House File 407 



                                       HOUSE FILE       
                                       BY  TYMESON, GRASSLEY, and
                                           KAUFMANN


    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 1410YH 83
  6 md/sc/8

PAG LIN



  1  1    Section 1.  Section 6A.22, subsection 2, paragraph c,
  1  2 subparagraph (1), Code 2009, is amended to read as follows:
  1  3    (1)  (a)  If private property is to be condemned for
  1  4 development or creation of a lake, only that number of acres
  1  5 justified as reasonable and necessary for a surface drinking
  1  6 water source, and not otherwise acquired, may be condemned.
  1  7 In addition Prior to making a determination that such a lake
  1  8 development or creation is reasonable and necessary, the
  1  9 acquiring agency shall conduct a review of demonstrate by
  1 10 clear and convincing evidence that no other prudent and
  1 11 feasible alternatives to alternative for provision of a
  1 12 drinking water source prior to making a determination that
  1 13 such lake development or creation is reasonable and necessary
  1 14 exists.  Development or creation of a lake as a surface
  1 15 drinking water source includes all of the following:
  1 16    (i)  Construction of the dam, including sites for suitable
  1 17 borrow material and the auxiliary spillway.
  1 18    (ii)  The water supply pool.
  1 19    (iii)  The sediment pool.
  1 20    (iv)  The flood control pool.
  1 21    (v)  The floodwater retarding pool.
  1 22    (vi)  The surrounding area upstream of the dam no higher in
  1 23 elevation than the top of the dam's elevation.
  1 24    (vii)  The appropriate setback distance required by state
  1 25 or federal laws and regulations to protect drinking water
  1 26 supply.
  1 27    (b)  For purposes of this subparagraph (1), "number of
  1 28 acres justified as reasonable and necessary for a surface
  1 29 drinking water source" means according to guidelines of the
  1 30 United States natural resource conservation service and
  1 31 according to analyses of surface drinking water capacity needs
  1 32 conducted by one or more registered professional engineers
  1 33 using standards alternative to the federal guidelines.  Any
  1 34 guidelines or analyses related to future drinking water
  1 35 capacity needs shall be based on the current rate of drinking
  2  1 water usage in the area to be served by the surface drinking
  2  2 water source.
  2  3    (c)  Guidelines relating to drinking water capacity needs
  2  4 in time of drought shall not be used in any analysis performed
  2  5 pursuant to this subparagraph (1).  An analysis performed
  2  6 pursuant to this subparagraph (1) shall include information on
  2  7 groundwater resources in the area and the potential for the
  2  8 use of such resources to meet drinking water capacity needs.
  2  9    (d)  A second review or analysis may be requested by any
  2 10 landowner affected by the proposed condemnation action, and
  2 11 the engineer shall be selected by a committee of private
  2 12 landowners affected by the proposed condemnation action.  The
  2 13 acquiring agency shall be responsible for paying the fees and
  2 14 expenses of such an engineer.
  2 15    (e)  A landowner affected by the proposed condemnation
  2 16 action may request a public hearing regarding the influence of
  2 17 a federal agency on the lake creation or development project,
  2 18 on the proposed condemnation actions related to the project,
  2 19 and on the use of federal guidelines in analyzing drinking
  2 20 water capacity needs.  The hearing shall be conducted by a
  2 21 person who is not involved with the lake creation or
  2 22 development, and the services of such person in conducting the
  2 23 hearing shall be paid by the acquiring agency.
  2 24    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 25 immediate importance, takes effect upon enactment and applies
  2 26 to projects or condemnation proceedings pending or commenced
  2 27 on or after that date.
  2 28                           EXPLANATION
  2 29    This bill makes changes relating to eminent domain
  2 30 authority in relation to development or creation of a lake.
  2 31    The bill provides that, prior to making a determination
  2 32 that creation or development of a lake is reasonable and
  2 33 necessary, an acquiring agency must demonstrate by clear and
  2 34 convincing evidence that no other prudent and feasible
  2 35 alternative for provision of a drinking water source exists.
  3  1 The bill also provides that when determining the number of
  3  2 acres necessary for a surface drinking water source, any
  3  3 guidelines or analyses related to future drinking water
  3  4 capacity needs shall be based on the current rate of drinking
  3  5 water usage in the area to be served by the surface drinking
  3  6 water source.  The bill provides that an engineer conducting
  3  7 an analysis of drinking water capacity shall use standards
  3  8 alternative to the federal guidelines and shall include
  3  9 information on groundwater resources in the area and the
  3 10 potential for their use as a drinking water source.  The bill
  3 11 also provides that when federal guidelines are used, they
  3 12 shall not include guidelines relating to drinking water
  3 13 capacity needs in time of drought.
  3 14    The bill provides that a landowner affected by the proposed
  3 15 condemnation action may request a second review or analysis,
  3 16 and the engineer shall be selected by a committee of private
  3 17 landowners affected by the proposed condemnation action.  The
  3 18 bill further provides that the acquiring agency shall pay for
  3 19 the services of such an engineer.  The bill further provides
  3 20 that an affected landowner may request a public hearing,
  3 21 conducted by a neutral party, on the influence of a federal
  3 22 agency on the lake project, on the proposed condemnation
  3 23 actions, and on the use of federal guidelines in analyzing
  3 24 drinking water capacity needs.  The services of the person
  3 25 conducting the hearing shall be paid by the acquiring agency.
  3 26    The bill takes effect upon enactment and applies to
  3 27 projects or condemnation proceedings pending or commenced on
  3 28 or after that date.
  3 29 LSB 1410YH 83
  3 30 md/sc/8