Bill Text: IA SF428 | 2011-2012 | 84th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to drainage districts, by providing for the assessment of benefits by state agencies, and including effective date provisions. (Formerly SF 227.) Effective 4-14-11.

Spectrum: Committee Bill

Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF428 Detail]

Download: Iowa-2011-SF428-Introduced.html

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Senate File 428 - Introduced
SENATE FILE 428
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SF 227)
A BILL FOR
An Act relating to drainage districts, by providing for the
assessment of benefits by state agencies, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 468.2, subsection 1, Code 2011, is
amended to read as follows:
1. The drainage of surface waters from agricultural lands
and all other lands , including state-owned lakes and wetlands,
or the protection of such lands from overflow shall be presumed
to be a public benefit and conducive to the public health,
convenience, and welfare.
Sec. 2. Section 468.40, Code 2011, is amended by adding the
following new unnumbered paragraph:
NEW UNNUMBERED PARAGRAPH . When the land is a state-owned
lake or state-owned wetland, the commissioners shall ascertain
the benefits realized from removing excess water and shall
not consider any benefit realized if the state-owned lake or
state-owned wetland were drained or converted to another land
use.
Sec. 3. Section 468.43, unnumbered paragraph 3, Code 2011,
is amended to read as follows:
When state-owned land under the jurisdiction of the
department of natural resources is situated within a levee or
drainage district, the commissioners assessing benefits shall
ascertain and return in their report the amount of benefits and
the apportionment of costs and expenses to the land, and the
board of supervisors shall assess the amount against the land.
In estimating benefits to land which is a state-owned lake or
state-owned wetland, the commissioners shall ascertain benefits
as provided in section 468.40.
Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
EXPLANATION
RECOMMENDATION. This bill is based on a recommendation of
the levee and drainage district law study committee which met
in 2010.
LEVEE AND DRAINAGE DISTRICTS. The bill addresses levee and
drainage districts organized under Code chapter 468, which
authorizes the removal of excess precipitation accumulating on
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S.F. 428
land and the protection of land from surface water flooding. A
district is managed by a “board” which is the county board of
supervisors for a district established in one county, the joint
boards of supervisors in a district which crosses county lines
(intercounty districts), or by the district’s landowners acting
through an elected board of trustees (Code section 468.3(2)).
The land is assessed by “commissioners” who are three persons
appointed by a board to classify lands, fix percentages of
benefits, and apportion and assess costs and expenses in any
levee or drainage district (Code section 468.38).
ASSESSMENT OF STATE-OWNED LAKES AND STATE-OWNED WETLANDS.
This bill expressly provides that the recognized public
benefit derived from draining surface water from land includes
state-owned lakes and wetlands. It also provides for the
manner of assessment. The commissioners are required to base
the amount assessed on the benefits realized from removing
excess water and cannot consider any benefit realized if
the state-owned lake or state-owned wetland were drained or
converted to another land use.
EFFECTIVE DATE. The Act takes effect upon enactment.
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