HF 2210 (LSB 6773YH (2) 91)

HOUSE FILE 2210

BY  GOLDING

A BILL FOR

An Act relating to beneficial use in the context of water allocation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.261, subsection 4, Code 2026, is amended by striking the subsection.
    Sec. 2.  Section 455B.265, subsection 1, Code 2026, is amended to read as follows:
   1.  In its consideration of applications for permits, the department shall give priority in processing to persons in the order that the applications are received, except where when the application of this processing priority system prevents the prompt approval of routine applications or where when the public health, safety, or welfare will be threatened by delay. If the department determines after investigation that the diversion, storage, or withdrawal is consistent with the principles and policies of beneficial use and ensuring conservation, the department shall grant a permit.  The determination of beneficial use shall be made on a case-by-case basis, and shall not be based on categories of uses. An application for a permit shall be approved or denied within ninety days from the date that the department receives the complete application. A renewal permit shall be approved or denied by the department within thirty days from the date that the department receives a complete application for renewal. If the applicant requests an extension of the time allotted, the department may approve the request to allow the applicant more time to submit additional information to resolve a contested or complex application. Regardless of the request in the application, and subject to appeal, the director or the department may determine the duration and frequency of withdrawal and the quantity of water to be diverted, stored, or withdrawn pursuant to the permit. Each permit granted after July 1, 1986, shall include conditions requiring routine conservation practices, and requiring implementation of emergency conservation measures after notification by the department.
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 beneficial use of water allocation. Under current law, for the purposes of Code chapter 455B, subchapter III, part 4, “beneficial use” is defined as the application of water to a useful purpose that inures to the benefit of the water user and subject to the user’s dominion and control but does not include the waste or pollution of water. The bill strikes the definition and provides that beneficial use is determined by the department of natural resources on a case-by-case basis when determining whether to grant a permit for the diversion, storage, or withdrawal of water, and must not be based on the category of use.