1. A soil and water conservation district organized under this chapter has the following
powers, in addition to others granted in other sections of this chapter:
7 SOIL AND WATER CONSERVATION, §161A.7
a. To conduct surveys, investigations, and research relating to the character of soil
erosion and erosion, floodwater, and sediment damages, and the preventive and control
measures needed, to publish the results of such surveys, investigations or research, and
to disseminate information concerning such preventive and control measures; provided,
however, that in order to avoid duplication of research activities, no district shall initiate
any research program except in cooperation with the Iowa agricultural experiment station
located at Ames, Iowa, and pursuant to a cooperative agreement entered into between the
Iowa agricultural experiment station and such district.
b. Toconductdemonstrationalprojectswithinthedistrictonlandsownedorcontrolledby
thisstateoranyofitsagencies, withtheconsentandcooperationoftheagencyadministering
and having jurisdiction thereof, and on any other lands within the district upon obtaining
the consent of the owner or occupier of such lands or the necessary rights or interests in
such lands, in order to demonstrate by example the means, methods, and measures by which
soil and soil resources may be conserved, and soil erosion in the form of soil blowing and
soil washing may be prevented and controlled; provided, however, that in order to avoid
duplication of agricultural extension activities, no district shall initiate any demonstrational
projects, except in cooperation with the Iowa agricultural extension service whose offices are
located at Ames, Iowa, and pursuant to a cooperative agreement entered into between the
Iowa agricultural extension service and such district.
c. To carry out preventive and control measures within the district, including but not
limited to crop rotations, engineering operations, methods of cultivation, the growing of
vegetation, changes in use of land, and the measures listed in section 161A.2, on lands
owned or controlled by this state or any of its agencies, with the consent and cooperation of
the agency administering and having jurisdiction thereof, and on any other lands within the
district, upon obtaining the consent of the owner or occupier of such lands or the necessary
rights or interests in such lands. Any approval or permits from the council required under
other provisions of law shall be obtained by the district prior to initiation of any construction
activity.
d. To cooperate, or enter into agreements with, and within the limits of appropriations
duly made available to it by law, to furnish financial or other aid to any agency, governmental
or otherwise, or any owner or occupier of lands within the district, in the carrying on of
erosion-control and watershed protection and flood prevention operations within the district,
subjecttosuchconditionsasthecommissionersmaydeemnecessarytoadvancethepurposes
of this chapter.
e. To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant,
bequest, devise or otherwise, any property, real or personal, or rights or interests therein;
to maintain, administer, and improve any properties acquired, to receive income from such
properties and to expend such income in carrying out the purposes and provisions of this
chapter; and to sell, lease or otherwise dispose of any of its property or interests therein in
furtherance of the purposes and provisions of this chapter.
f. To make available on such terms as it shall prescribe, to landowners or occupiers within
the district, agricultural and engineering machinery and equipment, fertilizer, lime, and such
othermaterialorequipmentaswillassistsuchlandownersoroccupierstocarryonoperations
upon their lands for the conservation of soil resources and for the prevention and control of
soil erosion and for the prevention of erosion, floodwater, and sediment damages.
g. Toconstruct, improve, andmaintainsuchstructuresasmaybenecessaryorconvenient
for the performance of any of the operations authorized in this chapter. Any approval or
permits from the council required under other provisions of law shall be obtained by the
district prior to initiation of any construction activity.
h. To develop comprehensive plans for the conservation of soil resources and for the
control and prevention of soil erosion and for the prevention of erosion, floodwater, and
sediment damages within the district, which plans shall specify in such detail as may
be possible, the acts, procedures, performances, and avoidances which are necessary or
desirable for the effectuation of such plans, including the specification of engineering
operations, methods of cultivation, the growing of vegetation, cropping programs, tillage
§161A.7, SOIL AND WATER CONSERVATION 8
practices, and changes in use of land; and to publish such plans and information and bring
them to the attention of owners and occupiers of lands within the district.
