Iowa Code

Iowa Code § 455B.262 (2026)

Declaration of policy and planning requirements

✓ current as of July 2026

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1. It is recognized that the protection of life and property from floods, the prevention of damage to lands from floods, and the orderly development, wise use, protection, and conservation of the water resources of the state by their considered and proper use is of paramount importance to the welfare and prosperity of the people of the state, and to realize these objectives, it is the policy of the state to correlate and vest the powers of the state in a single agency, the department, with the duty and authority to assess the water needs of all water users at five-year intervals for the twenty years beginning January 1, 1985, and ending December 31, 2004, utilizing a database developed and managed by the Iowa geological survey, and to prepare a general plan of water allocation in this state considering the quantity and quality of water resources available in this state designed to meet the specific needs of the water users. The department shall also develop and the department shall adopt no later than June 30, 1986, a plan for delineation of floodplain and floodway boundaries for selected stream reaches in the various river basins of the state. Selection of the stream reaches and assignment of priorities for mapping of the selected reaches shall be based on consideration of flooding characteristics, the type and extent of existing and anticipated floodplain development in particular stream reaches, and the needs of local governmental bodies for assistance in delineating floodplain and floodway boundaries. The plan of floodplain mapping shall be for the period from June 30, 1986, to December 31, 2004. After the department adopts a plan of floodplain mapping, the department shall submit a progress report and proposed implementation schedule to the general assembly biennially. The department may modify the floodplain mapping plan as needed in response to changing circumstances.

2. The general welfare of the people of the state requires that the water resources of the state be put to beneficial use which includes ensuring that the waste or unreasonable use, or unreasonable methods of use of water be prevented, and that the conservation and protection of water resources be required with the view to their reasonable and beneficial use in the interest of the people, and that the public and private funds for the promotion and expansion of the beneficial use of water resources be invested to the end that the best interests and welfare of the people are served.

3. Water occurring in a basin or watercourse, or other body of water of the state, is public water and public wealth of the people of the state and subject to use in accordance with this chapter, and the control and development and use of water for all beneficial purposes is vested in the state, which shall take measures to ensure the conservation and protection of the water resources of the state. These measures shall include the protection of specific surface and\n\nTue Dec 09 22:11:03 2025 Iowa Code 2026, Chapter 455B (104, 1) 69 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.263\n\ngroundwater sources as necessary to ensure long-term availability in terms of quantity and quality to preserve the public health and welfare. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.2; 82 Acts, ch 1199, §16, 96] C83, §455B.262 83 Acts, ch 137, §9; 85 Acts, ch 7, §2; 85 Acts, ch 91, §1; 86 Acts, ch 1245, §1899B; 2019 Acts, ch 24, §104 Referred to in §455B.265A \n

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2007–2026 · leading case: Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).

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Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017). · cites it 2× “§ 455B.262 (describing the importance to the state of protecting “life and property from floods” and “the orderly development, wise use, protection, and conservation of the water resources of the state”).”

Orr v. Mortvedt, 735 N.W.2d 610 (Iowa 2007). · cites it 4× “262(3) (2003) provides: Water occurring in a basin or watercourse, or other body of water of the state, is public water and public wealth of the people of the state and subject to use in accordance with this chapter, and the control and development and use of water for all…”

Lyle E. Schneider, Paul S. Kurtz & Shirley J. Kurtz, Gene J. Peters, Sterling Tops, Inc., Robert W. Bonorden & Deann M. Bonorden, Gerald W. Petersen, Richard R. Kane & Debra K. Kane, Mark A. Doepke & Michelle L. Doepke, Gloria M. Knapp Freilinger, Rudy Busch D/b/a Rudy's Sales & Serv., Paul R. Beem & Stacie L. Beem, David J. Fink & Deb Fink, Davik's Auto Body/denver Oil Co., Randall-marta Bender D/b/a Bender Enter., Inc., Tommie Brettmann D/b/a Denver Mill, Byron D. Davis & Jane P.Davis, Davis Farm & Auto, Inc., William Buss D/b/a Denver Constr., Inc., & Mike Wooldrik, As Of The Est. Of Robert Wooldrik, Vs. State Of Iowa, 789 N.W.2d 138 (Iowa 2010). · cites it 2× “” Iowa Code § 455B.262(1). In furtherance of this broad statement of policy, certain activities are expressly prohibited in a floodway or flood plain.”

