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<br />and to reasonable use of the flood plains. The <br />Council may cooperate with and assist local units <br />of government in the establishment of encroach- <br />ment limits, flood plain regulations and zoning or- <br />dinances relating to flood plain areas within their <br />jurisdiction. <br />Flood plain information studies are completed <br />or underway for several areas of the State. Reports <br />have been prepared and published by the U. S. <br />Corps of Engineers for streams at Cedar Rapids, <br />Davenport and Ames. A study of the Iowa River at <br />Iowa City was made by the Resources Council in <br />1960 and regulations based on the study and gov- <br />erning use of the floodway and flood plains were <br />adopted in 1962 by the City as part of its compre- <br />hensive zoning ordinance (See Plate I, Iowa City <br />Flood Plain Regulation). The ordinance permits <br />only open-type uses in the flood way area and, in <br />those flood plain areas not needed for conveyance, <br />permits development consistent with the adjoining <br />use district provided the area is filled to a specified <br />elevation. <br /> <br />Case Law <br /> <br />Prior to the establishment of the Iowa water use per- <br />mit system in 1957, the water law of the state was con- <br />tained in decisions of the Iowa Supreme Court. The <br />court has used the common law as the rule of decision in <br />water resources cases. Although many provisions of the <br />water rights law appear to have been drafted to preserve <br />the common law, the effect of the water rights statute <br />on the common law riparian doctrine has not been judi- <br />cially established. Rules of law taken from leading court <br />decisions rendered prior to enactment of the water rights <br />law may therefore be useful in predicting the attitude of <br />the Iowa court, particularly in those areas where the <br />statute may be ambiguous or where the existence of a <br />'vested right' to a particular use is asserted. <br />The doctrine of riparian rights has always prevailed in <br />Iowa, attaching to any natural watercourse, a term which <br />has been defined very broadly by the Iowa Supreme <br />Court. Where water naturally and habitually follows a <br />certain general path, within reasonable limits as to wid th, <br />the line of flow is a natural watercourse (Hinkle v. Avery, <br />gg Iowa 47). It need not have a definite channel or <br /> <br />banks, a swale may be a natural watercourse (Hunt v. <br />Smith, 23.8 Iowa 543, 28 N.W. 2d 213; Stouder v. <br />Dashner, 242 Iowa 1340, 49 N .W. 2d 859). It need not <br />be entirely natural but may be aided by the hand of man, <br />(Falcon v. Boyer, 157 Iowa 745, 142 N.W. 427) as by <br />deepening or straightening in a swale or stream (Logsdon <br />v. Anderson, 239 Iowa 585, 30 N.W. 2d 787). An artifi. <br />cial ditch, as a drainage ditch, may become a natural <br />watercourse by lapse of time (IO years) as between pri- <br /> <br />18 <br /> <br />vate individuals on principles similar to the creation of <br />an easement by prescription (Nixon v. Welch, 238 Iowa <br />34, 24 N.W. 2d 476) but such rights may not be urged <br />against the public (Droegmiller v. Olson, 241 Iowa 456, <br />40 N.W. 2d 292). <br />On many occasions, the Iowa court has recognized the <br />right of a riparian owner to have the water in a stream <br />flow by or through his property in its natural state sub- <br />ject only to the equal right of other riparian owners to <br />make reasonable use of the water (Harp v. Iowa Falls <br />Electric Co., 196 Iowa 317, 191 N.W. 520; Watt v. <br />Robbins, 160 Iowa 587, 142 N.W. 387; Gibson & KJop- <br />penstein v. Fischer & Orton, 68 Iowa 29, 25 N.W. 914; <br />Decorah Woolen Mill Co. v. Greer, 49 Iowa 490). In de- <br />te.rmining whether a particular use is reasonable the Iowa <br />court has enumerated several criteria - what the use is <br />for; its extent, duration, necessity, and its application; <br />the nature and size of the stream, and the several uses to <br />which it is put; the extent of the injury to the one pro- <br />prietor, and of the benefit to the other; climatic condi- <br />tions; the uses and customs of the neighborhood; con- <br />venience in doing business; and indispensable public ne- <br />cessity of cities and villages for drainage, and all other <br />facts which may bear upon the reasonableness of the llse <br />(Gehlen Brothers v. Knorr, 101 Iowa 700, 70 N.W. 757). <br />Generally, riparian rights accrue only to the smallest <br />abutting tract held under one chain of title leading to the <br />present owner. The Iowa court has stated that a riparian <br />owner is one "whose land abuts upon a river" (Peck v. <br />Olsen Construction Co., 216 Iowa 519,245 N.W. 131). <br />Owners of land riparian to a navigable or meandered <br />stream own only to the ordinary high water mark, the <br />State retaining title to the bed and banks (Shortell v. Des <br />Moines Electric Co., 186 Iowa 469,172 N.W. 649). The <br />court has defined the ordinary high water mark as the <br />limit of the bed which the water occupies sufficiently <br />long and continuously to wrest it from vegetation and <br />destroy its value for agricultural purposes (Merrill v. Bd. <br />of Supvr's of Cerro Gordo County, 146 Iowa 325, 125 <br />N.W. 222: Solomon v. City of Sioux City, 243 Iowa 633, <br />51 N.W. 2d 420; Wilcox v. Pinney. 250 Iowa 1378,98 <br />N.W. 2d 720). <br />Although the Iowa court has experienced little diffi-. <br />culty in enunciating and applying the classic riparian <br />doctrines regarding uses of water which do not diminish <br />supplies or impair quality, consumptive IJses of wa ter <br />create more problems and doctrine concerning such uses <br />is much less certain. The court has in such cases distin- <br />quished between "natural" and "artitlcial" uses. <br />Natural uses have been defined by the court as use for <br />domestic purposes, including household uses, such as <br />cleansing and washing, and supplying an ordinary num- <br />ber of horses or stock with water. A riparian owner may <br />take all of the water needed for these purposes even if <br />al\ of the water in the stream is thereby consumed. All <br />