Text: HF02291 Text: HF02293 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2292
1 2
1 3 AN ACT
1 4 RELATING TO PERMITS FOR AQUIFER STORAGE AND RECOVERY AND
1 5 MAKING PENALTIES APPLICABLE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 455B.261, Code 1997, is amended by
1 10 adding the following new subsections:
1 11 NEW SUBSECTION. 0A. "Aquifer" means a water-bearing
1 12 geologic formation which is capable of yielding a usable
1 13 quantity of water to a well or spring and which transports and
1 14 stores groundwater.
1 15 NEW SUBSECTION. 0B. "Aquifer storage and recovery" means
1 16 the injection and storage of treated water in an aquifer
1 17 through a permitted well during times when treated water is
1 18 available, and withdrawal of the treated water from the same
1 19 aquifer through the same well during times when treated water
1 20 is needed.
1 21 Sec. 2. Section 455B.261, subsections 10 and 11, Code
1 22 1997, are amended to read as follows:
1 23 10. "Permit" means a written authorization issued by the
1 24 department to a permittee which authorizes diversion, storage,
1 25 including storage of treated water in an aquifer, or
1 26 withdrawal of water limited as to quantity, time, place, and
1 27 rate in accordance with this part or authorizes construction,
1 28 use, or maintenance of a structure, dam, obstruction, deposit,
1 29 or excavation in a floodway or flood plain in accordance with
1 30 the principles and policies of protecting life and property
1 31 from floods as specified in this part.
1 32 11. "Permittee" means a person who obtains a permit from
1 33 the department authorizing the person to take possession by
1 34 diversion, storage in an aquifer, or otherwise and to use and
1 35 apply an allotted quantity of water for a designated
2 1 beneficial use, and who makes actual use of the water for that
2 2 purpose or a person who obtains a permit from the department
2 3 authorizing construction, use, or maintenance of a structure,
2 4 dam, obstruction, deposit, or excavation in a floodway or
2 5 flood plain for a designated purpose.
2 6 Sec. 3. Section 455B.265, Code 1997, is amended by adding
2 7 the following new subsection:
2 8 NEW SUBSECTION. 4. Permits for aquifer storage and
2 9 recovery shall be granted for a period of twenty years or the
2 10 life of the project, whichever is less, unless revoked by the
2 11 department. The department shall adopt rules pursuant to
2 12 chapter 17A relating to information an applicant for a permit
2 13 shall submit to the department. At a minimum, the information
2 14 shall include engineering, investigation, and evaluation
2 15 information requisite to assure protection of the groundwater
2 16 resource, and assurances that an aquifer storage and recovery
2 17 site shall not unreasonably restrict other uses of the
2 18 aquifer. Upon application and prior to the termination date
2 19 specified in the original permit or a subsequent renewal
2 20 permit, a renewal permit may be issued by the department for
2 21 an additional period of twenty years. The department shall
2 22 not authorize withdrawals of treated water from an aquifer
2 23 storage and recovery site by anyone other than the permittee
2 24 during the period of the original permit and each subsequent
2 25 renewal permit. Treated water injected into an aquifer
2 26 covered by a permit issued pursuant to this subsection is the
2 27 property of the permittee.
2 28 Sec. 4. Section 455B.269, Code 1997, is amended to read as
2 29 follows:
2 30 455B.269 TAKING WATER PROHIBITED.
2 31 1. A person shall not take water from a natural
2 32 watercourse, underground basin or watercourse, drainage ditch,
2 33 or settling basin within this state for any purpose other than
2 34 a nonregulated use except in compliance with the sections of
2 35 this part which relate to the withdrawal, diversion, or
3 1 storage of water. However, existing uses may be continued
3 2 during the period of the pendency of an application for a
3 3 permit.
3 4 2. A person, other than the aquifer storage and recovery
3 5 permittee, shall not take treated water from a permitted
3 6 aquifer storage and recovery site within this state.
3 7
3 8
3 9
3 10 RON J. CORBETT
3 11 Speaker of the House
3 12
3 13
3 14
3 15 MARY E. KRAMER
3 16 President of the Senate
3 17
3 18 I hereby certify that this bill originated in the House and
3 19 is known as House File 2292, Seventy-seventh General Assembly.
3 20
3 21
3 22
3 23 ELIZABETH ISAACSON
3 24 Chief Clerk of the House
3 25 Approved , 1998
3 26
3 27
3 28
3 29 TERRY E. BRANSTAD
3 30 Governor
Text: HF02291 Text: HF02293 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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