§ 455B.264 — Jurisdiction — water and floodplains

Iowa § 455B.264

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

Text

1. The department has jurisdiction over the public and private waters in the state and
the lands adjacent to the waters necessary for the purposes of carrying out this part. The
department may construct flood control works or any part of the works. In the construction
of the works, in making surveys and investigations, or in formulating plans and programs
71 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.265
relating to the water resources of the state, the department may cooperate with an agency of
another state or the United States, or with any other person.
2. Upon application by any person for permission to divert, pump, or otherwise take
waters from any watercourse, underground basin or watercourse, drainage ditch, or settling
basin within this state for any purpose other than a nonregulated use, the director shall
investigate the effect of the use upon the natural flow of the watercourse, the effect of the use
upon the owners of any land which might be affected by the use, the effect of the use upon
prior users of the water source and contracts made under section 455B.263 and whether the
use is consistent with the principles and policies of beneficial use.
3. Upon application by any person for approval of the construction or maintenance of
any structure, dam, obstruction, deposit, or excavation to be erected, used, or maintained
in or on the floodplains of any river or stream, the department shall investigate the effect
of the construction or maintenance project on the efficiency and capacity of the floodway. In
determiningtheeffectoftheproposalthedepartmentshallconsiderfullyitseffectonflooding
of or flood control for any proposed works and adjacent lands and property, on the wise use
and protection of water resources, on the quality of water, on fish, wildlife, and recreational
facilities or uses, and on all other public rights and requirements.

Legislative History

[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.18; 82 Acts, ch 1199, §18, 96]