(a) A landowner within a sensitive area, identified under section 103H.101, has a complete defense to liability for degradation of groundwater caused by surface water from the sensitive area recharging groundwater if:
(1) the landowner's portion of the sensitive area is subject to a plan adopted by the soil and water conservation district to protect the groundwater from degradation through surface water recharge;
(2) the projects and practices required by the plan have been implemented and have been certified as having been implemented by the soil and water conservation district;
(3) the projects and practices required by the plan are maintained according to the plan; and
(4) the landowner has not allowed unlawful practices on the property that disrupt the projects and practices required by the plan.
(b) The soil and water conservation district's plan must include appropriate best management practices and water resource protection requirements.
History: 1989 c 326 art 1 s 5
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