House Amendment 8068
PAG LIN
1 1 Amend House File 2400 as follows:
1 2 #1. Page 1, by inserting before line 1, the
1 3 following:
1 4 <DIVISION I
1 5 SURFACE WATER PROTECTION>
1 6 #2. Page 8, by inserting before line 22, the
1 7 following:
1 8 <DIVISION II
1 9 EMINENT DOMAIN AND CONDEMNATION
1 10 Sec. . Section 6A.22, subsection 2, paragraph
1 11 c, subparagraph (1), Code 2007, is amended to read as
1 12 follows:
1 13 (1) If private property is to be condemned for
1 14 development or creation of a lake, only that number of
1 15 acres justified as reasonable and necessary for a
1 16 surface drinking water source, and not otherwise
1 17 acquired, may be condemned. In addition Prior to
1 18 making a determination that such lake development or
1 19 creation is reasonable and necessary, the acquiring
1 20 agency shall conduct a review of demonstrate by clear
1 21 and convincing evidence that no other prudent and
1 22 feasible alternatives to alternative for provision of
1 23 a drinking water source prior to making a
1 24 determination that such lake development or creation
1 25 is reasonable and necessary exists. Development or
1 26 creation of a lake as a surface drinking water source
1 27 includes all of the following:
1 28 (a) Construction of the dam, including sites for
1 29 suitable borrow material and the auxiliary spillway.
1 30 (b) The water supply pool.
1 31 (c) The sediment pool.
1 32 (d) The flood control pool.
1 33 (e) The floodwater retarding pool.
1 34 (f) The surrounding area upstream of the dam no
1 35 higher in elevation than the top of the dam's
1 36 elevation.
1 37 (g) The appropriate setback distance required by
1 38 state or federal laws and regulations to protect
1 39 drinking water supply.
1 40 For purposes of this subparagraph (1), "number of
1 41 acres justified as reasonable and necessary for a
1 42 surface drinking water source" means according to
1 43 guidelines of the United States natural resource
1 44 conservation service and according to analyses of
1 45 surface drinking water capacity needs conducted by one
1 46 or more registered professional engineers using
1 47 standards alternative to the federal guidelines. Any
1 48 guidelines or analyses related to future drinking
1 49 water capacity needs shall be based on the current
1 50 rate of drinking water usage in the area to be served
2 1 by the surface drinking water source.
2 2 Guidelines relating to drinking water capacity
2 3 needs in time of drought shall not be used in any
2 4 analysis performed pursuant to this subparagraph (1).
2 5 An analysis performed pursuant to this subparagraph
2 6 (1) shall include information on groundwater resources
2 7 in the area and the potential for the use of such
2 8 resources to meet drinking water capacity needs.
2 9 A second review or analysis may be requested by any
2 10 landowner affected by the proposed condemnation
2 11 action, and the engineer shall be selected by a
2 12 committee of private landowners affected by the
2 13 proposed condemnation action. The acquiring agency
2 14 shall be responsible for paying the fees and expenses
2 15 of such an engineer.
2 16 A landowner affected by the proposed condemnation
2 17 action may request a public hearing regarding the
2 18 influence of a federal agency on the lake creation or
2 19 development project, on the proposed condemnation
2 20 actions related to the project, and on the use of
2 21 federal guidelines in analyzing drinking water
2 22 capacity needs. The hearing shall be conducted by a
2 23 person who is not involved with the lake creation or
2 24 development and the services of such person in
2 25 conducting the hearing shall be paid by the acquiring
2 26 agency.
2 27 Sec. . EFFECTIVE DATE. This division of this
2 28 Act, being deemed of immediate importance, takes
2 29 effect upon enactment and applies to projects or
2 30 condemnation proceedings pending or commenced on or
2 31 after that date.>
2 32 #3. Title page, line 1, by inserting after the
2 33 word <quality> the following: <and lake development>.
2 34 #4. Title page, line 6, by inserting after the
2 35 word <program> the following: <and making changes
2 36 related to eminent domain authority and condemnation
2 37 procedures and providing an effective date>.
2 38 #5. By renumbering as necessary.
2 39
2 40
2 41
2 42 TYMESON of Madison
2 43 HF 2400.201 82
2 44 sc/nh/11044
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