $293.96 and subtracted $102.74, the average price actually paid by residential Sunday Ticket subscribers. The jury then used $191.26, which it considered as the “overcharge,” and multiplied that by the number of subscribers to come up with the damages amount.

Gutierrez said the jury did not follow his instructions and “instead relied on inputs not tied to the record to create its own ‘overcharge.’”

It is not the first time the NFL has won a judgment as matter of law in this case, which has been going on since 2015.

In 2017, U.S. District Judge Beverly Reid O’Connell dismissed the lawsuit and ruled for the NFL because she said “Sunday Ticket” did not reduce output of NFL games and that even though DirecTV might have charged inflated prices, that did not “on its own, constitute harm to competition” because it had to negotiate with the NFL to carry the package.

Two years later, the 9th Circuit Court of Appeals reinstated the case.

It is likely the plaintiffs will again appeal to the 9th Circuit.

Heavy rains lead to wastewater bypasses in central and southern Iowa

STATEWIDE — Following heavy rainfall throughout central and southeast Iowa, the DNR encourages Iowans to stay out of streams until the waters recede. Heavy rain has inundated several areas and led to multiple wastewater discharges.

The DNR Field Offices in Des Moines and Washington were notified early this morning of wastewater bypasses in several counties in central and southeast Iowa. Currently, the department is unaware of impacts to municipal drinking water supplies or fish kills. DNR staff will continue to monitor these situations and assist impacted communities.

Heavy rainfall can overload wastewater collection systems and underground sewer pipes carrying sewage to a treatment plant. With sewage pipes overwhelmed, excess water has nowhere to go and can back up into basements through floor drains. Bypassing can lower the water level and alleviate pressure in the collection system, keeping sewage from backing up into basements, which could present health risks.

In Jefferson County, several inches fell in a short amount of time impacting the City of Mount Pleasant. The bypass is entering Saunders Branch with a discharge of approximately 500 gallons per minute from a lift station. Saunders Branch discharges into Big Creek to the south of town before the confluence with the Skunk River.

The city has two pumps in the area to attempt to reduce the amount of bypassed water entering Saunders Branch. Water samples are being collected in the area of the wastewater bypass. This is an ongoing discharge and is expected to last a couple days according to city staff. It is recommended the public avoids the impacted stretches of water.

Swimming Not Recommended at Lake Red Rock’s North Overlook Beach

KNOXVILLE, Iowa – Due to elevated bacterial counts, the U.S. Army Corps of Engineers, Rock Island District, advises that swimming is not recommended at Lake Red Rock’s North Overlook Beach until further notice.

“Swimming Not Recommended” signs will be posted at the beach until further testing indicates low bacteria counts. Sampling at the beach is performed weekly by the Corps through a contract with Iowa State University.

For more information on water quality monitoring at Lake Red Rock call 641-828-7522 or visit: www.mvr.usace.army.mil/Missions/Recreation/Lake-Red-Rock/.

Mahaska Health’s 13th Annual Run in the Sun is Tomorrow

OSKALOOSA — Mahaska Health is excited to host the annual 5K/2K Run in the Sun supporting Hospice Serenity House and caregivers in their mission to provide personalized, compassionate care to patients and their families. The 13th annual Run in the Sun race will begin at 8:00 am on Saturday, August 3rd, 2024, at the Statesmen Community Stadium in Oskaloosa, Iowa. The event also includes family-friendly post-race activities. Community members in Oskaloosa and the surrounding counties are welcome and encouraged to participate.

Participants can choose a 5k run or 2k walk. Registration for both options is $25, with the 5k run including a timing chip. All participants will receive a Run in the Sun T-shirt. Free children’s activities, such as a Kid’s Fun Run, face painting, Sno-Biz treats, and inflatables from Lazar Alley, will be available during the post-race activities. Groups and individuals of all ages are welcome to join in the fun. Friends and family are encouraged to cheer on the runners and show support through donations.

“Participants in this event make a difference in the lives of many,” shared Dr. Zacharjasz, Mahaska Health Family Medicine Physician and Hospice Medical Director, “Run in the Sun is a great opportunity to unite as a community to help others. We are very grateful to our volunteers, participants, and sponsors for making it possible to better support those in our care through this event. We look forward to seeing everyone on race day!” 

The annual Mahaska Health Foundation Run in the Sun helps the Mahaska Health Foundation and Hospice Serenity House continue to provide individualized, compassionate care to families who need it most. For information on registration, packet-pickup, race day schedule, and other details, visit: mahaskahealth.org/run2024.

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