1. (1) Each irrigation system for which a permit has been issued may be inspected once every two years.

2. (2) Prior to an inspection, the inspector shall notify a permit holder of the time and date of the inspection. The inspector shall inform the permit holder that the permit holder may be present at the inspection. If a permit holder denies access to an inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the permit holder's land is located. The court shall issue the inspection warrant upon presentation by the inspector of an affidavit stating:

   1. (a) The information that gives the inspector reasonable cause to believe that this article 11 is being violated or has been violated or the information showing that the entry and inspection is required in order to determine whether this article 11 is being complied with, as the case may be;
   2. (b) That the inspector notified the permit holder of an inspection;
   3. (c) That the inspector was denied access by the permit holder; and
   4. (d) A general description of the location of the affected land.

3. (3) Each irrigation system subject to this article 11 that has not been issued a permit pursuant to this article 11 may be inspected, without prior notice, by an inspector who has information that gives the inspector reasonable cause to believe that any provision of this article 11 is being violated. If the landowner denies access to the inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the landowner's land is located. The district court shall issue such inspection warrant upon presentation by an inspector of an affidavit stating:

   1. (a) The information that gives the inspector reasonable cause to believe that this article 11 is being violated or has been violated;
   2. (b) That the landowner has denied access to the inspector; and
   3. (c) A general description of the location of the affected land.
4. (4) Except as otherwise provided in section 35-11-113, inspectors shall be employees of the department.

Source: L. 87: Entire article RC&RE, p. 1282, § 1, effective July 1. L. 88: (1) amended, p. 1221, § 5, effective July 1. L. 2025: (2) and (3) amended, (HB 25-1084), ch. 24, p. 107, § 54, effective August 6.