i. Tosueandbesuedinthenameofthedistrict; tohaveaseal,whichsealshallbejudicially
noticed; to have perpetual succession unless terminated as hereinafter provided; to make
and execute contracts and other instruments, necessary or convenient to the exercise of its
powers; to make, and from time to time amend and repeal, rules not inconsistent with this
chapter, to carry into effect its purposes and powers.
j. Toacceptdonations, gifts, andcontributionsinmoney, services, materials, orotherwise,
from the United States or any of its agencies, or from this state or any of its agencies, and
to use or expend such moneys, services, materials, or other contributions in carrying on its
operations.
k. Subject to the approval of the division, to change the name of the soil and water
conservation district.
l. To provide for the restoration of permanent soil and water conservation practices which
are damaged or destroyed because of a disaster emergency as provided in section 161A.75.
m. To encourage local school districts to provide instruction in the importance of and
in some of the basic methods of soil conservation, as a part of course work relating to
conservation of natural resources and environmental awareness required in rules adopted
by the state board of education pursuant to section 256.11, subsections 3 and 4, and to offer
technical assistance to schools in developing such instructional programs.
n. To develop a soil and water resource conservation plan for the district.
(1) The district plan shall contain a comprehensive long-range assessment of soil and
surface water resources in the district consistent with rules approved by the division under
section 161A.4. In developing the plan the district may receive technical support from the
United States department of agriculture natural resources conservation service and the
county board of supervisors in the county where the district is located. The division and
the Iowa cooperative extension service in agriculture and home economics may provide
technical support to the district. The support may include but is not limited to the following:
(a) Assessingtheconditionofsoilandsurfacewaterinthedistrict,includinganevaluation
of the type, amount, and quality of soil and water, the threat of soil erosion and erosion,
floodwater, and sediment damages, and necessary preventative and control measures.
(b) Developing methods to maintain or improve soil and water condition.
(c) Cooperating with other state and federal agencies to carry out this support.
(2) The title page of the district plan and a notification stating where the plan may be
reviewed shall be recorded with the recorder in the county in which the district is located,
and updated as necessary, after the director of the division approves and signs the district
plan. The commissioners shall provide notice of the recording and may provide a copy of the
approved district plan to the county board of supervisors in the county where the district is
located. The district plan shall be filed with the division as part of the state soil and water
resource conservation plan provided in section 161A.4.
o. To enter into agreements pursuant to chapter 161C with the owner or occupier of
land within the district or cooperating districts, or any other private entity or public agency,
in carrying out water protection practices, including district and multidistrict projects
to protect this state’s groundwater and surface water from point and nonpoint sources
of contamination, including but not limited to agricultural drainage wells, sinkholes,
sedimentation, and chemical pollutants.
2. Asaconditiontotheextendingofanybenefitsunderthischapterto,ortheperformance
of work upon, any lands not owned or controlled by this state or any of its agencies, the
commissioners may require contributions in money, services, materials, or otherwise to any
operations conferring such benefits, and may require landowners or occupiers to enter into
and perform such agreements or covenants as to the permanent use of such lands as will tend
to prevent or control erosion thereon.
3. The commissioners, as a condition for the receipt of any state cost-sharing funds
for permanent soil conservation practices, shall require the owner of the land on which
the practices are to be established to covenant and file, in the office of the district of the
county in which the land is located, an agreement identifying the particular lands upon
9 SOIL AND WATER CONSERVATION, §161A.10
which the practices for which state cost-sharing funds are to be received will be established,
and providing that the project will not be removed, altered, or modified so as to lessen its
effectiveness without the consent of the commissioners, obtained in advance and based on
guidelines drawn up by the division, for a period not to exceed twenty years after the date
of receiving payment. The commissioners shall assist the division in the enforcement of this
subsection. The agreement does not create a lien on the land, but is a charge personally
against the owner of the land at the time of removal, alteration, or modification if an
administrative order is made under section 161A.61, subsection 3.
4. No provisions with respect to the acquisition, operation, or disposition of property by
other public bodies shall be applicable to a district organized hereunder unless the general
assembly shall specifically so state.
5. After the formation of any district under the provisions of this chapter, all participation
hereunder shall be purely voluntary, except as specifically stated herein.