House File 2415 - Introduced



                                       HOUSE FILE       
                                       BY  TYMESON, KAUFMANN,
                                           and GRASSLEY


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

                                      A BILL FOR

  1 An Act relating to eminent domain authority exercised for certain
  2    lake projects and including effective date and applicability
  3    date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6245HT 82
  6 sc/rj/8

PAG LIN



  1  1    Section 1.  Section 6A.22, subsection 2, paragraph c,
  1  2 subparagraph (1), Code 2007, is amended to read as follows:
  1  3    (1)  If private property is to be condemned for development
  1  4 or creation of a lake, only that number of acres justified as
  1  5 reasonable and necessary for a surface drinking water source,
  1  6 and not otherwise acquired, may be condemned.  In addition
  1  7 Prior to making a determination that such lake development or
  1  8 creation is reasonable and necessary, the acquiring agency
  1  9 shall conduct a review of demonstrate by clear and convincing
  1 10 evidence that no other prudent and feasible alternatives to
  1 11 alternative for provision of a drinking water source prior to
  1 12 making a determination that such lake development or creation
  1 13 is reasonable and necessary exists.  Development or creation
  1 14 of a lake as a surface drinking water source includes all of
  1 15 the following:
  1 16    (a)  Construction of the dam, including sites for suitable
  1 17 borrow material and the auxiliary spillway.
  1 18    (b)  The water supply pool.
  1 19    (c)  The sediment pool.
  1 20    (d)  The flood control pool.
  1 21    (e)  The floodwater retarding pool.
  1 22    (f)  The surrounding area upstream of the dam no higher in
  1 23 elevation than the top of the dam's elevation.
  1 24    (g)  The appropriate setback distance required by state or
  1 25 federal laws and regulations to protect drinking water supply.
  1 26    For purposes of this subparagraph (1), "number of acres
  1 27 justified as reasonable and necessary for a surface drinking
  1 28 water source" means according to guidelines of the United
  1 29 States natural resource conservation service and according to
  1 30 analyses of surface drinking water capacity needs conducted by
  1 31 one or more registered professional engineers using standards
  1 32 alternative to the federal guidelines.  Any guidelines or
  1 33 analyses related to future drinking water capacity needs shall
  1 34 be based on the current rate of drinking water usage in the
  1 35 area to be served by the surface drinking water source.
  2  1    Guidelines relating to drinking water capacity needs in
  2  2 time of drought shall not be used in any analysis performed
  2  3 pursuant to this subparagraph (1).  An analysis performed
  2  4 pursuant to this subparagraph (1) shall include information on
  2  5 groundwater resources in the area and the potential for the
  2  6 use of such resources to meet drinking water capacity needs.
  2  7    A second review or analysis may be requested by any
  2  8 landowner affected by the proposed condemnation action, and
  2  9 the engineer shall be selected by a committee of private
  2 10 landowners affected by the proposed condemnation action.  The
  2 11 acquiring agency shall be responsible for paying the fees and
  2 12 expenses of such an engineer.
  2 13    A landowner affected by the proposed condemnation action
  2 14 may request a public hearing regarding the influence of a
  2 15 federal agency on the lake creation or development project, on
  2 16 the proposed condemnation actions related to the project, and
  2 17 on the use of federal guidelines in analyzing drinking water
  2 18 capacity needs.  The hearing shall be conducted by a person
  2 19 who is not involved with the lake creation or development and
  2 20 the services of such person in conducting the hearing shall be
  2 21 paid by the acquiring agency.
  2 22    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 23 immediate importance, takes effect upon enactment and applies
  2 24 to projects or condemnation proceedings pending or commenced
  2 25 on or after that date.
  2 26                           EXPLANATION
  2 27    This bill makes changes relating to eminent domain
  2 28 authority in relation to development or creation of a lake.
  2 29    The bill provides that, prior to making a determination
  2 30 that creation or development of a lake is reasonable and
  2 31 necessary, an acquiring agency must demonstrate by clear and
  2 32 convincing evidence that no other prudent and feasible
  2 33 alternative for provision of a drinking water source exists.
  2 34 The bill also provides that when determining the number of
  2 35 acres necessary for a surface drinking water source, any
  3  1 guidelines or analyses related to future drinking water
  3  2 capacity needs shall be based on the current rate of drinking
  3  3 water usage in the area to be served by the surface drinking
  3  4 water source.  The bill provides that an engineer conducting
  3  5 an analysis of drinking water capacity shall use standards
  3  6 alternative to the federal guidelines and shall include
  3  7 information on groundwater resources in the area and the
  3  8 potential for their use as a drinking water source.  The bill
  3  9 also provides that when federal guidelines are used, they
  3 10 shall not include guidelines relating to drinking water
  3 11 capacity needs in time of drought.
  3 12    The bill provides that a landowner affected by the proposed
  3 13 condemnation action may request a second review or analysis
  3 14 and the engineer shall be selected by a committee of private
  3 15 landowners affected by the proposed condemnation action.  The
  3 16 bill further provides that the acquiring agency shall pay for
  3 17 the services of such an engineer.  The bill further provides
  3 18 that an affected landowner may request a public hearing,
  3 19 conducted by a neutral party, on the influence of a federal
  3 20 agency on the lake project, on the proposed condemnation
  3 21 actions, and on the use of federal guidelines in analyzing
  3 22 drinking water capacity needs.  The services of the person
  3 23 conducting the hearing shall be paid by the acquiring agency.
  3 24    The bill takes effect upon enactment and applies to
  3 25 projects or condemnation proceedings pending or commenced on
  3 26 or after that date.
  3 27 LSB 6245HT 82
  3 28 sc/rj/8