§ 23.1-11-08 — Access for ground water monitoring

The department may request landowners or operators allow access for monitoring of
ground water and of soils at a depth where pesticides may threaten ground water. If the
department is denied access by the landowner or operator, the department may apply to any
court of competent jurisdiction for authorization to obtain access. The court, upon the application
and compliance with chapter 29-29.1, may issue the authorization for the purposes requested.
After consultation with the landowner or operator, the department shall conduct the monitoring in
a manner that causes the least possible economic impact or hindrance to the landowner's or
operator's operations. The names and addresses of landowners and operators who participate

in a pesticide ground water monitoring program are exempt under section 44-04-18 and
section 6 of article XI of the Constitution of North Dakota. This section does not apply to ground
water monitoring from wells that were installed or required to be installed by a state agency.