45-483

45-483. Designation of protected farmland;
notice; revocation of designation; irrigation water duty; assured
water supply credit for extinguishment of irrigation grandfathered
right prohibited

A. A person who owns land within an active management area that is legally entitled
to be irrigated with groundwater pursuant to an irrigation grandfathered right may apply
to the director for designation of the land as protected farmland. On receipt of an
application, the director shall grant the application and designate the land identified
in the application as protected farmland if the director determines that the land is
subject to an agricultural easement established pursuant to title 3, chapter 18, article
1, or a conservation easement that prohibits the development of the land for
nonagricultural uses pursuant to the federal farmland protection program established by
Public Law 104-127; 110 Stat. 888.

B. A person who owns land that has been designated by the director as protected
farmland pursuant to subsection A of this section shall notify the director in writing if
the agricultural or conservation easement in the land terminates. The notice shall be
given within thirty days after the termination of the easement and shall specify the
reason for the termination.

C. After the director designates land as protected farmland pursuant to subsection
A of this section, the director shall revoke the designation if either of the following
apply:

1. The agricultural or conservation easement in the land has terminated. If the
director revokes a designation of protected farmland under this paragraph, the director
shall determine at that time whether the agricultural or conservation easement terminated
because a partial or full condemnation of the land made farming impracticable. The
director shall give written notice of the revocation and of the director's determination
of whether the easement terminated because a partial or full condemnation of the land
made farming impracticable to the owner at the owner's last address on file with the
department.

2. The owner of the land has requested the director to revoke the designation and
the agricultural or conservation easement in the land has not terminated.

D. Notwithstanding any other law, if the director designates land as protected
farmland pursuant to subsection A of this section, the irrigation water duty for the land
shall be the irrigation water duty in effect for the land under the applicable management
plan when the application for designation was filed, including any subsequent adjustments
to that water duty as a result of an application for administrative review filed with the
director pursuant to section 45-575, subsection A. If the director revokes the
designation of protected farmland pursuant to subsection C of this section, the
irrigation water duty for the land shall be the irrigation water duty established for the
land in the applicable management plan pursuant to section 45-566, 45-567 or 45-568.

E. Notwithstanding any other law or rule, the director shall not establish or grant
an assured water supply credit for the extinguishment of an irrigation grandfathered
right under the rules adopted by the director pursuant to section 45-576, subsection H if
the land to which the irrigation grandfathered right is appurtenant was previously
designated by the director as protected farmland pursuant to subsection A of this
section. This subsection shall not apply to land that was designated by the director as
protected farmland if the director revoked the designation pursuant to subsection C,
paragraph 1 of this section and the director determined at that time that the
agricultural or conservation easement in the land was terminated because a partial or
full condemnation of the land made farming impracticable.

F. Section 45-114, subsections A and B govern administrative proceedings, rehearing
or review and judicial review of final decisions of the director under this section.