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Dorsey & Whitney LLP
Des Moines, United States

Founded in 1912
1,390 people in their team
English
worldwide advantageYOUR BUSINESS REQUIRES AN ADVANTAGE, AN EDGE, TO SUCCEED IN A HIGHLY COMPETITIVE WORLD.Dorsey’s lawyers and staff can help you gain that edge by applying superb legal knowledge and skills with practical wisdom and a deep understanding of your business and industry.We serve...
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About Water Law in Des Moines, United States

Water Law in Des Moines, United States, refers to the body of law that governs the allocation, use, and management of water resources. This includes both surface water, such as rivers, lakes, and streams, and groundwater found below the earth’s surface. Given Des Moines' location along the Des Moines River and its dependence on water for both residential and agricultural needs, Water Law plays a crucial role in regulating water rights, ensuring safe drinking water, protecting water quality, and resolving disputes between different users. The framework includes federal, state, and local regulations designed to balance the needs of individuals, businesses, municipalities, and the environment.

Why You May Need a Lawyer

There are several common situations where hiring a lawyer with experience in Water Law may be necessary in Des Moines:

  • Disputes over water rights between property owners or agricultural users
  • Regulatory compliance for businesses in relation to water usage, wastewater, or stormwater management
  • Permitting issues involving wells, irrigation, or water withdrawals
  • Contamination of water sources affecting property values or public health
  • Challenges to government decisions regarding allocation or restriction of water resources
  • Property development near rivers, streams, or wetlands requiring special permits or assessments
  • Environmental issues, such as enforcing the Clean Water Act or local water quality standards
  • Responding to drought conditions and emergency water usage restrictions

Having a lawyer can help ensure your interests are protected, that you comply with all applicable laws, and that any disputes are professionally managed.

Local Laws Overview

Des Moines is subject to a combination of federal, state, and municipal laws regarding water. Key aspects include:

  • Riparian Rights: Iowa generally follows the doctrine of reasonable use for riparian (adjacent to water) landowners, allowing them to make reasonable use of water as long as it does not significantly harm other users.
  • Permitting: The City of Des Moines, the Iowa Department of Natural Resources (DNR), and the U.S. Army Corps of Engineers oversee permits for water withdrawals, wastewater discharge, and development near waterways.
  • Water Quality Standards: State and local agencies set and enforce standards for potable water, recreational waters, and stormwater pollution, including compliance with the federal Clean Water Act.
  • Floodplain Management: Special regulations govern construction and land use in floodplain areas to protect property and water quality.
  • Conservation Regulations: Local ordinances address water conservation, restrictions during drought, and incentives for reducing water usage.

Violations of these laws can result in significant fines, mandatory remediation, or even criminal charges in serious cases.

Frequently Asked Questions

What is a water right, and do I have one in Des Moines?

A water right is a legal right to use water from a specific source, such as a river, stream, or groundwater, for a defined purpose. In Iowa, most property owners have the right to make reasonable use of water if their property is adjacent to the source, but some uses may require permits or be subject to restrictions.

Do I need a permit to drill a well on my property?

Yes, drilling a well in Des Moines or anywhere in Iowa typically requires a permit from the Iowa Department of Natural Resources. The process ensures that wells are constructed safely and do not harm the water supply.

Can I use water from a river or stream that borders my land?

You may be able to use water from a river or stream if your property is adjacent to the water, but your usage is subject to the reasonable use doctrine and may not harm downstream users. Large-scale withdrawals or commercial use will require additional permits.

What regulations govern stormwater runoff in Des Moines?

Stormwater runoff in Des Moines is regulated by local ordinances and state statutes. Development projects may be required to install and maintain stormwater management systems to minimize pollution and flooding.

What should I do if my drinking water is contaminated?

Contact your local water utility and the Iowa Department of Natural Resources immediately. You may also wish to consult a Water Law attorney if you believe contamination was caused by another party’s actions.

Are there any restrictions on watering my lawn during summer?

Depending on drought conditions and water supply, local ordinances may impose restrictions on outdoor water use, including lawn watering. The city will notify residents in the event of restrictions.

How is wastewater regulated for my business?

Businesses in Des Moines must comply with city and state regulations regarding the discharge of wastewater, including obtaining permits and meeting water quality standards to protect the public and local waterways.

What happens if I want to build near a wetland or floodplain?

You will need special permits and may be subject to environmental assessments. Building in these areas is strictly regulated to preserve ecosystems and minimize flood risk.

Can I sue if someone else’s actions affect my water supply?

Yes, if another party’s actions cause contamination or alter your water rights, you may be able to pursue legal action for damages or injunctive relief under state law.

How can a lawyer help with water rights issues?

A Water Law attorney can help interpret complex regulations, negotiate with governmental agencies, resolve disputes, secure necessary permits, and represent you in court if litigation becomes necessary.

Additional Resources

If you need more information or support related to Water Law in Des Moines, the following resources may be helpful:

  • Iowa Department of Natural Resources - Oversees water resource management, permitting, and environmental protection
  • City of Des Moines Public Works Department - Provides information on water supply, stormwater, and local ordinances
  • Des Moines Water Works - Local utility company responsible for city water services
  • Iowa Environmental Council - Advocacy and educational resources for water conservation and environmental policy
  • Des Moines Metropolitan Planning Organization - Offers studies and plans related to water and environmental quality

Next Steps

If you believe you need legal assistance in Water Law, start by identifying the specific issue or dispute at hand. Gather any relevant documents, correspondence, and details about the problem. Then, seek out an attorney in Des Moines with experience in Water Law. Many lawyers offer initial consultations to evaluate your case. Be prepared to discuss the details honestly and openly, and ask about potential strategies, timelines, and costs. You may also wish to contact the Iowa Department of Natural Resources or the City of Des Moines for guidance on permits or regulatory questions. Ensuring you have qualified legal representation can help you protect your property, water rights, and peace of mind.

Lawzana helps you find the best lawyers and law firms in Des Moines through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Water Law, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Des Moines, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.