CHAPTER 161F
SOIL CONSERVATION AND FLOOD CONTROL DISTRICTS

 
This chapter not enacted as a part of this title;

transferred from chapter 467C in Code 1995

  161F.1  Presumption of benefit.
  The conservation of the soil resources of the state of Iowa, the proper control of water resources of the state and the prevention of damage to property and lands through the control of floods, the drainage of surface waters or the protection of lands from overflow shall be presumed to be a public benefit and conducive to the public health, convenience and welfare and essential to the economic well-being of the state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467C.1]
C95, §161F.1

  161F.2  Board of supervisors to establish districts — strip coal mining.
  The board of supervisors of any county shall have jurisdiction, power and authority at any regular, special or adjourned session to establish, subject to the provisions of this chapter, districts having for their purpose soil conservation and the control of flood waters and to cause to be constructed as hereinafter provided, such improvements and facilities as shall be deemed essential for the accomplishment of the purpose of soil conservation and flood control. Such board shall also have jurisdiction, power and authority at any regular, special or adjourned session to establish, in the same manner that the districts hereinabove referred to are established, districts having for their purpose soil conservation in mining areas within the county, and provide that anyone engaged in removing the surface soil over any bed or strata of coal in such district for the purpose of obtaining such coal shall replace the surface soil as nearly as practicable to its original position, and provide that, upon abandonment of such removal operation, all surface soil shall be so replaced. This section shall apply only to surface soil so removed after July 4, 1949, and then only if it is essential for the accomplishment of the purpose of soil conservation and flood control within the purview of this chapter.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467C.2]
C95, §161F.2

  161F.3  Combination of functions.
  Such districts shall have the power to combine in their functions activities affecting soil conservation, flood control and drainage, or any of these objects, singly or in combination with another.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467C.3]
C95, §161F.3

  161F.4  Old districts combined.
  If any levee or drainage district or improvement established either by legal proceedings or by private parties shall desire to include in the activities of such district soil conservation or flood control projects, the board upon petition, as for the establishment of an original levee or drainage district, shall establish a new district covering and including such old district and improvement together with any additional lands deemed necessary. All outstanding indebtedness of the old levee or drainage district shall be assessed only against the lands included therein.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467C.4]
C95, §161F.4

  161F.5  Approval of commissioners.
  A district shall not be established by a board of supervisors under this chapter unless the organization of the district is approved by the commissioners of a soil and water conservation district established under chapter 161A and which is included all or in part within the district, nor shall a district be established without the approval of the department of natural resources.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467C.5; 82 Acts, ch 1199, §75, 96]
87 Acts, ch 23, §50
C95, §161F.5

  161F.6  Chapters made applicable — definitions.
  1.  In the organization, operation, and financing of districts established under this chapter, the provisions of chapter 468 shall apply and any procedure provided under chapter 468 in connection with the organization, financing, and operation of any drainage district shall apply to the organization, financing, and operation of districts organized under this chapter.
  2.  As used in this chapter or chapter 468:
  a.  “Drainage” shall be deemed to include in its meaning soil erosion and flood control or any combination of drainage, flood control, and soil erosion control.
  b.  “Drainage certificates” or “drainage bonds” shall be deemed to include certificates or bonds issued in behalf of any district organized under the provisions of this chapter.
  c.  “Drainage district” shall be considered to include districts having as their purpose soil conservancy or flood control or any combination thereof.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467C.6]
C95, §161F.6
2009 Acts, ch 133, §69