2023-05-16
Laserfiche
>
Public
>
Water Resource Districts
>
Rush River
>
Minutes
>
2023
>
2023-05-16
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/3/2023 10:29:30 AM
Creation date
7/3/2023 10:29:30 AM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
7
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Download electronic document
View images
View plain text
3 <br /> <br />Under North Dakota law, specifically N.D. Cent. Code § 61-32-03, any party who seeks <br />to construct surface drainage improvements that will drain sheetwater must first obtain a <br />surface drainage permit if the drainage will impact a watershed area of 80 acres or more. <br />Under Section 89-02-01-03 of the Administrative Code, a permit is required for <br />construction of new ditching, including deepening or widening an existing ditch or drain. <br />Sections 89-02-01-05 and 89-02-01-02(10) provide a “maintenance” exemption for <br />removal of silt and vegetation from an existing ditch; however, the Administrative Code is <br />clear that deepening or widening an existing ditch does not qualify for the maintenance <br />exemption, and does require a surface drainage permit, but only if the drainage will impact <br />a watershed area of 80 acres or more). <br /> <br />In this case, if the watershed area drained by the deepening or widening of the <br />152nd Avenue ditch was 80 acres or more, the work would have required a permit under <br />Section 61-32-03. However, in this instance, Mr. Lysne found the watershed area <br />impacted by the ditch improvements was less than 80 acres and, therefore, Mr. Baumler’s <br />improvements to the 152nd Avenue ditch did not require a surface drainage permit under <br />North Dakota law. <br /> <br />Similarly, the field ditch improvements in the NE 1/4 of Section 29 included new drainage <br />and, under Section 61-32-03, would have required a permit if the improvements drained <br />a watershed of 80 acres or more. However, in light of Mr. Lysne’s findings that the field <br />ditching does not drain a watershed of 80 acres or more, those improvements did not <br />require a surface drainage permit under North Dakota law. <br /> <br />Because neither of the drainage improvements required a surface drainage permit, under <br />Sections 61-32-03 and 61-32-07 the Board had no choice but to dismiss the Complaint <br />for Water-Related Issues regarding allegations of unpermitted drainage by Mr. Baumler. <br /> <br />In light of the lack of jurisdiction over the Complaint for Water-Related Issues, the Board <br />determined dismissal was the only option available for the Board. Manager Gust moved <br />to dismiss the Complaint for Water-Related Issues filed by Kim Bruesch due to lack of <br />jurisdiction under Sections 61-32-03 and 61-32-07. Manager Sundberg seconded the <br />motion. Upon roll call vote, the motion carried unanimously. <br /> <br />The Board directed Sean Fredricks to prepare the requisite Notice of Decision and to <br />provide the Notice to the parties of record. The Board directed Mr. Fredricks to include <br />copies of the aerial photograph and maps presented today by Mr. Lysne along with the <br />Notice of Decision. <br /> <br />Despite the Board’s lack of jurisdiction, Mr. Fredricks noted the Township has jurisdiction <br />over improvements to their road ditch, and the Township possesses enforcement <br />capabilities under N.D. Cent. Code § 24-06-26.2, 24-06-26.3, and 24-06-27. <br /> <br />2024 budget and 2023 maintenance levy assessments <br />The Board tabled discussion on the 2024 budget and 2023 maintenance levy <br />assessments until the next meeting as the Rush River Water Resource District Master
The URL can be used to link to this page
Your browser does not support the video tag.