DES MOINES, Iowa (AP) – Des Moines Water Works’ board has decided not to appeal the dismissal of the utility’s lawsuit against three counties. The lawsuit dismissed March 17 by a federal judge accused the counties of allowing agricultural drainage districts to send nitrate pollution into the rivers the utility uses for drinking water.

Water Works CEO Bill Stowe said in a news release after the board’s decision Tuesday that “central Iowa will continue to be burdened with expensive, serious and escalating water pollution problems.” The Des Moines Register reports that the board had originally agreed to spend $1.35 million to pursue the lawsuit.

Stowe says the board “views these resources would be better spent finding other avenues to pursue environmental protection rather than legal action, like trying to affect public policy through lobbying.”