Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.10 - Priority Allocation Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
After any event
				  described in subrule 52.10(2) has occurred, the department will investigate
				  and, if appropriate, may restrict water use according to the priority
				  allocation plan as described in subrule 52.10(3). Prior to imposing the
				  priority allocation plan, the department will normally require emergency
				  conservation measures to be taken by existing permittees. The department will
				  not normally require emergency conservation until a shortage of water is
				  imminent and will not normally impose the priority allocation plan until an
				  actual impairment of water usage exists.
The department will notify existing permittees of any
					 emergency restriction or suspension of water use by written order pursuant to
					 subrule 52.7(2). A permittee will be required to maintain daily records of
					 water withdrawal and wastewater discharge, if any, while the emergency order is
					 in effect. These records shall be available for inspection by the department to
					 verify compliance with the order.
Suspension or restriction of water usage applicable to
					 otherwise nonregulated water users shall be by emergency order of the director
					 which the department shall cause to be published in local newspapers of general
					 circulation and broadcast by local media. The emergency order shall state an
					 effective date of the suspension or restriction and shall be immediately
					 effective on that date unless stayed, modified or vacated at a hearing before
					 the commission or by a court.
The department will lift the suspension or restriction of
					 water usage, as deemed appropriate, when evidence of sustained, improved
					 conditions is available.
The department will not impose a suspension of water or a
					 further restriction, other than emergency conservation, on the uses of water
					 provided in paragraphs 52.10(3)
"g"
through
"i"
or on uses of water pursuant to a contract with the state as provided in Iowa
					 Code subsections
					 455B263(5). and
					 455B263(6). unless the
					 governor has issued a proclamation, as described in paragraph
					 52.10(2)
"b. "
Notwithstanding such proclamation, in the case
					 of water use under a contract with the state pursuant to Iowa Code subsections
					 455B.263(5) and
					 455B263(6). and in effect
					 prior to March 5, 1985, restriction or suspension measures will be limited to
					 emergency conservation.
(2)
Triggering events.
The department may implement the priority
				  allocation plan following the occurrence of any of the following:
a. Receipt of a petition by a governmental
				  subdivision or 25 persons that the priority allocation plan be implemented due
				  to a substantial local water shortage adversely affecting their water
				  supply.
b. Issuance by the governor
				  of a proclamation of a disaster emergency due to a drought or other event
				  affecting water resources of the state.
c. Determination by the department in
				  conjunction with the homeland security and emergency management division of the
				  Iowa department of public defense of a local crisis which affects availability
				  of water.
d. Receipt of information
				  from a state or federal natural resource, research or climatological agency
				  (including the National Drought Monitor) indicating that a drought of local or
				  state magnitude is imminent. As a general guideline, emergency conservation or
				  priority allocation restrictions will not be imposed on withdrawals from a
				  surface stream or adjacent alluvial aquifer when stream flow is above the
				  seven-day, one-in-ten-year low-flow level.