§ 460.302 — Agricultural drainage wells

Iowa § 460.302

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 460: AGRICULTURAL DRAINAGE WELLS AND SINKHOLES

Text

1. An owner of an agricultural drainage well shall register the well with the department
of natural resources by September 30, 1988. The department of agriculture and land
stewardship, in cooperation with the department of natural resources, shall adopt rules,
pursuant to chapter 17A, which provide for an appeals process for violations of this
subsection.
2. An owner of an agricultural drainage well and a landholder whose land is drained
by the well or wells of another person shall develop, in consultation with the department
of agriculture and land stewardship and the department of natural resources, a plan which
proposes alternatives to the use of agricultural drainage wells by July 1, 1998.
a. Financial incentive moneys may be allocated from the financial incentive portion of
the agriculture management account of the groundwater protection fund created in section
455E.11 to implement alternatives to agricultural drainage wells.

b. An owner of an agricultural drainage well and a landholder whose land is drained
by the well or wells of another person shall not be eligible for financial incentive moneys
pursuanttoparagraph“a”iftheownerfailstoregisterthewellwiththedepartmentofnatural
resources by September 30, 1988, or if the owner fails to develop a plan for alternatives in
cooperation with the department of agriculture and land stewardship and the department of
natural resources.
3. The department shall:
a. (1) On July 1, 1987, initiate a pilot demonstration and research project concerning
elimination of groundwater contamination attributed to the use of agricultural chemicals and
agricultural drainage wells. The project shall be established in a location in north central
Iowa determined by the department to be the most appropriate. A demonstration project
shall also be established in northeast Iowa to study techniques for the cleanup of sinkholes.
(2) The agricultural drainage well pilot project shall be designed to identify the
environmental, economic, and social problems presented by continued use or closure of
agricultural drainage wells and to monitor possible contamination caused by agriculture land
management practices and agricultural chemical use relative to agricultural drainage wells.
b. Develop alternative management practices based upon the findings from the
demonstration projects to reduce the infiltration of synthetic organic compounds into the
groundwater through agricultural drainage wells and sinkholes.
c. Examine alternatives and the costs of implementation of alternatives to the use of
agricultural drainage wells, and examine the legal, technical, and hydrological constraints
for integrating alternative drainage systems into existing drainage districts.
4. Financial incentive moneys expended through the use of the financial incentive portion
of the agriculture management account may be provided by the department to landowners in
the project areas for employing reduced chemical farming practices and land management
techniques.
5. Thesecretarymayappointinteragencycommitteesandgroupsasneededtocoordinate
the involvement of agencies participating in department sponsored projects. The interagency
committees and groups may accept grants and funds from public and private organizations.
6. The department shall publish a report on the status and findings of the pilot
demonstration projects on or before July 1, 1989, and each subsequent year of the projects.
The department of agriculture and land stewardship shall develop a priority system for
the elimination of chemical contamination from agricultural drainage wells and sinkholes.
The priority system shall incorporate available information regarding the significance of
contamination, the number of registered wells in the area, and the information derived
from the report prepared pursuant to this subsection. The highest priority shall be given
to agricultural drainage wells for which the above criteria are best met, and the costs of
necessary action are at the minimum level.
7. Beginning July 1, 1993, the department shall initiate an ongoing program to meet the
goal of eliminating chemical contamination caused by the use of agricultural drainage wells
by January 1, 1995, based upon the findings of the report published pursuant to subsection 6.
8. Notwithstanding the prohibitions of section 455B.267, subsection 4, an owner of an
agricultural drainage well may make emergency repairs necessitated by damage to the
drainage well to minimize surface runoff into the agricultural drainage well, upon the
approval of the county board of supervisors or the board’s designee of the county in which
the agricultural drainage well is located. The approval shall be based upon the following
conditions:
a. The well has been registered in accordance with both state and federal law.
b. The applicant will institute management practices including alternative crops,
reduced application of chemicals, or other actions which will reduce the level of chemical
contamination of the water which drains into the well.
c. The owner submits a written statement that approved emergency repairs are necessary
and do not constitute a basis to avoid the eventual closure of the well if closure is later
determined to be required. If a county board of supervisors or the board’s designee approves
the emergency repair of an agricultural drainage well, the county board of supervisors or

the board’s designee shall notify the department of natural resources of the approval within
thirty days of the approval.