Iowa HF 861: A bill for an act relating to appropriations to the justice system, gambling regulatory fees, and creating a bureau of cyber-crime, establishing a department of corrections survivor benefits fund, and including effective date and retroactive applicability provisions. Effective date: Enactment, 07/01/2021. Applicability date: 03/01/2021.

Bill Text

House
File
861
-
Introduced

HOUSE
FILE
861

BY
COMMITTEE
ON
NATURAL

RESOURCES

(SUCCESSOR
TO
HF
480)

A
BILL
FOR

An
Act
relating
to
beneficial
use
in
the
context
of
water
1

allocation.
2

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3

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861

Section
1.
Section
455B.261,
subsection
4,
Code
2025,
is
1

amended
by
striking
the
subsection.
2

Sec.
2.
Section
455B.265,
subsection
1,
Code
2025,
is
3

amended
to
read
as
follows:
4

1.
In
its
consideration
of
applications
for
permits,
the
5

department
shall
give
priority
in
processing
to
persons
in
6

the
order
that
the
applications
are
received,
except
where

7

when
the
application
of
this
processing
priority
system
8

prevents
the
prompt
approval
of
routine
applications
or
9

where

when
the
public
health,
safety,
or
welfare
will
be
10

threatened
by
delay.
If
the
department
determines
after
11

investigation
that
the
diversion,
storage,
or
withdrawal
is
12

consistent
with
the
principles
and
policies
of
beneficial
13

use
and
ensuring
conservation,
the
department
shall
grant
a
14

permit.
The
determination
of
beneficial
use
shall
be
made
on

15

a
case-by-case
basis,
and
shall
not
be
based
on
categories
16

of
uses.
An
application
for
a
permit
shall
be
approved
or
17

denied
within
ninety
days
from
the
date
that
the
department
18

receives
the
complete
application.
A
renewal
permit
shall
be
19

approved
or
denied
by
the
department
within
thirty
days
from
20

the
date
that
the
department
receives
a
complete
application
21

for
renewal.
If
the
applicant
requests
an
extension
of
the
22

time
allotted,
the
department
may
approve
the
request
to
allow
23

the
applicant
more
time
to
submit
additional
information
to
24

resolve
a
contested
or
complex
application.
Regardless
of
the
25

request
in
the
application,
and
subject
to
appeal,
the
director
26

or
the
department
may
determine
the
duration
and
frequency
27

of
withdrawal
and
the
quantity
of
water
to
be
diverted,
28

stored,
or
withdrawn
pursuant
to
the
permit.
Each
permit
29

granted
after
July
1,
1986,
shall
include
conditions
requiring
30

routine
conservation
practices,
and
requiring
implementation
31

of
emergency
conservation
measures
after
notification
by
the
32

department.
33

EXPLANATION
34

The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35

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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1

This
bill
relates
to
beneficial
use
of
water
allocation.
2

Under
current
law,
for
the
purposes
of
Code
chapter
455B,
3

subchapter
III,
part
4,
“beneficial
use”
is
defined
as
the
4

application
of
water
to
a
useful
purpose
that
inures
to
the
5

benefit
of
the
water
user
and
subject
to
the
user’s
dominion
6

and
control
but
does
not
include
the
waste
or
pollution
of
7

water.
The
bill
strikes
the
definition
and
provides
that
8

beneficial
use
is
determined
by
the
department
of
natural
9

resources
on
a
case-by-case
basis
when
determining
whether
to
10

grant
a
permit
for
the
diversion,
storage,
or
withdrawal
of
11

water,
and
must
not
be
based
on
the
category
of
use.
12

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