This text of Iowa § 460.304 (Agricultural drainage well water quality assistance program) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. The division shall establish an agricultural drainage well water quality assistance
program as provided by rules which shall be adopted by the division pursuant to chapter
17A. The program shall be supported from moneys deposited in the agricultural drainage
well water quality assistance fund created pursuant to section 460.303.
2. To the extent that moneys are available to support the program, the division shall
expend moneys from the fund to do the following:
a.
(1)Provide cost-share moneys to persons closing agricultural drainage wells in
accordance with the priority system established pursuant to section 460.302. In conjunction
with closing agricultural drainage wells, the division shall award cost-share moneys to carry
out the following projects:
(a)Construct alternative drainage
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1. The division shall establish an agricultural drainage well water quality assistance
program as provided by rules which shall be adopted by the division pursuant to chapter
17A. The program shall be supported from moneys deposited in the agricultural drainage
well water quality assistance fund created pursuant to section 460.303.
2. To the extent that moneys are available to support the program, the division shall
expend moneys from the fund to do the following:
a. (1) Provide cost-share moneys to persons closing agricultural drainage wells in
accordance with the priority system established pursuant to section 460.302. In conjunction
with closing agricultural drainage wells, the division shall award cost-share moneys to carry
out the following projects:
(a) Construct alternative drainage systems.
(b) Establishwaterqualitypracticesotherthanconstructingalternativedrainagesystems,
including but not limited to converting land to wetlands.
(2) The amount of moneys allocated in cost-share payments to a person qualifying under
the program shall not exceed seventy-five percent of the estimated cost of carrying out the
project or seventy-five percent of the actual cost of carrying out the project, whichever is less.
b. Contract with persons to obtain technical assessments in agricultural drainage well
areas, including but not limited to areas having a predominance of shallow bedrock or karst
terrain as the division determines is necessary to carry out a project.
3. a. Apersonwhoownsaninterestinlandwithinadesignatedagriculturaldrainagewell
area shall not be eligible to participate in the program, if the person is any of the following:
(1) A party to a pending legal or administrative action, including a contested case
proceeding under chapter 17A, relating to an alleged violation involving an animal feeding
operation as regulated by the department of natural resources, regardless of whether the
pending action is brought by the department or the attorney general.
(2) Is classified as a habitual violator for a violation of state law involving an animal
feeding operation as regulated by the department of natural resources.
b. Noncrop acres located within a designated agricultural drainage well area shall not be
eligible to benefit from the program.
c. The department of natural resources shall cooperate with the division by providing
information necessary to administer this subsection.
4. A person is not eligible to participate in the program for a project described in this
section that involves an agricultural drainage well that has not been registered with the
department of natural resources pursuant to section 460.302 by January 1, 2019.