The stay on transfers was ended by a vote of the LLNRD Board of Directors, during their meeting on December 19, 2013. Landowners must now follow a process established by the Natural Resources Conservation Service (NRCS) to determine if land is highly erodible.

This criteria should help to diminish soil erosion issues with regard to farming on slopes and hillsides.

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The first step for a landowner seeking a transfer of irrigated acres is the Highly Erodible Land (HEL) determination from NRCS. If the land is found to be highly erodible, a conservation plan must be written for the parcel, establishing what conservation practices must be put in place for compliance. Once the plan is established, the landowner must remain in compliance or face the possibility of loss of irrigation.

Once completed, copies of the HEL determination and the conservation plan must be submitted to the NRD. A title search must be completed on both the parcel of land receiving the irrigated acres and the one from which the acres come. A $300 fee for the transfer must be submitted.

Parcels of land upon which a lien has been placed will require approval of the action by the lien holder. The landowners must also sign an agreement approving the transfer, the land parcels must be recertified for the current irrigated acres, and any conservation plan developed will be attached to the deed for the land.

Irrigated Acre Transfer Process

  1. Submit a Request for Transfer form with the $300 fee. 
  2. Meet with NRCS and get the determination of HEL. 
  3. Provide NRD with copy of HEL determination (NRCS-CPA-026e Form) and a copy of the NRCS Conservation Plan.
  4. NRD will have a title search completed on the Receiving and Transferring legals.  Cost of title search is NOT included in the $300 fee.  It is extra and each landowner will be responsible for payment of the search done on their property.
  5. If there is a lien, the NRD will contact the lienholder to obtain consent.   The transfer will not proceed without consent. 
  6. An Agreement to Transfer Certified Irrigated Acres & Right to Use Groundwater will be drafted and sent to both landowners for review and signatures.
  7. After lienholder consent and payment for title search is received, the Agreement to Transfer Certified Irrigated Acres & Right to Use Groundwater will be signed by NRD (in addition to obtaining a copy of the  HEL determination and NRCS Conservation Plan). Also, both landowners will be sent updates Certification of Irrigated Acres forms that will become valid upon approval of the Transfer. Any Changes in acres/fields also require an updated assessor's document.
  8. All items in #7 must be returned before a Well Permit is approved.
  9. Both landowners will be sent a completed copy of the Agreement to Transfer Certified Irrigated Acres & Right to Use Groundwater.
  10. Both landowners will also be sent a form that will be sent to the Register of Deeds to reflect the transfer.  If the land in question is HEL and has to follow an NRCS Conservation Plan in order for this transfer to occur, this will be noted on the form.  The form will need to be signed and notarized by authorized person(s).

 

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