March 29, 2024

Bill threatens CCRC’s progress

The Iowa General Assembly presented the Clarke County Reservoir Commission an unwelcome surprise as the legislators wrapped up their session on June 5.

Senate File 510, the “standings bill” contains language that changes the law on use of eminent domain for the creation of public water supply surface water reservoirs. The bill was passed by both the Iowa House and Senate on the last day of the session. It is now in Gov. Branstad’s office being evaluated by his staff.

“SF 510 is an appropriations bill, so the governor can use his line item veto authority on policy items as well as appropriations he does not agree with,” said Dave Beck, project coordinator for the reservoir commission. “Divisions 24, 25, and 26 of SF 510 contain remarkably bad public policy with implications for any community that relies on reservoirs for their public drinking water supply. How the law is targeted directly at Clarke County, effectively restricting population growth and economic development to 2010 levels raises questions about its legality under the Iowa Constitution.”

The bill limits the size of a reservoir “… to provide the amount of drinking water to meet the needs of a population equal to the population of the county where the lake is to be developed or created, according to the most recent federal decennial census.”

According to the US Census Bureau’s website, Clarke County’s population at the 2010 census was 9,286. The 2013 population estimate for Clarke County was 9325, about 0.4 percent higher just three years later.

“Planning any infrastructure, whether it is a road, airport, or water supply reservoir for a population you have already surpassed is foolish, at best,” Beck said. “The way it is worded does not allow planning for industrial water use, or for that matter, agricultural water use, now or in the future. How does the community plan for future industrial expansion? How does the community answer the water availability question of any business considering locating in Clarke County?”

The governor has 30 days to take action on the bill once he receives it from the General Assembly. He can approve all of it, he can approve some of the bill and disapprove (veto) some of the bill, or he can veto the entire bill. He will need to take action no later than July 6. Readers can contact Gov. Terry Branstad’s office at https://governor.iowa.gov/contact and click on “Registering an Opinion” or by calling 515-281-5211.

There is no provision to “grandfather” projects that are already underway. The Reservoir Commission has already purchased over 210 acres from four landowners. They have reached agreement to purchase an additional 945 acres from seven landowners, and are actively negotiating with five more landowners.

“I understand the frustrations of the landowners in the project area whose land the Commission needs to buy. While we work hard to move the process along, it takes time. But when you add in the uncertainties created by the Supreme Court decision and now this legislation they handed the governor,” Beck said. “People want to move on with their lives. We owe them the chance to do that.”

The last ballot initiative on the local option sales tax had more than 80 percent of the voters supporting the tax and the reservoir project it is designated for.

“The overwhelming majority of the citizens in the county support the need for an increased public water supply,” Beck said. “The majority of the affected landowners want to move on with the project. Existing Iowa law does an excellent job of protecting property rights. Changing the rules at this time is totally inappropriate.”