(1) When the board or department issues a lease or
license on property upon which a lease or license of a different type already
exists, the existing lessee or licensee shall be compensated by the more recent
lessee or licensee for damages to the crops, improvements or leasehold interest
of said existing lessee or licensee. Lessees or licensees may not receive compensation
for such damages in excess of the value of actual damages to the crops,
improvements or leasehold interest of said existing licensee. Only in
exceptional cases documented to and approved by the department may the lessee
or licensee receive damages for natural resources or crops in excess of the
annual rate that the lessee or licensee is making to the department for rental
payments. If a lessee or licensee collects or attempts to collect an amount in
excess of said actual damages, such action may constitute sufficient grounds
for cancellation of the lease or license. The department may adjust the
A.U.M.'s allocated to a grazing lease or license when there is issued a lease
or license for another purpose and that other purpose interferes with the
grazing on the state lease.