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Show Chapter 15. IOWA CONTENTS Page 1. Development of Iowa Water Law_____________________________ 303 2. State Organizational Structure for Water Administration and Control. _ 303 2.1 Administration of Water Rights_______________________ 303 2.2 Resolution of Water Use Conflicts_____________________ 309 2.3 Other Agencies Having Water Resource Responsibilities____ 310 3. Surface Waters____________________________________________ 312 3.1 Method of Acquiring Rights__________________________ 312 3.2 Nature and Limit of Rights__________________________ 312 3.3 Changes, Sales, and Transfers________________________ 314 3.4 Loss of Rights_____________________________________ 314 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 314 3.6 Springs__________________________________________ 315 3.7 Diffused Surface Waters_____________________________ 315 4. Ground Water____________________________________________ 316 Publications Available________________________________________ 316 DISCUSSION 1. Development of Iowa Water Law Prior to 1957, Iowa recognized riparian rights in surface water- courses and underground streams, subject to reasonable use. Natural uses of water, such as for domestic purposes, were accorded a priority over artificial uses, such as irrigation. Ground water is presumed to be percolating water, subject to reasonable use by landowners for beneficial, nonwasteful purposes. In 1957, Iowa enacted a rather comprehensive statute which applies to all water, whether surface or underground, and which requires that water use permits be obtained from the State water commissioner before any water is withdrawn, diverted, or stored. The statute contains a number of exceptions for specified uses. The effect of the act on riparian rights is not entirely clear. 2. State Organizational Structure For Water Administration And Control 2.1 Administration of Water Rights The natural resources council, consisting of nine members ap- pointed by the Governor, appoints a director who serves as the executive officer of the council and a water commissioner, one of whose duties is to conduct hearings on applications for water per- mits. The procedure for acquiring a permit is outlined in section 3.1, infra. It should be noted that although the council may not issue a permit which may cause pollution of the State's waters, the council has no jurisdiction over water pollution matters generally. See section 2.3, infra. 303 |
