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North Dakota Century Code Title 61. Waters § 61-31-05. Duties of commissioner

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In return for the agreement of the landowner, the commissioner shall:

1. Make an annual payment to the landowner for the period of the agreement at the rate determined by the commissioner to be fair and reasonable in consideration of the obligations undertaken by the landowner.  If the landowner and commissioner agree, all or part of the payments to the landowner may be issued at the onset of the agreement.

2. Provide advice on conservation and development practices on the wetlands and adjacent areas, and to bear such part of the average cost of establishing and maintaining such practices, as the commissioner determines to be appropriate.

3. Increase the rate of annual payments by an amount determined by the commissioner to be appropriate, if the landowner agrees to permit, without other compensation, access to such acreage by the general public subject to applicable state law.

4. Agree that during a drought emergency up to one hundred percent of the grass cover that is part of a waterbank contract may be released to the landowner for haying or grazing, if the portion not released remains in a solid block, and if grazed is protected by an adequate fence, including a temporary electric fence that has been approved by the commissioner.  The release date must be determined by the commissioner with the approval of the director of the game and fish department.  The landowner may hay or graze released land at a per acre [.40 hectare] rate, established by the commissioner, which must be deducted from the next waterbank payment.  If haying or grazing privileges are awarded to any person other than the landowner, the commissioner shall collect for the hay harvested and the landowner is entitled to receive that person's full waterbank payment.

5. The commissioner shall assemble a state assessment team that may assist the commissioner in fulfilling the objectives of the program.  The state assessment team may make recommendations to the commissioner regarding applications, and develop management guidelines to be approved by the commissioner which include technical and management practices and rates of payment and a standardized priority system for evaluating applications.  Applications for the program may be submitted to any representatives of the state assessment team or their agencies to be reviewed and submitted to the commissioner.

Cite this article: - North Dakota Century Code Title 61. Waters § 61-31-05. Duties of commissioner - last updated January 01, 2020 |

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