Rule 391-3-28-.08 - Payment for Irrigated Acreage ReductionThe agreement between the final seller and the Division, entered into in accordance with the above auction process, shall be upon such terms and conditions as the Division may deem necessary. The agreement shall provide for payment of the agreed upon sum within 30 days of the date of execution of the agreement by the parties. Failure of a final seller to comply with all terms of the agreement for the duration thereof shall be deemed a violation of such agreement and this article and shall be subject to enforcement by the Director as provided in this article.
(1) The permit holder or their representative submitting offers must be eligible for participation in the irrigated acreage reduction auction as evidenced by their holding a valid auction certificate for each permit which is offered in the auction.(2) Once the permittee has obtained an auction certificate, the total amount of money due the holder in instances where they are a Final Seller shall be determined by multiplying the accepted offer price-per-acre times the number of acres covered by the certificate, which is the certified number of irrigated acres allowed by a permit, or the portion of certificate acres that the permittee has agreed to not irrigate as defined in 391-3-28-.07(d)(1).(3) For any final accepted offer, the Director shall then inform the Authority that money in that amount shall be debited from the Flint River Drought Protection Fund and disbursed to that designated final seller.(4) Cumulative offers from final sellers may only be accepted by the Division up to, but not exceeding, the total amount of money remaining in the drought protection fund.Ga. Comp. R. & Regs. R. 391-3-28-.08
O.C.G.A. Sec. 12-5-540et seq.
Original Rule entitled "Irrigated Acreage Reduction Auction" adopted. F. Jan. 20, 2006; eff. Feb. 9, 2006.Repealed: New Rule entitled "Payments for Irrigated Acreage Reductions" adopted. F. June 23, 2006; eff. July 13, 2006.