Text: HF02053 Text: HF02055 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.261, Code 1997, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 0A. "Aquifer" means a water-bearing 1 4 geologic formation which is capable of yielding a usable 1 5 quantity of water to a well or spring and which transports and 1 6 stores groundwater. 1 7 NEW SUBSECTION. 0B. "Aquifer storage and recovery" means 1 8 the injection and storage of treated water in an aquifer 1 9 through a permitted well during times when treated water is 1 10 available, and withdrawal of the treated water from the same 1 11 aquifer through the same well during times when treated water 1 12 is needed. 1 13 Sec. 2. Section 455B.261, subsections 10 and 11, Code 1 14 1997, are amended to read as follows: 1 15 10. "Permit" means a written authorization issued by the 1 16 department to a permittee which authorizes diversion, storage, 1 17 including storage of treated water in an aquifer, or 1 18 withdrawal of water limited as to quantity, time, place, and 1 19 rate in accordance with this part or authorizes construction, 1 20 use, or maintenance of a structure, dam, obstruction, deposit, 1 21 or excavation in a floodway or flood plain in accordance with 1 22 the principles and policies of protecting life and property 1 23 from floods as specified in this part. 1 24 11. "Permittee" means a person who obtains a permit from 1 25 the department authorizing the person to take possession by 1 26 diversion, storage in an aquifer, or otherwise and to use and 1 27 apply an allotted quantity of water for a designated 1 28 beneficial use, and who makes actual use of the water for that 1 29 purpose or a person who obtains a permit from the department 1 30 authorizing construction, use, or maintenance of a structure, 1 31 dam, obstruction, deposit, or excavation in a floodway or 1 32 flood plain for a designated purpose. 1 33 Sec. 3. Section 455B.265, Code 1997, is amended by adding 1 34 the following new subsection: 1 35 NEW SUBSECTION. 4. Permits for aquifer storage and 2 1 recovery shall be granted for a period of twenty years or the 2 2 life of the project, whichever is less, unless revoked by the 2 3 department. Upon application and prior to the termination 2 4 date specified in the original permit or a subsequent renewal 2 5 permit, a renewal permit may be issued by the department for 2 6 an additional period of twenty years. The department shall 2 7 not authorize withdrawals of treated water from an aquifer 2 8 storage and recovery site by anyone other than the permittee 2 9 during the period of the original permit and each subsequent 2 10 renewal permit. Treated water injected into an aquifer 2 11 covered by a permit issued pursuant to this subsection is the 2 12 property of the permittee. 2 13 Sec. 4. Section 455B.269, Code 1997, is amended to read as 2 14 follows: 2 15 455B.269 TAKING WATER PROHIBITED. 2 16 1. A person shall not take water from a natural 2 17 watercourse, underground basin or watercourse, drainage ditch, 2 18 or settling basin within this state for any purpose other than 2 19 a nonregulated use except in compliance with the sections of 2 20 this part which relate to the withdrawal, diversion, or 2 21 storage of water. However, existing uses may be continued 2 22 during the period of the pendency of an application for a 2 23 permit. 2 24 2. A person, other than the aquifer storage and recovery 2 25 permittee, shall not take treated water from a permitted 2 26 aquifer storage and recovery site within this state. 2 27 EXPLANATION 2 28 This bill authorizes the department of natural resources to 2 29 issue permits for aquifer storage and recovery sites. Aquifer 2 30 storage and recovery is defined as the injection and storage 2 31 of treated water in an aquifer through a well during times 2 32 when treated water is available and the withdrawal of treated 2 33 water from the same aquifer through the same well during times 2 34 when treated water is needed. 2 35 The bill allows the department to issue aquifer storage and 3 1 recovery permits for a period of 20 years or the life of the 3 2 project, whichever is less. Permits may be renewed an 3 3 unlimited number of times for periods of 20 years. The bill 3 4 provides that the department shall not authorize withdrawals 3 5 of treated water from an aquifer storage and recovery site by 3 6 anyone other than the permittee during the period of the 3 7 original permit and each subsequent renewal permit. The bill 3 8 provides that treated water which is injected into a permitted 3 9 aquifer storage and recovery site is the property of the 3 10 permittee. 3 11 The bill prohibits the withdrawal of treated water from a 3 12 permitted aquifer storage and recovery site within this state 3 13 by a person other than the aquifer storage and recovery 3 14 permittee. A person violating this prohibition is subject to 3 15 a civil penalty not to exceed $500 for each day the violation 3 16 occurs as provided in Code section 455B.279. 3 17 LSB 3471HH 77 3 18 tm/jw/5.1
Text: HF02053 Text: HF02055 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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