HF 2374 (LSB 6080YH (4) 90)

HOUSE FILE 2374

BY  GEHLBACH

A BILL FOR

An Act relating to privately owned lakes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 462A.2, subsection 31, Code 2024, is amended to read as follows:
   31.  “Privately owned lake” means any lake body of water, located within the boundaries of this state and not subject to federal control covering navigation, for which all land under and adjacent to the body of water is owned by an individual, or group of individuals, or a nonprofit corporation and which joint owners and that is not open to the use of the general public but is used exclusively by the owners and their personal guests, except that a privately owned lake does not include any body of water that requires approval for the construction, operation, and maintenance of a dam, embankment, spillway, or appurtenant works from the department or the commission or that is fed by, connects with, or discharges into any public waters.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the definition of a privately owned lake.
   The bill defines a privately owned lake as a body of water for which all land under and adjacent to the body of water is owned by an individual or group of joint owners. Current law lists the possible owners as an individual, a group, or a nonprofit organization. The bill also narrows the definition of a privately owned lake to not include a body of water that requires approval for the construction, operation, and maintenance of a dam, embankment, spillway, or appurtenant works from the department of natural resources or the natural resource commission (commission), or a body of water that is fed by, connects with, or discharges into public waters.
   Under Code chapter 462A, a privately owned lake is not a water of this state under the control of the commission.