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<br />would otherwise be received in taxes if such land was <br />not removed from the tax base is not diminished. <br /> <br />3. The state engineer and the commissioner shall jointly <br />determine whether the number of replacement wetland <br />acres comply with the replacement requirements of <br />sections 61-32-01 through 61-32-11. The area of a <br />wetland must be jointly determined by the normal water <br />level. It is not necessary to replace wetlands <br />proposed to be drained with restored wetlands of the <br />same type of classification. <br /> <br />4. Any person who proposes to drain a wetland for which a <br />permit is required shall pay ten percent of the cost of <br />acquisition, easement, lease, and construction of <br />replacement wetlands. The other ninety percent must be <br />paid by either federal, state, or private interests, or <br />any combination thereof. Any person may pay more than <br />ten percent if that person desires. The cost of <br />acquisition for replacement acres must be determined by <br />average costs of wetland acres placed in the wetlands <br />bank, as prescribed by the state engineer and the <br />commissioner. Federal, state, and private wildlife and <br />water entities shall cooperate and work together to <br />locate, make contacts with landowners, do appraisals, <br />and perform other tasks necessary for lease, purchase, <br />or other acquisition to meet the replacement <br />requirements of sections 61-32-01 and 61-32-11. <br /> <br />5. In order to satisfy the replacement of wetlands <br />requirement, manmade wetlands with material wildlife <br />val ues, or any portion thereof, as determined by the <br />state engineer and the commissioner, are eligible along <br />with restoration of drained natural wetlands to comply <br />with the replacement of wetlands requirement. <br /> <br />6. The replacement of wetlands requirement for each <br />drainage proposal or project must be accomplished with <br />approximately fifty percent of the replacement wetlands <br />being located in the county or contiguous counties in <br />which the proposed drainage is located, and with the <br />other approximately fifty percent of replacement <br />wetlands being located anywhere in this state. If the <br />state engineer and the commissioner jointly find that <br />replacement wetland acres are not available in the <br />county or contiguous counties where the proposed <br />drainage is located, replacement wetlands may be <br />obtained anywhere in the same biotic area. <br /> <br />7. Any purchase, easement, lease, or other acquisition <br />under sections 61-32-01 through 61-32-11 may not <br />obstruct the natural or existing flow of water of any <br />natural watercourse or artificial channel to the <br />detriment of any upstream or downstream landowner. <br /> <br />-6- <br />