19-5-105.5. Agriculture water.
(1) The board shall draft any rules relating to agriculture water in cooperation with the commission. 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: be consistent with the federal Clean Water Act; and if possible, be developed in a voluntary cooperative program with the agriculture producer associations and the commission.
(3) The board's authority to regulate a discharge is subject to Subsectionrelating to an agriculture discharge. (3)(b) 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. A penalty imposed on an agriculture discharge shall be consistent with the penalty policy described in Sectionand associated rules, as determined by the director in consultation with the commission chair. 19-5-115 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.