§ 2-1-101 — Prohibition against center pivot irrigation discharge on interstate

(a) It is unlawful for a person, sole proprietorship, partnership, or corporation that engages in irrigation of any farm or agricultural lands to intentionally permit or cause any center pivot irrigation water to be discharged onto the traveled portion of any interstate or state highway. (b) (1) A first violation of this section shall cause a warning to be issued. (2) Upon conviction of a second or subsequent offense, the offender shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (c) It is an affirmative defense to prosecution under this section that the discharge of center pivot irrigation waters onto an interstate or state highway resulted from winds of such intensity that no mechanical device that is intended to prevent spray from reaching the roadway could have prevented the spraying or that the discharge resulted from excessive rainfall that contributed to flooding of the roadway.

Legislative History

Acts 2001, No. 1753, § 1; 2005, No. 1994, § 2.