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Rep. From Iowa Drainage District Association Gives Update

October 31, 2023 Steve Schwaller

(Spirit Lake)– Dickinson County Supervisors last week heard an update on some changes to drainage laws. John Torbert of the Iowa Drainage District Association says one of the most important ones stems from a U.S. Supreme Court ruling on what’s known as the “Waters of the US”, or WOTUS, that would have given the EPA the ability to regulate navigable waters, including drainage districts…

“What the Supreme Court said is, no, you can’t do that. So basically with the U.S. Supreme Court decision I can say for the first time in probably 20 years we have a situation where drainage and drainage districts and water in drainage ditches, we don’t really feel is going to have the potential to be regulated by the EPA, which would mean that you all would have to go to DNR and get a Clean Water Act permit to conduct drainage, and that would not be a good situation.”

Torbert says there were also some positive developments in the last session of the Iowa Legislature, including a new law requiring railroads to pay for repairs to culverts and drainage systems that go through their properties, something they previously had been exempt from.

He says another pertains to levy districts along the Missouri River in western Iowa. As part of that, Torbert says the Department of Homeland Security has been tasked with inspecting the levies. It also established $5 million in funding from gambling revenue that will go toward a cost sharing program to maintain the levies…

“They’re going to basically assign a numeric ranking to them: what’s best, what’s worst, so that they can start to prioritize where this money needs to go. I think the important thing about that is that for the first time that I can remember, maybe for the first time in history, we have state money going toward drainage and levy districts. Never happened before.”

Torbert says the threshold for which an engineer’s opinion is needed for drainage repairs has also been increased to $196,000.