House File 768 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ENVIRONMENTAL
                                           PROTECTION

                                       (SUCCESSOR TO HF 489)


    Passed House, Date                Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the publishing of notice of recommendations to
  2    grant permits for diversion, storage, and withdrawal of water.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2822HV 81
  5 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 455B.265, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  5.  Prior to the issuance of a permit
  1  4 under this section, the department shall publish a notice of
  1  5 recommendation to grant a permit.  The notice shall include a
  1  6 copy of the proposed permit and shall be published in a
  1  7 newspaper of general circulation within the county of the
  1  8 proposed water source as provided in section 618.3.  If the
  1  9 newspaper of general circulation is not the newspaper of the
  1 10 nearest locality to the proposed water source that publishes a
  1 11 newspaper, the notice shall also be published in the newspaper
  1 12 of the nearest locality to the proposed water source that
  1 13 publishes a newspaper and the department may charge the
  1 14 applicant for the expenses associated with publishing the
  1 15 notice in the second newspaper.
  1 16                           EXPLANATION
  1 17    This bill relates to the publishing of notice of
  1 18 recommendations to grant permits for diversion, storage, and
  1 19 withdrawal of water.
  1 20    The bill requires the department of natural resources,
  1 21 prior to the issuance of a permit for the diversion, storage,
  1 22 or withdrawal of water, to publish a notice of recommendation
  1 23 to grant a permit in a newspaper of general circulation within
  1 24 the county of the proposed water source.  The bill provides
  1 25 that, if the newspaper of general circulation is not the
  1 26 newspaper of the nearest locality to the proposed water source
  1 27 that publishes a newspaper, the notice shall also be published
  1 28 in the newspaper of the nearest locality to the proposed water
  1 29 source that publishes a newspaper and the department may
  1 30 charge the applicant for the expenses associated with
  1 31 publishing the notice in the second newspaper.  The bill
  1 32 requires the notice to include a copy of the proposed permit.
  1 33 LSB 2822HV 81
  1 34 tm:nh/gg/14