General Assembly: 82 (2008 Regular GA) - Chapter 1163 - Water use — permit fees and funding


Published: 2008-05-10

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672LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1162

Sec. 154. FUTURE ELIMINATION OF NONCONFORMING REFERENCES. The follow- ing sections, as amended by this Act, or as amended by a subsequent Act, are amended as fol- lows: 1. Sections 9H.1, 10B.1, 10C.1, 10D.1, 203.1, and 501A.102, by striking from the sections the

word and figure “or 490A.102”. 2. Sections 9H.4, 10.1, 10B.4, 10B.7, 476C.1, 501A.102, 524.1309, and 547.1, by striking from

the sections the word and figure “or 490A”. 3. Sections 10.1 and 10.10, by striking from the sections the word and figure “or 490A.305”. 4. Sections 10.1 and 10.10, by striking from the sections the word and figure “or 490A.307”. 5. Sections 421.26 and 422.16, by striking from the sections the words and figures “or sec-

tions 490A.601 and 490A.602”. 6. Sections 488.108, 490.401, 504.401, and 504.403, by striking from the sections the words

and figures “and for a limited liability company under chapter 490A, section 490A.401, 490A.402, or 490A.1322”. 7. Sections 501A.1101, 501A.1102, and 501A.1103, by striking from the sections the word

and figure “or 490A.1207”. 8. Section 524.303, by striking from the section the word and figure “or 490A.124”. 9. Section 524.315, by striking from the section the words and figure “or chapter 490A, the

Iowa limited liability company Act”. 10. Section 524.1309, by striking from the section the words and figures “or 490A, subchap-

ter VII”. 11. Section 524.2001, by striking from the section the figure “490A,”.

DIVISION V EFFECTIVE DATES

Sec. 155. EFFECTIVE DATES. 1. Except as provided in subsection 2, this Act takes effect on January 1, 2009. 2. The section of division IV of this Act that provides for the future elimination of noncon-

forming references takes effect on December 31, 2010.

Approved May 10, 2008

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CH. 1163CH. 1163

CHAPTER 1163 WATER USE — PERMIT FEES AND FUNDING

H.F. 2672

AN ACT relating to water use permit fees, creating a new water use permit fund, and making appropriations.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 423.3, Code Supplement 2007, is amended by adding the following new subsection: NEW SUBSECTION. 93. Water use permit fees paid pursuant to section 455B.265.

Sec. 2. Section 455B.265, Code 2007, is amended by adding the following new subsection: NEWSUBSECTION. 6. The department may charge a fee to a person who has been grant-

673 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1163

ed a permit pursuant to this section or is required to have a permit pursuant to section 455B.268. The commission shall adopt by rule the fee amounts. a. The amount of a fee shall be based on the department’s reasonable cost of reviewing ap-

plications, issuing permits, ensuring compliance with the terms of the permits, and resolving water interference complaints. The commission shall calculate the fees to produce total reve- nues of not more than five hundred thousand dollars for each fiscal year, commencing with the fiscal year beginning July 1, 2009, and ending June 30, 2010. b. Fees collected pursuant to this subsection shall be credited to the water use permit fund

created in section 455B.265A. c. The commission shall annually review the amount of moneys generated by the fees, the

balance in the water use permit fund, and the anticipated expenses for the succeeding fiscal year. d. Fees paid pursuant to this section shall not be subject to sales or services taxes. e. The department shall not require an applicant to pay both an annual fee and an applica-

tion fee when submitting an application for a water use permit.

Sec. 3. NEW SECTION. 455B.265A WATER USE PERMIT FUND — APPROPRIATION. 1. A water use permit fund is created in the state treasury. The fund shall be separate from

the general fund of the state and shall be under the control of the department. 2. Moneys credited to the fund from the fees assessed pursuant to section 455B.265, subsec-

tion 6, are appropriated to the department and shall be used for all of the following purposes: a. Reviewing applications for permits under section 455B.265, issuing permits, and provid-

ing technical assistance to permit applicants. b. Ensuring compliance with the terms of the permits. c. Implementing and enforcing the provisions of sections 455B.261 through 455B.281 per-

taining towater allocation, use, diversion, storage, andwithdrawal, and completing investiga- tions needed to issue new or modified permits or to resolve water interference complaints. 3. Notwithstanding section 8.33, any unexpended balance in the fund at the end of a fiscal

year shall be retained in the fund. 4. Notwithstanding section 12C.7, subsection 2, interest, earnings on investments, or time

deposits of the moneys in the fund shall be retained in the fund.

Sec. 4. EMERGENCY RULES. The department of natural resources may adopt emergen- cy rules under section 17A.4, subsection 2, and section 17A.5, subsection 2, paragraph “b”, to rescindanyexistingwater usepermit fees to facilitate implementationof thisAct, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.

Approved May 10, 2008