1. As used in this section, unless the context otherwise requires:
a. "Major water source" means a lake, reservoir, river, or stream located within the territorial limits of the state, any marginal river area adjacent to the state, which can support a floating vessel capable of carrying one or more persons during a total of a six-month period in one out of ten years, excluding periods of flooding which has been identified by rules adopted by the commission.
b. "Watercourse" means any lake, river, creek, ditch, or other body of water or channel having definite banks and bed with water flow or the occurrence of water, except lakes or ponds without outlet to which only one landowner is riparian.
2. Except as provided in subsection 3, the following shall apply:
a. An animal feeding operation structure shall not be constructed closer than five hundred feet away from a surface intake, wellhead, or cistern of an agricultural drainage well or known sinkhole.
b. An animal feeding operation structure shall not be constructed if the animal feeding operation structure as constructed is closer than any of the following:
(1) Two hundred feet away from a watercourse other than a major water source.
(2) Five hundred feet away from a major water source.
c. A watercourse, other than a major water source, shall not be constructed, expanded, or diverted, if the watercourse as constructed, expanded, or diverted is closer than two hundred feet away from an animal feeding operation structure.
d. A major water source shall not be constructed, expanded, or diverted, if the water source as constructed, expanded, or diverted is closer than five hundred feet from an animal feeding operation structure.
3. A separation distance required in subsection 2 shall not apply to any of the following:
a. A location or object and a farm pond or privately owned lake, as defined in section 462A.2.
b. A manure storage structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier, including design standards.
4. All distances between locations or objects shall be measured from their closest points, as provided by rules adopted by the department.
5. A person shall not construct or expand an unformed manure storage structure within an agricultural drainage well area as provided in section 455I.5.
95 Acts, ch 195, §26; 98 Acts, ch 1209, §35, 53
Referred to in §455B.200A, 455B.206
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