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Show 314 iowa All artificial uses are, however, clearly subject to natural (or domestic) uses. The latter include use for household purposes and stockwatering. Apparently in Iowa a riparian owner may divert as much water as he requires for a preferred domestic use, even though all artificial uses are extinguished.54 It is doubtful that one riparian who uses the water for domestic purposes may appropriate the entire flow of the stream as against other users for the same purpose.55 The common law rules relating to riparian rights apply only to surface "natural watercourses" (which in Iowa apparently means a "natural line of flowage")56 and to underground streams. To qualify as riparian, the land must abut a surface watercourse, and only the smallest tract bordering the stream will so qualify.57 3.3 Changes, Sales, and Transfers Water permits are tied to designated land on which the water is used. As an appurtenance to that land, they pass with a conveyance or other transfer of the land itself.58 3.4 Loss of Eights Section 445A.28 provides that a permit may be modified or can- celled by the commissioner (1) with the permittee's consent; (2) for breach of conditions contained in the permit; (3) for violations of the law by the permittee; (4) for nonuse; (5) where it is necessary to protect the public health or safety; (6) where it is necessary to protect the public interest; or (7) where it is necessary to prevent substantial injury to persons or property. A hearing after a 30-day notice for cancellation or modification is required where the per- mittee has not consented. Permits are apparently most commonly cancelled for failure to make the required periodic reports. Section 455A.29 appears to allow for forfeiture through 3 con- secutive years of nonuse provided the commissioner notifies the per- mittee of such termination. 3.5 Storage Waters, Artificial Lakes, and Ponds A dam cannot be constructed or maintained on a navigable or meander stream in Iowa for any purpose unless a permit has been granted by the Iowa Natural Resources Council.59 An application for a permit must be filed with the council60 and if the council deter- mines that the dam will not materially obstruct existing navigation, affect other public rights, or endanger life or public health, it shall grant the permit.61 The commission must also approve the method of construction and operation of the dam.62 « Willis v. City of Perry, 92 Iowa 297, 60 N.W. 727 (1894) ; Spence v. McDonough, 77 Iowa 460, 42 N.W. 371 (1889). ra Of. Hlnes at 8. 68 Hlnes, at 5, cites particularly Bellville v. Porter, 256 Iowa 1119, 130 N.W. 2d 426 (1964) which Is apparently the latest of several cases. 67 Hlnes at 6. 68 Sees. 455A.20, 455A.30. " Sec. 469.1. 90 Sec. 469.2. «• Sec. 469.6. 82 'Sec. 369.10. |
