§ 455B.266 — Priority allocation

Iowa § 455B.266

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

Text

1. After any event described in paragraphs “a” through “d” of this subsection has
occurred, the department shall investigate and, if appropriate, may implement the priority
allocation plan provided in subsection 2. The department shall require existing permittees to
implement appropriate emergency conservation measures. The pertinent public notice and
hearing requirements of subsection 4 of this section and sections 455B.271 and 455B.278
shall apply to the implementation of the plan.
a. Receipt of a petition by twenty-five affected persons or a governmental subdivision
requesting that the priority allocation plan be implemented due to a substantial local water
shortage.
b. Receipt of information from a state or federal natural resource, research, or
climatological agency indicating that a drought of local or state magnitude is imminent.
c. Issuance by the governor of a proclamation of a disaster emergency due to a drought
or other event affecting water resources of the state.
d. Determination by the department in conjunction with the department of homeland
security and emergency management of a local crisis which affects availability of water.
2. Notwithstanding a person’s possession of a permit or the person’s use of water being a
nonregulated use, the department may suspend or restrict usage of water by category of use
on a local or statewide basis in the following order:
a. Water conveyed across state boundaries.
b. Uses of water primarily for recreational or aesthetic purposes.
c. Uses of water for the irrigation of hay, corn, soybeans, oats, grain sorghum, or wheat.
d. Uses of water for the irrigation of crops other than hay, corn, soybeans, oats, grain
sorghum, or wheat.
e. Uses of water for manufacturing or other industrial processes.
f. Uses of water for generation of electrical power for public consumption.
g. Uses of water for livestock production.
h. Uses of water for human consumption and sanitation supplied by rural water districts,
municipal water systems, or other public water supplies as defined in section 455B.171.
i. Uses of water for human consumption and sanitation supplied by a private water supply
as defined in section 455B.171.
3. Unless the governor has issued a proclamation described in subsection 1, paragraph
“c”, the department shall not impose a suspension of water use or a further restriction, other
than conservation, on the uses of water provided in subsection 2, paragraphs “g” through “i”
or on users of water pursuant to a contract with the state as provided in section 455B.263,
subsections 5 and 6. If a contract with the state as provided in section 455B.263, subsections
5 and 6 was in effect prior to March 5, 1985, the department shall not impose a suspension
of water use or a further restriction, other than conservation, on the users of water pursuant
to that contract.
4. Suspension or restrictions of water usage applicable to otherwise nonregulated water
users shall be by emergency order of the director which the department shall cause to be
published in local newspapers of general circulation and broadcast by local media. The
emergency order shall state an effective date of the suspension or restriction and shall be
immediately effective on such date unless stayed, modified or vacated at a hearing before
the commission or by a court.

Legislative History

[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.21; 82 Acts, ch 1199, §20, 96]