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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