Iowa Code 455B.266 – Priority allocation
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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.
Terms Used In Iowa Code 455B.266
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of natural resources. See Iowa Code 462A.2
- Department: means the department of natural resources created under section 455A. See Iowa Code 455B.101
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
- Manufacturing: means physical or chemical modification of one or more materials to produce packaging or packaging components. See Iowa Code 455D.19
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
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.