Senate
File
227
-
Introduced
SENATE
FILE
227
BY
KIBBIE
,
BARTZ
,
FRAISE
,
McKINLEY
,
COURTNEY
,
and
KAPUCIAN
A
BILL
FOR
An
Act
relating
to
drainage
districts,
by
providing
for
the
1
assessment
of
benefits
by
state
agencies,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
468.2,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
The
drainage
of
surface
waters
from
agricultural
lands
3
and
all
other
lands
,
including
state-owned
lakes
and
wetlands,
4
or
the
protection
of
such
lands
from
overflow
shall
be
presumed
5
to
be
a
public
benefit
and
conducive
to
the
public
health,
6
convenience,
and
welfare.
7
Sec.
2.
Section
468.40,
Code
2011,
is
amended
by
adding
the
8
following
new
unnumbered
paragraph:
9
NEW
UNNUMBERED
PARAGRAPH
.
When
the
land
is
a
state-owned
10
lake
or
state-owned
wetland,
the
commissioners
shall
ascertain
11
the
benefits
realized
from
removing
excess
water
and
shall
12
not
consider
any
benefit
realized
if
the
state-owned
lake
or
13
state-owned
wetland
were
drained
or
converted
to
another
land
14
use.
15
Sec.
3.
Section
468.43,
unnumbered
paragraph
3,
Code
2011,
16
is
amended
to
read
as
follows:
17
When
state-owned
land
under
the
jurisdiction
of
the
18
department
of
natural
resources
is
situated
within
a
levee
or
19
drainage
district,
the
commissioners
assessing
benefits
shall
20
ascertain
and
return
in
their
report
the
amount
of
benefits
and
21
the
apportionment
of
costs
and
expenses
to
the
land,
and
the
22
board
of
supervisors
shall
assess
the
amount
against
the
land.
23
In
estimating
benefits
to
land
which
is
a
state-owned
lake
or
24
state-owned
wetland,
the
commissioners
shall
ascertain
benefits
25
as
provided
in
section
468.40.
26
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
27
immediate
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
RECOMMENDATION.
This
bill
is
based
on
a
recommendation
of
30
the
levee
and
drainage
district
law
study
committee
which
met
31
in
2010.
32
LEVEE
AND
DRAINAGE
DISTRICTS.
The
bill
addresses
levee
and
33
drainage
districts
organized
under
Code
chapter
468,
which
34
authorizes
the
removal
of
excess
precipitation
accumulating
on
35
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227
land
and
the
protection
of
land
from
surface
water
flooding.
A
1
district
is
managed
by
a
“board”
which
is
the
county
board
of
2
supervisors
for
a
district
established
in
one
county,
the
joint
3
boards
of
supervisors
in
a
district
which
crosses
county
lines
4
(intercounty
districts),
or
by
the
district’s
landowners
acting
5
through
an
elected
board
of
trustees
(Code
section
468.3(2)).
6
The
land
is
assessed
by
“commissioners”
who
are
three
persons
7
appointed
by
a
board
to
classify
lands,
fix
percentages
of
8
benefits,
and
apportion
and
assess
costs
and
expenses
in
any
9
levee
or
drainage
district
(Code
section
468.38).
10
ASSESSMENT
OF
STATE-OWNED
LAKES
AND
STATE-OWNED
WETLANDS.
11
This
bill
expressly
provides
that
the
recognized
public
12
benefit
derived
from
draining
surface
water
from
land
includes
13
state-owned
lakes
and
wetlands.
It
also
provides
for
the
14
manner
of
assessment.
The
commissioners
are
required
to
base
15
the
amount
assessed
on
the
benefits
realized
from
removing
16
excess
water
and
cannot
consider
any
benefit
realized
if
17
the
state-owned
lake
or
state-owned
wetland
were
drained
or
18
converted
to
another
land
use.
19
EFFECTIVE
DATE.
The
Act
takes
effect
upon
enactment.
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