4.__Compliance extension. The Department of Environmental Protection, upon recommendation of the board, may grant an extension beyond the original 5 years to an agricultural producer who qualifies for the 5-year compliance date under subsection 2 and has a strategy for compliance with the rules authorized by Title 38, section 470-H if:

A.__The agricultural producer requesting the extension has an agricultural water use management plan consistent with the board's model developed under section 352, subsection 3;

B.__The agricultural water use management plan identifies water storage options for the agricultural producer and alternative water sources;

C.__The agricultural producer has applied for funding and permits as needed;

D.__The agricultural producer has implemented all feasible water use reduction options that are consistent with the agricultural water use management plan;

E.__The agricultural producer has complied with water withdrawal limits established in an existing permit or voluntary agreement; and

F.__Unforeseen or exceptional circumstances, such as weather events, delays in federal permitting or federal cost-share funding, have prevented implementation of the agricultural water use management plan.

5.__Enforcement.__The board shall examine water withdrawals for agricultural uses that result in a violation of flow rates or water levels, consider any unforeseen or exceptional circumstances of the agricultural producers, withdrawing water from the water bodies and make recommendations to the Department of Environmental Protection regarding compliance. Nothing in the responsibilities or actions of the board limits the enforcement or compliance authority of the Department of Environmental Protection under Title 38.

6.__Biennial report.__The board shall submit a report on the sustainable agricultural water source program to the joint standing committee of the Legislature having jurisdiction over agricultural matters and the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 30th of odd-numbered years beginning January 30, 2007.