Document Citation: N.D. Admin. Code 7-08-01-10

Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 7. AGRICULTURE COMMISSIONER
ARTICLE 8. WATERBANK PROGRAM
CHAPTER 1. IMPLEMENTATION OF THE NORTH DAKOTA STATE WATERBANK PROGRAM

Date:
08/31/2009

Document:

7-08-01-10. Drought emergency.

If the governor or the United States department of agriculture declares a drought emergency, the grass cover on lands included in the program may be released to a qualified participant for haying or grazing with the authorization of and under the terms prescribed by the commissioner as provided in subsection 4 of North Dakota Century Code section 61-31-05.

1. A written request to open program lands for haying or grazing must be submitted to the commissioner by the participant.

2. The release date must be determined by the commissioner of agriculture with the approval of the state game and fish director. Under no circumstances shall emergency haying or grazing be allowed prior to July fifth.

3. Notice of approval of the request to hay or graze a waterbank tract and the conditions to do so must be mailed to the participant.

4. Conditions shall include, but are not limited to, the following: date on which entry can be made on the land and date by which all hay, machinery, or livestock must be removed from the tract; the amount and date by which, or how payment is to be submitted to the commissioner's office; the date on which the tract will be open to haying or grazing, or both. The payment for hay or grass may be deducted from the next waterbank payment, provided it is not the last year of the contract period.