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1 1 Section 1. NEW SECTION. 331.309 AGRICULTURAL DRAINAGE
1 2 WELLS – PENALTY.
1 3 1. The owner of land shall do all of the following by July
1 4 1, 1998:
1 5 a. If the land contains a surface water intake emptying
1 6 into an agriculture well, the owner shall remove the surface
1 7 water intake by July 1, 1998. This surface-water-intake
1 8 removal requirement does not require a person to remove or
1 9 prohibit a person from installing a tile line that empties
1 10 into an agricultural drainage well, if the tile line does not
1 11 have a surface water intake.
1 12 b. If the land contains a cistern connecting to an
1 13 agricultural drainage well, the owner shall construct and
1 14 maintain sidewalls surrounding the cistern in order to prevent
1 15 surface water runoff directly emptying into the agricultural
1 16 drainage well.
1 17 c. If the land contains an agricultural drainage well, the
1 18 owner shall install a vented cover over the agricultural
1 19 drainage well in order to prevent surface water runoff
1 20 directly emptying into the agricultural drainage well.
1 21 2. A county may adopt minimum standards to administer the
1 22 requirements of this section. The department of natural
1 23 resources shall provide information relating to owners
1 24 registering agricultural drainage wells pursuant to section
1 25 159.29 to each county board of supervisors and each drainage
1 26 district organized pursuant to chapter 468, where an
1 27 agricultural drainage well is registered.
1 28 3. Landowners of land where an agricultural drainage well
1 29 is located shall be notified of the deadline for complying
1 30 with this section by print, electronic media, or other
1 31 notification process, as follows:
1 32 a. If the agricultural drainage well is not located on
1 33 land within a drainage district as provided in chapter 468,
1 34 the county shall provide the notice.
1 35 b. If the agricultural drainage well is located on land
2 1 within a drainage district as provided in chapter 468, the
2 2 board of the drainage district shall provide the notice,
2 3 unless the county and the district determine that notice will
2 4 be provided by the county.
2 5 4. A surface tile emptying into an agricultural drainage
2 6 well shall be inspected to ensure compliance with this
2 7 section, as follows:
2 8 a. If the agricultural drainage well is not within a
2 9 drainage district as provided in chapter 468, the inspection
2 10 shall be made as required by the county board of supervisors.
2 11 b. If the agricultural drainage well is located on land
2 12 which is within a drainage district as provided in chapter
2 13 468, the inspection shall be made as required by the board of
2 14 the drainage district, unless the county and the district
2 15 determine that inspection will be made by the county.
2 16 The expenses incurred by the board of supervisors for
2 17 notification, inspection, and recordation shall be paid
2 18 equally by landowners in the county who own land where there
2 19 is located an agricultural drainage well. The amount shall be
2 20 placed upon the tax books, and collected with interest and
2 21 penalties after due, in the same manner as other unpaid
2 22 property taxes. However, if expenses are incurred by the
2 23 board of the drainage district, the amount shall be charged to
2 24 the landowners in the district.
2 25 5. A person who does not comply with this section is
2 26 guilty of a simple misdemeanor. However, if a person was
2 27 guilty of violating this section and again violates this
2 28 section by not taking action necessary to correct a previous
2 29 violation within sixty days after judgment is entered, the
2 30 person is guilty of a serious misdemeanor. If a person was
2 31 guilty of violating this section two or more times and again
2 32 violates this section by not taking action necessary to
2 33 correct a previous violation within sixty days after the last
2 34 judgment is entered, the person is guilty of an aggravated
2 35 misdemeanor.
3 1 Sec. 2. Section 455B.201, subsection 4, Code Supplement
3 2 1995, is amended by adding the following new subsection:
3 3 4. A person shall not use spray irrigation equipment to
3 4 apply manure on land from which water drains into an
3 5 agricultural drainage well. A person shall not otherwise
3 6 apply manure by spray irrigation equipment, except as provided
3 7 by rules which shall be adopted by the department pursuant to
3 8 chapter 17A.
3 9 SF 2223
3 10 da/cc/26
Text: SF02222 Text: SF02224 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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