Text: SF00035 Text: SF00037 Text: SF00000 - SF00099 Text: SF 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. An owner of land shall do all of the following by July
1 4 1, 1999:
1 5 a. If the land has a surface water intake emptying into an
1 6 agricultural drainage well, including a surface water intake
1 7 located in a road ditch, the landowner shall remove the
1 8 surface water intake. This surface-water-intake removal
1 9 requirement does not require a person to remove or prohibit a
1 10 person from installing a tile line that empties into an
1 11 agricultural drainage well, if the tile line does not have a
1 12 surface water intake.
1 13 b. If the land has a cistern connecting to an agricultural
1 14 drainage well, the landowner shall construct and maintain
1 15 sidewalls surrounding the cistern in order to prevent surface
1 16 water runoff directly emptying into the agricultural drainage
1 17 well.
1 18 c. If the land has an agricultural drainage well, the
1 19 landowner shall install a vented cover over the agricultural
1 20 drainage well in order to prevent surface water runoff
1 21 directly emptying into the agricultural drainage well.
1 22 2. A county may adopt minimum standards to administer the
1 23 requirements of this section. The department of natural
1 24 resources shall provide information regarding landowners
1 25 registering agricultural drainage wells pursuant to section
1 26 159.29 to each county board of supervisors and each drainage
1 27 district organized pursuant to chapter 468, where an
1 28 agricultural drainage well is registered.
1 29 3. Landowners of land where an agricultural drainage well
1 30 is located shall be notified of the deadline for complying
1 31 with this section by print, electronic media, or other
1 32 notification process, as follows:
1 33 a. If the agricultural drainage well is not located on
1 34 land within a drainage district as provided in chapter 468,
1 35 the county shall provide the notice.
2 1 b. If the agricultural drainage well is located on land
2 2 within a drainage district as provided in chapter 468, the
2 3 board of the drainage district shall provide the notice,
2 4 unless the county and the district where the agricultural
2 5 drainage well is located determine that notice will be
2 6 provided by the county.
2 7 4. A surface tile emptying into an agricultural drainage
2 8 well shall be inspected to ensure compliance with this
2 9 section, as follows:
2 10 a. If the agricultural drainage well is not located within
2 11 a drainage district as provided in chapter 468, the inspection
2 12 shall be made as required by the county board of supervisors
2 13 in the county where the agricultural drainage well is located.
2 14 b. If the agricultural drainage well is located on land
2 15 which is within a drainage district as provided in chapter
2 16 468, the inspection shall be made as required by the board of
2 17 the drainage district, unless the county and the district
2 18 determine that inspection will be made by the county.
2 19 The expenses incurred by the board of supervisors for
2 20 notification, inspection, and recordation shall be prorated
2 21 among the landowners in the county who own land where there is
2 22 located an agricultural drainage well. The amount shall be
2 23 placed upon the tax books, and collected with interest and
2 24 penalties after due, in the same manner as other unpaid
2 25 property taxes. However, if expenses are incurred by the
2 26 board of the drainage district, the amount shall be charged to
2 27 the landowners in the district.
2 28 5. A person who violates this section is guilty of a
2 29 simple misdemeanor. However, if a person was guilty of
2 30 violating this section and again violates this section by not
2 31 taking action necessary to correct a previous violation within
2 32 sixty days after the person was found guilty of the previous
2 33 violation, the person is guilty of a serious misdemeanor. If
2 34 a person was guilty of violating this section two or more
2 35 times and again violates this section by not taking action
3 1 necessary to correct a previous violation within sixty days
3 2 after the person was found guilty of the last previous
3 3 violation, the person is guilty of an aggravated misdemeanor.
3 4 Sec. 2. Section 455B.201, subsection 4, Code 1997, is
3 5 amended to read as follows:
3 6 4. A person shall not use spray irrigation equipment to
3 7 apply manure on land from which water drains into an
3 8 agricultural drainage well. A person shall not otherwise
3 9 apply manure by spray irrigation equipment, except as provided
3 10 by rules which shall be adopted by the department pursuant to
3 11 chapter 17A.
3 12 EXPLANATION
3 13 This bill provides that an owner of land where water drains
3 14 into an agricultural drainage well must eliminate surface
3 15 water drainage into the wells by July 1, 1999, by removing
3 16 surface water intakes, constructing and maintaining sidewalls
3 17 surrounding a connected cistern, and installing vented covers
3 18 over the agricultural drainage wells. The bill provides that
3 19 counties may adopt minimum standards to carry out the
3 20 requirements of the bill. The department of natural resources
3 21 must provide counties with information relating to owners
3 22 registering agricultural drainage wells. The bill provides
3 23 that owners of land where an agricultural drainage well is
3 24 located shall be notified of the deadline for complying with
3 25 this section by print, electronic media, or other notification
3 26 process, by the county or a drainage district where the land
3 27 is located. The bill also provides that a surface tile
3 28 emptying into an agricultural drainage well must be inspected
3 29 to ensure compliance with the bill. The bill provides that
3 30 inspection must be made by the county or the drainage district
3 31 where the agricultural drainage well is located.
3 32 The bill also prohibits a person from using spray
3 33 irrigation equipment to apply manure on land from which water
3 34 drains into an agricultural drainage well.
3 35 The bill provides penalties ranging from a simple
4 1 misdemeanor to an aggravated misdemeanor for violations of
4 2 provisions requiring that owners eliminate surface water
4 3 drainage into wells by July 1, 1999. Other penalties would
4 4 apply to the illegal use of spray irrigation equipment; the
4 5 department of natural resources could impose a civil penalty
4 6 of up to $5,000 for such a violation.
4 7 LSB 1716XS 77
4 8 da/jj/8
Text: SF00035 Text: SF00037 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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