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 addition1 7 Prior to making a determination that such lake development or 1 8 creation is reasonable and necessary, the acquiring agency 1 9 shallconduct a review ofdemonstrate by clear and convincing 1 10 evidence that no other prudent and feasiblealternatives to1 11 alternative for provision of a drinking water sourceprior to 1 12 making a determination that such lake development or creation 1 13 is reasonable and necessaryexists. 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 ofsurfacedrinking 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