Agriculture water.

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Affected by 63I-1-219 on 7/1/2029

Effective 5/12/2020
19-5-105.5. Agriculture water.
  • (1)
    • (a) The board shall draft any rules relating to agriculture water in cooperation with the commission.
    • (b) The commission shall advise the board before the board may adopt a rule relating to agriculture water.
  • (2) A program or rule adopted by the board for agriculture production or irrigation water shall:
    • (a) be consistent with the federal Clean Water Act; and
    • (b) if possible, be developed in a voluntary cooperative program with the agriculture producer associations and the commission.
  • (3)
    • (a) The board's authority to regulate a discharge is subject to Subsection (3)(b) relating to an agriculture discharge.
    • (b)
      • (i) A person responsible for an agriculture discharge shall mitigate the resulting damage in a reasonable manner, as approved by the director after consulting with the commission chair.
      • (ii) A penalty imposed on an agriculture discharge shall be consistent with the penalty policy described in Section 19-5-115 and associated rules, as determined by the director in consultation with the commission chair.
      • (iii) An agriculture producer may not be held liable for an agriculture discharge resulting from a large weather event if the agriculture producer has taken reasonable measures, as the board defines by rule, to prevent an agriculture discharge.




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