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The agricultural drainage well application form (DNR Form 542-1539) must be used to apply for a permit for the continuing use of an existing agricultural drainage well (ADW). Rules adopted by the Environmental Protection Commission require that applications for permits be submitted by July 1, 1999 unless the Department of Natural Resources (DNR) grants an extension to that date. Requests for extensions should be made in writing, citing the location of the ADW and the reasons for an extension.

Applications will not be required for ADWs that, by law, must be closed by December 31, 1999 (i.e., those with anaerobic lagoons or earthen manure storage structures in the ADW drainage area that require a Department of Natural Resources construction permit). In addition, applications will not be required for the ADWs included in the Pocahontas County and Wright County alternative drainage projects.

A separate application should submitted for each ADW. If several ADWs work in tandem and share a common drainage system, contact the DNR for further guidance.

List the name, mailing address, and telephone number of each applicant. The applicant(s) must be the person(s), firm(s), corporation(s), organization(s), etc. who have legal responsibility for the land on which the ADW is located as well as all lands that are drained by the ADW. If an organized drainage district owns or assumes responsibility for the repair and maintenance of the ADW or any portion of the ADW drainage system, the drainage district should also be an applicant. If roads and their rights-of-way are drained by the ADW, the county or state IDOT should also be a joint applicant.

Permits for the continuing use of an ADW, if granted, will be issued jointly to all landowners having land that is drained by the ADW, so it is important to list all such landowners as applicants. Applications that do not include all such landowners will not be considered complete. Space is provided for up to three applicants. Attach an additional sheet if necessary. DNR staff may, in some instances, request additional information on all parties having a legal or equitable interest in the involved land.

Applicants may designate an agent to act on their behalf in obtaining the permit. During the permit process, all correspondence and inquiries will be directed to the authorized agent. If the applicant is a corporation, government agency, etc., the authorized agent should be an officer or other person who has the legal authority to act on behalf of the applicant. If the applicant does not wish to designate an agent, leave blank.

Provide the location of the ADW to the nearest quarter-quarter section. It is important to accurately locate the ADW so that the DNR’s database of known ADW locations can be crosschecked with the applications submitted.

If the depth of the ADW is not known or cannot be estimated with reasonable accuracy (i.e. within plus or minus 20 ft.), leave "depth" blank. If the depth is provided, indicate whether the depth is known with certainty (for instance, if the well depth has been accurately measured) or whether the depth is an estimate. The diameter is the inside diameter of the well casing.

The 1987 Iowa Groundwater Protection Act required that all ADWs be registered with the DNR by 1989. If the ADW was registered, provide the DNR registration number, if known. If you do not know if the ADW was registered or do not know the registration number, check the "unknown" box under Item 5. The decision to issue or deny a permit for the continuing use of an ADW will not be based on whether or not the ADW was registered with the DNR.

Iowa law defines "surface water intakes" as an artificial opening to a drain tile that drains into an ADW if the opening allows surface water to enter the drain tile without filtration through the soil profile. Indicate whether the ADW drainage system presently has surface water intakes. If surface intakes have been removed within the last five years, indicate when the intakes were removed under Item 13, Remarks. It is not necessary to have the surface intakes removed prior to applying for a permit, but permits issued will contain a condition requiring removal by December 31, 2001.

If it is not known whether a septic system or other waste system for human or animal waste is directly connected to an ADW drainage system, contact your county sanitarian for possible assistance in making that determination. "Directly connected" means connected by tile or pipe. Applicants should know the answer to this question before an application is submitted. If it is not possible to find out before submitting the application, check the "unknown" box. If "unknown" is checked, the permit, if issued, will require the applicant(s) to conduct testing to determine if waste systems are connected to the ADW.

A number of ADWs drain land that is not owned by the ADW owner. If there is any legally binding agreement regarding joint usage, maintenance responsibilities, etc. between the ADW owner and such other landowners, indicate the nature of the agreement. Copies of the agreement do not have to be submitted. In many cases, the joint usage of the ADW may have been established on a "handshake" basis, in which case there would be no legally binding agreement and the "No" box should be checked. If the ADW only drains land owned by the ADW owner, the "Not applicable" box should be checked.

A map showing the accurate location and extent of the listed features must be submitted with the application form. An application will not be considered complete unless an accurate map has been submitted. Aerial crop photos can be used as a base map to show the location of the ADW, its drainage area, and the other information listed. If aerial crop photos are not used, the map that is submitted must be drawn to scale. Map symbols that should be used are provided on page 4 of these instructions. An ADW drainage area is all land that contributes flow to the ADW. If surface or subsurface drainage water on a parcel of land can end up going down the ADW, that land is within the ADW drainage area. The boundary of the ADW drainage area should be drawn as accurately as possible on the map. If the extent of the ADW drainage area cannot be determined, provide the best estimate and explain the situation under Item 13.

As part of the review process to determine if a permit should be granted, the DNR will evaluate whether any viable alternatives to the use of the ADW exist. Factors that will be considered include the impact that ADW closure would have on adjacent lands, the cost and feasibility of providing an alternative outlet, and the availability of public assistance for constructing an alternate outlet. If the applicant(s) has or is aware of any information evaluating the feasibility of an alternative outlet, this information should be provided with the application.

Check the box that best describes the present condition of the ADW. For "partially functioning" or "not functioning" provide comments under Item 13 as needed to indicate the work that needs to be done to restore efficiency.

All applicants must sign the application form. The signature must be the individual(s) named in Item 1 or an official or agent legally authorized to act on behalf of the applicant. A tenant typically could not sign the application on behalf of an absentee landowner although the tenant could be designated as the authorized agent (Item 2). If the signature is not the applicant’s, the person signing should indicate in what capacity they are acting (e.g., president of a corporation, trust officer, etc.). For partnerships, each partner must sign.

Use the space under Item 13 to clarify any of the information on the application form or to provide any additional relevant information supporting the application. Additional sheets may be attached as necessary. Remarks provided should be referenced by the appropriate item number.

If the cistern has been sealed according to NRCS standards or an alternative design that prevents surface water inflow, indicate this under "Remarks" as well as the date this was completed.

Completed application forms, with appropriate attachments, should be forwarded to the following address:

Iowa Department of Natural Resources
Environmental Protection Division, ATTN: ADW Permits
Wallace State Office Building, East 9th and Grand
Des Moines, IA 50319-0034

Application forms will be checked for completeness upon receipt and incomplete forms will be returned with a request for the needed information. If an application form is complete, the applications will be reviewed in the order received.

If you have questions on the application form or the IDNR’s ADW program, contact Mike Anderson at 515-281-6599.