House File 603 H-1244 Amend House File 603 as follows: 1 1. Page 1, by striking lines 5 and 6 and inserting: 2 < NEW PARAGRAPH . 0a. “Aboveground merchant line” means 3 “merchant line” as defined in section 478.6A, subsection 1, 4 excluding those merchant lines that are underground. > 5 2. Page 1, line 11, before < merchant > by inserting 6 < aboveground > 7 3. Page 1, line 30, before < merchant > by inserting 8 < aboveground > 9 4. Page 1, line 35, before < merchant > by inserting 10 < aboveground > 11 5. By striking page 2, line 10, through page 4, line 29, and 12 inserting: 13 < Sec. ___. Section 6A.22, subsection 2, paragraph c, 14 subparagraph (1), subparagraph division (c), subparagraph 15 subdivision (i), Code 2017, is amended to read as follows: 16 (i) For purposes of this subparagraph (1), “number of acres 17 justified as necessary for a surface drinking water source” 18 means according to guidelines of the United States natural 19 resource conservation service and according to analyses of 20 surface drinking water capacity needs conducted by one or more 21 registered licensed professional engineers. 22 Sec. ___. Section 6A.22, subsection 2, paragraph c, 23 subparagraph (1), Code 2017, is amended by adding the following 24 new subparagraph division: 25 NEW SUBPARAGRAPH DIVISION . (d) For condemnation 26 proceedings for which the application pursuant to section 27 6B.3 was filed after January 1, 2013, for condemnation of 28 property located in a county with a population of greater 29 than nine thousand two hundred fifty but less than nine 30 thousand three hundred, according to the 2010 federal decennial 31 census, which property sought to be condemned was in whole or 32 in part described in a petition filed under section 6A.24, 33 subsection 2, after January 1, 2013, but before January 1, 34 2014, regardless of whether the petitioner was determined by a 35 -1- HF603.1778 (2) 87 md/rj 1/ 4 #1. #2. #3. #4. #5.

court to not be a proper acquiring agency, the acquiring agency 1 shall not have the authority to condemn private property for 2 the development or creation of a lake as a surface drinking 3 water source unless all of the following have been satisfied: 4 (i) Upon receipt by the acquiring agency of a petition, 5 signed by not less than twenty-five percent of the affected 6 property owners, the acquiring agency shall retain a certified 7 hydrologist to conduct a review and analysis of the proposed 8 development or creation of a lake. However, to be valid the 9 petition must be filed not later than ninety days following 10 the effective date of this division of this Act or ninety 11 days after the filing date of the application under section 12 6B.3, whichever is later. The certified hydrologist shall be 13 selected by a majority of a committee comprised of all affected 14 property owners and a representative of the acquiring agency. 15 The acquiring agency shall be responsible for paying the fees 16 and expenses of the certified hydrologist. For purposes of 17 this subparagraph (1), “certified hydrologist” means a person 18 certified by the American institute of hydrology. If a valid 19 petition is not filed within the prescribed ninety-day period, 20 the requirements of this subparagraph subdivision (i) shall be 21 deemed satisfied. 22 (ii) Upon receipt by the acquiring agency of a petition 23 signed by not less than twenty-five percent of the affected 24 property owners, the acquiring agency shall retain a licensed 25 professional engineer to conduct an additional independent 26 review and analysis of the determinations made under 27 subparagraph division (c), subparagraph subdivisions (i) and 28 (ii). However, to be valid the petition must be filed not 29 later than ninety days following the effective date of this 30 division of this Act or ninety days after the filing date of 31 the application under section 6B.3, whichever is later. The 32 licensed professional engineer shall be selected by a majority 33 of a committee comprised of all affected property owners and 34 a representative of the acquiring agency. The acquiring 35 -2- HF603.1778 (2) 87 md/rj 2/ 4

agency shall be responsible for paying the fees and expenses 1 of the licensed professional engineer. If a valid petition 2 is not filed within the prescribed ninety-day period, the 3 requirements of this subparagraph subdivision (ii) shall be 4 deemed satisfied. 5 (iii) The United States army corps of engineers has 6 performed an engineering review of the project and approved 7 all required permits and authorizations for completion of the 8 project. 9 (iv) The acquiring agency has acquired at least eighty 10 percent of the land area comprising the proposed water supply 11 pool through voluntary acquisitions or voluntary negotiation 12 and purchases. > 13 6. Page 5, by striking lines 1 through 24. 14 7. Page 6, by striking line 32 and inserting < farm 15 operation, as determined by an appraiser selected by the 16 displacing agency. In the absence of available replacement 17 real property, the amount of the payment under this paragraph 18 shall be the difference between the acquisition cost of the 19 real property acquired by the displacing agency and the sum 20 of the estimated cost of comparable land and the estimated 21 cost of constructing comparable improvements on the land 22 necessary for the displaced person to conduct the person’s 23 business or farm operation. If the displaced person disagrees 24 with the amount determined by the appraiser selected by the 25 displacing agency, the displaced person may, at the expense 26 of the displacing agency, select an independent appraiser to 27 determine the amounts required under this paragraph. If the 28 amount determined by the appraiser selected by the displaced 29 person and the amount determined by the appraiser selected by 30 the displacing agency are not equal and the displacing agency 31 and the displaced person cannot agree on an appropriate amount, 32 the amount under this paragraph shall be the average of such 33 amounts determined by the appraisers. > 34 8. By renumbering, redesignating, and correcting internal 35 -3- HF603.1778 (2) 87 md/rj 3/ 4 #6. #7.