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House Journal: Page 1527: Monday, April 13, 1998

39   irrigation equipment, except as provided by rules
40   adopted by the department pursuant to chapter 17A.
41   However, a person shall not use restricted spray
42   irrigation equipment to apply manure originating from
43   a confinement feeding operation, unless the manure has
44   been diluted as provided by rules adopted by the
45   department, including diluted by use of an anaerobic
46   lagoon.
47     Sec. 35.  Section 455B.204, Code 1997, is amended
48   to read as follows:
49     455B.204  DISTANCE REQUIREMENTS.
50     1.  An animal feeding operation structure shall be

Page  31

 1   located at least five hundred feet away from the
 2   surface intake of an agricultural drainage well or
 3   known sinkhole, and at least two hundred feet away
 4   from As used in this section, unless the context
 5   otherwise requires:
 6     a.  "Major water source" means a lake, reservoir,
 7   river, or stream located within the territorial limits
 8   of the state, any marginal river area adjacent to the
 9   state, which can support a floating vessel capable of
10   carrying one or more persons during a total of a six-
11   month period in one out of ten years, excluding
12   periods of flooding which has been identified by rules
13   adopted by the commission.
14     b.  "Watercourse" means any lake, river, creek,
15   ditch, or other body of water or channel having
16   definite banks and bed with water flow or the
17   occurrence of water, except lakes or ponds without
18   outlet to which only one landowner is riparian.
19     2.  Except as provided in subsection 3, the
20   following shall apply:
21     a.  An animal feeding operation structure shall not
22   be constructed closer than five hundred feet away from
23   a surface intake, wellhead, or cistern of an
24   agricultural drainage well or known sinkhole.
25     b.  An animal feeding operation structure shall not
26   be constructed if the animal feeding operation
27   structure as constructed is closer than any of the
28   following:
29     (1)  Two hundred feet away from a watercourse other
30   than a major water source.
31     (2)  Five hundred feet away from a major water
32   source.
33     c.  A watercourse, other than a major water source,
34   shall not be constructed, expanded, or diverted, if
35   the watercourse as constructed, expanded, or diverted
36   is closer than two hundred feet away from an animal
37   feeding operation structure.
38     d.  A major water source shall not be constructed,

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