15.01.05.07

.07 Cost Sharing Agreement.

A. After a technical report of the project has been submitted to the Department by the district, the Department, with the approval of the Board of Public Works (when proceeds of State bonds are used to finance the State share), the district and the applicant shall execute an agreement. The agreement, among other things, shall obligate the applicant to:

(1) Establish, construct, or install one or more best management practices in accordance with district technical specifications;

(2) Maintain the best management practice for its expected life span;

(3) Bind any successor in title for the life of the project as specified in the agreement;

(4) Provide any required funds for the project; and

(5) Grant the Department, if it requests, a security interest in any equipment, structures, or similar items purchased with State cost sharing funds.

B. Before the Department executes a cost sharing agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and conditions of the agreement.