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<br />STATE LAW <br /> <br /> <br />00077S <br /> <br />STATE OF IOWA <br /> <br />STATE LAWS, POLICIES, AND PROGRAMS <br /> <br />pertaining to <br /> <br />WATER AND RELATED LAND RESOURCES <br /> <br />1. General <br /> <br />A comprehensive water rights law was enacted by the Iowa <br />legislature in 1957. The law established a water use permit system <br />administered by a state agency, the Iowa Natural Resources Council. <br />With a few exceptions, all uses of water in amounts in excess of <br />5,000 gallons per day are regulated under the law. <br /> <br />Historically, water use in Iowa has been governed by rules of <br />common law enunciated by the courts. These rules have.been sup- <br />plemented periodically in fragmentary fashion by legislation designed <br />to accomplish a particular purpose or phase of water use. Typically, <br />such legislation relates to specific state departments, to political <br />subdivisions of the state, or to the formation and management and <br />special purpose districts. <br /> <br />Many aspects of water use and water rights have not been before <br />the courts for decision as to the current state of water use law. <br />This is particularly true of the comprehensive water rights law <br />enacted in 1957. <br /> <br />2. State Constitution <br /> <br />Although no general water policy for the state is established by the <br />Iowa State Constitution, state and local governmental programs in the <br />field of water resources in Iowa are subject to the usual constitutional <br />restrictions embodied in the concepts of due process of law, equal <br />protection and uniform application of the laws, and just compensation <br />for the taking of private property for public use (Iowa Const. Art. 1, <br />sec. 6, 9, 18; Art. III, sec. 30). A 1908 amendment authorized the <br />General Assembly to pass laws permitting the construction of drains <br />