Iowa Code 460.203 – Closing of agricultural drainage wells and construction of alternative drainage systems
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1. Not later than December 31, 2001, the owner of land which is within a designated agricultural drainage well area shall close each agricultural drainage well located on the land. The owner shall close the agricultural drainage well in a manner using materials and according to specifications required by rules which shall be adopted by the department in consultation with the division. The department may provide different closing requirements based on classifications established by the department. However, the department’s requirements shall ensure that an agricultural drainage well is closed by using sealing materials such as bentonite to permanently seal the agricultural drainage well from contamination by surface or subsurface water drainage.
Terms Used In Iowa Code 460.203
- Agricultural drainage well: means a vertical opening to an aquifer or permeable substratum which is constructed by any means including but not limited to drilling, driving, digging, boring, augering, jetting, washing, or coring, and which is capable of intercepting or receiving surface or subsurface drainage water from land directly or by a drainage system. See Iowa Code 460.101
- Alternative drainage system: means a drainage system constructed as part of a drainage district in order to drain surface or subsurface water from land due to the closing of an agricultural drainage well. See Iowa Code 460.101
- Department: means the department of natural resources. See Iowa Code 462A.2
- Division: means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159. See Iowa Code 460.101
- Drainage district: means a drainage district established pursuant to chapter 468. See Iowa Code 460.101
- Drainage system: means tile lines, laterals, surface inlets, or other improvements which are constructed to facilitate the drainage of land. See Iowa Code 460.101
- Land: means land which is used or which is suitable for use for any purpose, if the land is located within an agricultural drainage well area which includes land used or suitable for use in farming. See Iowa Code 460.101
- Owner: means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. See Iowa Code 462A.2
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
2. A person owning land affected by the closing of an agricultural drainage well as required pursuant to subsection 1 may construct an alternative drainage system as part of an established or new drainage district as provided in chapter 468. The alternative drainage system shall ensure that surface or subsurface water does not drain into an agricultural drainage well.