Section 261-4-021 - AGREEMENT TO RETAIN IN PUBLIC USEAs a condition to acquiring or retaining for public purposes any lands acquired in whole or in part with funds from the Water Sustainability Fund, the acquiring or retaining public body shall enter into an agreement with the Department. Such agreement, which shall remain in effect and be controlling as to the public body's utilization and disposition of the property for a period not to exceed the life of the project, shall specify the following terms and conditions:
021.01. The property shall, unless otherwise approved by the Commission, be retained by the public body for the public purposes specified in the report submitted pursuant to Chapter 4 Section 019.021.02. No use shall be made of the property which is incompatible with the purposes for which it was originally acquired in whole or in part with funds from the Water Sustainability Fund without prior Commission approval.021.03. Such public body shall not utilize the property or any part thereof for income production unless such income results from activities that benefit the maintenance of the property or to serving the public purposes for which the property was acquired or retained.021.04. Any other terms or conditions which the Commission deems appropriate. A copy of such agreement shall be filed by the Department in the register of deeds office of the county in which such land or right-of-way is located.261 Neb. Admin. Code, ch. 4, § 021
Amended effective 12/27/2022