The department may request landowners or operators allow access for monitoring of ground water and of soils at a depth where pesticides may threaten ground water. If the department is denied access by the landowner or operator, the department may apply to any court of competent jurisdiction for authorization to obtain access. The court, upon the application and compliance with chapter 29 -29.1, may issue the authorization for the purposes requested. After consultation with the landowner or operator, the department shall conduct the monitoring in a manner that causes the least possible economic impact or hindrance to the landowner's or operator's operations. The names and addresses of landowners and operators who participate in a pesticide ground water monitoring program are exempt under section 44 -04-18 and section 6 of article XI of the Constitution of North Dakota. This section does not apply to ground water monitoring from wells that were installed or required to be installed by a state agency.
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