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that action is a violation of the agreement and this article and is | | subject to a penalty as determined by the board as provided in this | | article. |
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| | | 9.__Valid use of state funds; legislative determination.__The | | expenditure of funds under this article as an incentive to | | participants not to irrigate lands is determined by the | | Legislature to be a valid use of state money to promote valid | | land use policies that result in the protection of the riverine | | environment by ensuring that such lands not be irrigated for | | specified periods of time.__The expenditure of funds under this | | article is not an acknowledgement by the State of a property | | right. |
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| | | §450-H.__Irrigation reduction other than through auction |
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| | | 1.__Order by board.__In the event that an irrigation reduction | | auction does not reduce the amount of acres to be withdrawn, or | | if drought conditions become apparent after March 1st of a given | | year, the board is authorized to issue an order, in accordance | | with rules adopted by the board, requiring certain participants | | not to irrigate a specified number of acres of irrigated land | | until the end of the calendar year. |
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| | | 2.__Determination of participants.__When issuing such orders, | | the board shall begin with the participants whose applications to | | participate in the drought abatement program were received most | | recently and then work chronologically backward with each | | application approved. |
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| | | The board shall compensate a participant who is issued an | | order pursuant to this section for that restriction.__The per | | acre dollar amount received by a participant pursuant to this | | section must be equal to the average agreed-upon sum per acre | | paid pursuant to the irrigation reduction auction during the same | | year. |
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| | | §450-I.__Violations and enforcement of irrigation reduction |
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| | | 1.__Violation.__Except as otherwise provided, whenever the | | board has reason to believe that a violation of any provision of | | this article or any rule adopted pursuant to this article has | | occurred, the board shall attempt to obtain compliance by | | conference, conciliation or persuasion, if appropriate.__If the | | board fails to obtain compliance in this manner, the board may | | order the violator to take whatever corrective action the board | | considers necessary in order to obtain the compliance within a | | period of time to be prescribed in the order. |
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