§ 61-31-05 — Duties of commissioner

North Dakota § 61-31-05

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-31: Waterbank Program

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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.