State of Iowa v. Jeffrey Alan Meyers (Iowa 2020). · cites it 4× “2d at 617 ; accord Iowa Code § 455B.262(1). However, because chapter 455B does not expressly address the nature and extent of the property interests of the owners of nonnavigable watercourses, we concluded chapter 455B does not prescribe those property rights.”

Driftless Water Defenders v. Iowa Dep't of Nat. Resources (Iowa Ct. App. 2026). · cites it 2× “The decision also remanded the case to the DNR to fully “articulate a reasonable and rational basis for finding a ‘beneficial use’ exists, or does not exist” under Iowa Code section 455B.262’s (2022) enumerated factors.”

Stephen L. Orr, Shirlee Orr, Ronald E. Cameron, Randy Sevde, & Colleen Katerie Sevde (Iowa 2007). · cites it 2× “Iowa Code section 455B.262(3) (2003) provides: Water occurring in a basin or watercourse, or other body of water of the state, is public water and public wealth of the people of the state and subject to use in accordance with this chapter, and the control and development and use…”

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19 (Iowa 2017). “§ 455B.262 (describing the importance to the state of protecting “life and property from floods” and “the orderly development, wise use, protection, and conservation of the water resources of the state”).”

Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017). “§ 455B.262 (describing the importance to the state of protecting “life and property from floods” and “the orderly development, wise use, protection, and conservation of the water resources of the state”).”

— Iowa Code § 455B.262(1) — 3 cases

Lyle E. Schneider, Paul S. Kurtz & Shirley J. Kurtz, Gene J. Peters, Sterling Tops, Inc., Robert W. Bonorden & Deann M. Bonorden, Gerald W. Petersen, Richard R. Kane & Debra K. Kane, Mark A. Doepke & Michelle L. Doepke, Gloria M. Knapp Freilinger, Rudy Busch D/b/a Rudy's Sales & Serv., Paul R. Beem & Stacie L. Beem, David J. Fink & Deb Fink, Davik's Auto Body/denver Oil Co., Randall-marta Bender D/b/a Bender Enter., Inc., Tommie Brettmann D/b/a Denver Mill, Byron D. Davis & Jane P.Davis, Davis Farm & Auto, Inc., William Buss D/b/a Denver Constr., Inc., & Mike Wooldrik, As Of The Est. Of Robert Wooldrik, Vs. State Of Iowa, 789 N.W.2d 138 (Iowa 2010). “” Iowa Code § 455B.262(1). In furtherance of this broad statement of policy, certain activities are expressly prohibited in a floodway or flood plain.”

State of Iowa v. Jeffrey Alan Meyers (Iowa 2020). “2d at 617 ; accord Iowa Code § 455B.262(1). However, because chapter 455B does not expressly address the nature and extent of the property interests of the owners of nonnavigable watercourses, we concluded chapter 455B does not prescribe those property rights.”

— Iowa Code § 455B.262(3) — 3 cases

Orr v. Mortvedt, 735 N.W.2d 610 (Iowa 2007). “262(3) (2003) provides: Water occurring in a basin or watercourse, or other body of water of the state, is public water and public wealth of the people of the state and subject to use in accordance with this chapter, and the control and development and use of water for all…”

Stephen L. Orr, Shirlee Orr, Ronald E. Cameron, Randy Sevde, & Colleen Katerie Sevde (Iowa 2007). “Iowa Code section 455B.262(3) (2003) provides: Water occurring in a basin or watercourse, or other body of water of the state, is public water and public wealth of the people of the state and subject to use in accordance with this chapter, and the control and development and use…”

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