Senate
File
449
H-1248
Amend
the
amendment,
H-1188,
to
Senate
File
449,
as
1
passed
by
the
Senate,
as
follows:
2
1.
Page
1,
line
26,
by
striking
<
that
>
and
3
inserting
<
located
in
a
county
with
a
population
of
4
greater
than
nine
thousand
two
hundred
fifty
but
less
5
than
nine
thousand
three
hundred,
according
to
the
2010
6
federal
decennial
census,
which
property
>
7
2.
Page
2,
by
striking
lines
6
through
26
and
8
inserting:
9
<
Sec.
___.
Section
6A.22,
subsection
2,
paragraph
10
c,
subparagraph
(1),
Code
2015,
is
amended
by
adding
11
the
following
new
subparagraph
division:
12
NEW
SUBPARAGRAPH
DIVISION
.
(0b)
For
condemnation
13
of
property
located
in
a
county
with
a
population
14
of
greater
than
nine
thousand
two
hundred
fifty
but
15
less
than
nine
thousand
three
hundred,
according
to
16
the
2010
federal
decennial
census,
prior
to
making
17
a
determination
that
development
or
creation
of
a
18
lake
as
a
surface
drinking
water
source
is
reasonable
19
and
necessary,
the
acquiring
agency
shall
conduct
a
20
review
of
feasible
alternatives
to
development
or
21
creation
of
a
lake
as
a
surface
drinking
water
source.
22
An
acquiring
agency
shall
not
have
the
authority
23
to
condemn
private
property
for
the
development
or
24
creation
of
a
lake
as
a
surface
drinking
water
source
25
if
one
or
more
feasible
alternatives
to
provision
of
26
a
drinking
water
source
exist.
An
alternative
that
27
results
in
the
physical
expansion
of
an
existing
28
drinking
water
source
is
presumed
to
be
a
feasible
29
alternative
to
development
or
creation
of
a
lake
as
30
a
surface
drinking
water
source.
An
alternative
that
31
supplies
drinking
water
by
pipeline
or
other
method
of
32
transportation
or
transmission
from
an
existing
source
33
located
within
or
outside
this
state
at
a
reasonable
34
cost
is
a
feasible
alternative
to
development
or
35
creation
of
a
lake
as
a
surface
drinking
water
source.
36
If
private
property
is
to
be
condemned
for
development
37
or
creation
of
a
lake,
only
that
number
of
acres
38
justified
as
necessary
for
a
surface
drinking
water
39
source,
and
not
otherwise
acquired,
may
be
condemned.
40
Development
or
creation
of
a
lake
as
a
surface
drinking
41
water
source
includes
all
of
the
following:
42
(i)
Construction
of
the
dam,
including
sites
for
43
suitable
borrow
material
and
the
auxiliary
spillway.
44
(ii)
The
water
supply
pool.
45
(iii)
The
sediment
pool.
46
(iv)
The
flood
control
pool.
47
(v)
The
floodwater
retarding
pool.
48
(vi)
The
surrounding
area
upstream
of
the
dam
49
no
higher
in
elevation
than
the
top
of
the
dam’s
50
-1-
H1188.1570
(3)
86
md/sc
1/
2
#1.
#2.
elevation.
1
(vii)
The
appropriate
setback
distance
required
2
by
state
or
federal
laws
and
regulations
to
protect
3
drinking
water
supply.
>
4
3.
Page
2,
before
line
27
by
inserting:
5
<
Sec.
___.
Section
6A.24,
subsection
3,
Code
2015,
6
is
amended
to
read
as
follows:
7
3.
For
any
action
brought
under
this
section
,
8
the
burden
of
proof
shall
be
on
the
acquiring
agency
9
to
prove
by
a
preponderance
of
the
evidence
that
10
the
finding
of
public
use,
public
purpose,
or
public
11
improvement
meets
the
definition
of
those
terms.
12
However,
for
any
action
brought
under
this
section
13
that
involves
property
described
in
section
6A.22,
14
subsection
2,
paragraph
“c”
,
subparagraph
(1),
15
subparagraph
division
(0b),
the
burden
of
proof
shall
16
be
on
the
acquiring
agency
to
prove
by
clear
and
17
convincing
evidence
that
no
feasible
alternatives
18
to
provision
of
a
drinking
water
source
exist.
If
a
19
property
owner
or
a
contract
purchaser
of
record
or
a
20
tenant
occupying
the
property
under
a
recorded
lease
21
prevails
in
an
action
brought
under
this
section
,
the
22
acquiring
agency
shall
be
required
to
pay
the
costs,
23
including
reasonable
attorney
fees,
of
the
adverse
24
party.
>
25
4.
Page
2,
line
48,
after
<
subparagraph
(1),
>
by
26
inserting
<
subparagraph
division
(0b),
>
27
5.
By
renumbering
as
necessary.
28
______________________________
KAUFMANN
of
Cedar
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H1188.1570
(3)
86
md/sc
2/
2
#3.
#4.
#5.