1. It is unlawful for any person, firm, corporation or association owning or having charge of any livestock to herd, graze, pasture, keep, maintain or drive the same upon, over or across any lands lying within an area that has been identified by the board of county commissioners in the county in which the area is situated as unsuitable for such uses in order to protect any surface intake, intakes, water boxes or surface reservoirs into which water is diverted for use for municipal, drinking or domestic purposes in the state. A determination by the board of county commissioners that an area is unsuitable must be based upon scientific evidence and must be adopted by ordinance after consultation with affected persons and state agencies. The ordinance must describe the area that is determined to be unsuitable and notice of the determination and description must be posted in a conspicuous place in the area. 2. Subsection 1 must not be construed to apply to: (a) Prospectors or other persons passing over or being temporarily upon such lands with not to exceed 10 head of livestock. (b) Livestock running at large upon the range, unless by county ordinance any board of county commissioners has provided otherwise in the case of the county concerned. (c) Persons that are herding, grazing, pasturing, keeping, maintaining or driving livestock on their own lands. 3. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. 4. Each day the acts declared to be unlawful in subsection 1 are committed, done and continued constitutes separate, distinct and new offenses.
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