§ 455B.263 — Duties

Iowa § 455B.263

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

1. The commission shall deliver to the general assembly by January 15, 1987, a plan
embodying a general groundwater protection strategy for this state which considers the
effects of potential sources of groundwater contaminations on groundwater quality. The
plan shall evaluate the ability of existing laws and programs to protect groundwater quality
and recommend any necessary additional or alternative laws and programs. The department
shall develop the plan with the assistance of and in consultation with representatives of
agriculture, industry, and public and other interests. The commission shall report to the
general assembly on the status and implementation of the plan on a biennial basis. This
section does not preclude the implementation of existing or new laws or programs which
may protect groundwater quality.
2. The commission shall designate the official representative of this state on all
comprehensive water resources planning groups for which state participation is provided.
The commission shall coordinate state planning with local and national planning and, in
safeguarding the interests of the state and its people, shall undertake the resolution of any
conflicts that may arise between the water resources policies, plans, and projects of the
federal government and the water resources policies, plans, and projects of the state, its
agencies, and its people. This section does not limit or supplant the functions, duties, and
responsibilities of other state or local agencies or institutions with regard to planning of
water-associated projects within the particular area of responsibility of those state or local
agencies or institutions.
3. The commission shall enter into negotiations and agreements with the federal
government relative to the operation of, or the release of water from, any project that has
§455B.263, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 70
been authorized or constructed by the federal government when the commission deems the
negotiations and agreements to be necessary for the achievement of the policies of this state
relative to its water resources.
4. The commission, on behalf of the state, shall enter into negotiations with the federal
government relative to the inclusion of conservation storage features for water supply in any
project that has been authorized by the federal government when the commission deems the
negotiations to be necessary for the achievement of the policies of this state, however, an
agreement reached pursuant to these negotiations does not bind the state until enacted into
law by the general assembly.
5. A water user who benefits from the development by the federal government of
conservation storage for water supply shall be encouraged to assume the responsibility for
repaying to the federal government any reimbursable costs incurred in the development, and
a user who accepts benefits from the developments financed in whole or part by the state
shall assume by contract the responsibility of repaying to the state the user’s reasonable
share of the state’s obligations in accordance with a basis which will assure payment within
the life of the development. An appropriation, diversion, or use shall not be made by a
person of any waters of the state that have been stored or released from storage either under
the authority of the state or pursuant to an agreement between the state and the federal
government until the person has assumed by contract the person’s repayment responsibility.
However, this subsection does not infringe upon any vested property interests.
6. a. In its contracts with water users for the payment of state obligations incurred in the
developmentofconservationstorageforwatersupply,thecommissionshallincludetheterms
deemed reasonable and necessary:
(1) To protect the health, safety, and general welfare of the people of the state.
(2) To achieve the purposes of this chapter.
(3) To provide that the state is not responsible to any person if the waters involved are
insufficient for performance.
b. The commission may designate and describe any such contract, and describe the
relationships to which it relates, as a sale of storage capacity, a sale of water release services,
a contract for the storage or sale of water, or any similar terms suggestive of the creation of
a property interest. The term of the contracts shall be commensurate with the investment
and use concerned, but the commission shall not enter into any such contract for a term in
excess of the maximum period provided for water use permits.
7. Thecommissionshallprocurefloodcontrolworksandwaterresourcesprojectsfromor
by cooperation with any agency of the United States, by cooperation with the cities and other
subdivisions of the state under the laws of the state relating to flood control and use of water
resources, and by cooperation with the action of landowners in areas affected by the works
or projects when the commission deems the projects to be necessary for the achievement of
the policies of this state.
8. The commission shall promote the policies set forth in this part and shall represent this
state in all matters within the scope of this part. The commission shall adopt rules pursuant
to chapter 17A as necessary to transact its business and for the administration and exercise
of its powers and duties.
9. In carrying out its duties, the commission may accept gifts, contributions, donations
and grants, and use them for any purpose within the scope of this part.

Legislative History

[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.3, 455A.8, 455A.15, 455A.17; 82 Acts, ch 1199, §17, 96]