Text: HF00169 Text: HF00171 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 331.309 AGRICULTURAL DRAINAGE
1 2 WELLS – PENALTY.
1 3 1. "Agricultural drainage well" means a vertical opening
1 4 to an aquifer or permeable substratum which is constructed by
1 5 any means including but not limited to drilling, driving,
1 6 digging, boring, augering, jetting, washing, or coring, and
1 7 which is capable of intercepting or receiving surface or
1 8 subsurface drainage water from agricultural land.
1 9 2. An owner of land shall do all of the following by July
1 10 1, 1999:
1 11 a. If the land has a surface water intake emptying into an
1 12 agricultural drainage well, including a surface water intake
1 13 located in a road ditch, the landowner shall remove the
1 14 surface water intake. This surface-water-intake removal
1 15 requirement does not require a person to remove or prohibit a
1 16 person from installing a tile line that empties into an
1 17 agricultural drainage well, if the tile line does not have a
1 18 surface water intake.
1 19 b. If the land has a cistern connecting to an agricultural
1 20 drainage well, the landowner shall construct and maintain
1 21 sidewalls surrounding the cistern in order to prevent surface
1 22 water runoff directly emptying into the agricultural drainage
1 23 well. The landowner shall install a valve on each tile line
1 24 where it connects to a cistern which allows the closure of the
1 25 tile line.
1 26 c. If the land has an agricultural drainage well, the
1 27 landowner shall ensure that the drainage system is adequately
1 28 ventilated in a manner that does not allow surface water
1 29 runoff to directly empty into the agricultural drainage well.
1 30 The landowner shall install a vented cover over the
1 31 agricultural drainage well and install air intakes connecting
1 32 to related tile lines as necessary.
1 33 3. A county may adopt minimum standards to administer the
1 34 requirements of this section. The department of natural
1 35 resources shall provide information regarding landowners
2 1 registering agricultural drainage wells pursuant to section
2 2 159.29 to each county board of supervisors and each drainage
2 3 district organized pursuant to chapter 468, in which an
2 4 agricultural drainage well is registered.
2 5 4. Landowners of land on which an agricultural drainage
2 6 well is located shall be notified of the deadline for
2 7 complying with this section by print, electronic media, or
2 8 other notification process, as follows:
2 9 a. If the agricultural drainage well is not located on
2 10 land within a drainage district as provided in chapter 468,
2 11 the county shall provide the notice.
2 12 b. If the agricultural drainage well is located on land
2 13 within a drainage district as provided in chapter 468, the
2 14 board of the drainage district shall provide the notice,
2 15 unless the county and the district where the agricultural
2 16 drainage well is located determine that notice will be
2 17 provided by the county.
2 18 5. A surface tile emptying into an agricultural drainage
2 19 well shall be inspected to ensure compliance with this
2 20 section, as follows:
2 21 a. If the agricultural drainage well is not located within
2 22 a drainage district as provided in chapter 468, the inspection
2 23 shall be made as required by the county board of supervisors
2 24 in the county in which the agricultural drainage well is
2 25 located.
2 26 b. If the agricultural drainage well is located on land
2 27 within a drainage district as provided in chapter 468, the
2 28 inspection shall be made as required by the board of the
2 29 drainage district, unless the county and the district
2 30 determine that inspection will be made by the county.
2 31 The expenses incurred by the board of supervisors for
2 32 notification, inspection, and recordation shall be prorated
2 33 among the landowners in the county who own land on which an
2 34 agricultural drainage well is located. The amount shall be
2 35 placed upon the tax books, and collected with interest and
3 1 penalties after due, in the same manner as other unpaid
3 2 property taxes. However, if expenses are incurred by the
3 3 board of the drainage district, the amount shall be charged to
3 4 the landowners in the district.
3 5 6. A person who violates this section commits a simple
3 6 misdemeanor. However, if a person is convicted of violating
3 7 this section and again violates this section by not taking
3 8 action necessary to correct a previous violation within sixty
3 9 days after the person was convicted of the previous violation,
3 10 the person commits a serious misdemeanor. If a person is
3 11 convicted of violating this section two or more times and
3 12 again violates this section by not taking action necessary to
3 13 correct a previous violation within sixty days after the
3 14 person was convicted of the last previous violation, the
3 15 person commits an aggravated misdemeanor.
3 16 EXPLANATION
3 17 This bill provides that an owner of land where water drains
3 18 into an agricultural drainage well must eliminate surface
3 19 water drainage into the wells by July 1, 1999, by removing
3 20 surface water intakes, constructing and maintaining sidewalls
3 21 surrounding a connected cistern, installing shut-off valves
3 22 where tile lines meet a cistern, installing air intakes, and
3 23 installing vented covers over the agricultural drainage wells.
3 24 The bill provides that counties may adopt minimum standards to
3 25 carry out the requirements of the bill. The department of
3 26 natural resources must provide counties with information
3 27 relating to owners registering agricultural drainage wells.
3 28 The bill provides that owners of land where an agricultural
3 29 drainage well is located shall be notified of the deadline for
3 30 complying with this section by print, electronic media, or
3 31 other notification process, by the county or a drainage
3 32 district where the land is located. The bill also provides
3 33 that a surface tile emptying into an agricultural drainage
3 34 well must be inspected to ensure compliance with the bill.
3 35 The bill provides that inspection must be made by the county
4 1 or the drainage district where the agricultural drainage well
4 2 is located.
4 3 The bill provides penalties ranging from a simple
4 4 misdemeanor to an aggravated misdemeanor for violations of
4 5 provisions requiring that owners eliminate surface water
4 6 drainage into wells by July 1, 1999.
4 7 This bill may create a state mandate as provided in chapter
4 8 25B.
4 9 LSB 1602YH 77
4 10 da/jj/8
Text: HF00169 Text: HF00171 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Fri Feb 21 03:40:32 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00100/HF00170/970206.html
jhf