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.

§450-H.__Irrigation reduction other than through auction

1.__Order by board.__In the event that an irrigation reduction auction does not reduce the amount of acres to be withdrawn, or if drought conditions become apparent after March 1st of a given year, the board is authorized to issue an order, in accordance with rules adopted by the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.

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.

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.

§450-I.__Violations and enforcement of irrigation reduction

contracts

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.