House Study Bill 163 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON HEIN) A BILL FOR An Act relating to dam reconstruction standards. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1916YC (3) 85 tm/nh

H.F. _____ Section 1. Section 455B.275, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. Notwithstanding design criteria and 3 guidelines for Iowa dams adopted by the department, all of the 4 following standards shall apply to a person reconstructing a 5 dam that was damaged due to a natural disaster who files an 6 application under subsection 3: 7 a. The person reconstructing the dam is only required to 8 possess the flooding easements or ownership which were held 9 prior to the reconstruction as long as the former normal 10 pool elevation is not exceeded by the reconstructed spillway 11 elevation. 12 b. Flooding easements or ownership are only required to the 13 top of the reconstructed spillway elevation. 14 Sec. 2. Section 481A.14, Code 2013, is amended to read as 15 follows: 16 481A.14 Dams —— fishways. 17 It shall be unlawful for any person, firm, or corporation 18 to place, erect, or cause to be placed or erected, any dam or 19 other device or contrivance in such manner as to hinder or 20 obstruct the free passage of fish up, down, or through such 21 waters, except as otherwise provided in this chapter . Dams for 22 manufacturing or other lawful purposes may be erected across 23 the waters of the state. No permanent dam or obstruction 24 across such waters shall be erected or maintained which is not 25 provided with a fishway, except by written approval of the 26 director, nor shall any pumping station or plant except sand 27 pumping and dredging machines, in or connected with such waters 28 be constructed or operated except by written approval of the 29 director, which is not provided with screens to prevent fish 30 from entering the pumping station or plant. Such fishways and 31 screens shall be constructed and used according to the plans 32 and specifications prepared and furnished by the director. The 33 department shall not require a fishway for a dam reconstructed 34 due to a natural disaster which has a reconstructed spillway 35 -1- LSB 1916YC (3) 85 tm/nh 1/ 2

H.F. _____ elevation of more than thirty feet. Any dam, obstruction, or 1 pumping plant which is not so constructed is a public nuisance 2 and may be abated accordingly. 3 EXPLANATION 4 This bill relates to dam reconstruction standards. 5 The bill provides that, notwithstanding design criteria and 6 guidelines for Iowa dams adopted by the department of natural 7 resources, certain standards apply to the reconstruction 8 of a dam damaged due to a natural disaster. The standards 9 include that the person reconstructing the dam is only required 10 to possess flooding easements or ownership which were held 11 prior to the reconstruction as long as the former normal 12 pool elevation is not exceeded by the reconstructed spillway 13 elevation and the flooding easements or ownership are only 14 required to the top of the reconstructed spillway elevation. 15 The bill prohibits the department from requiring a fishway 16 for a dam reconstructed due to a natural disaster which has a 17 reconstructed spillway elevation of more than 30 feet. 18 -2- LSB 1916YC (3) 85 tm/nh 2/ 2