1. Drain application request - Laserfiche WebLink

State of North Dakota Office of the State Engineer 900 EAST BOULEVARD AVE. . BISMARCK, ND 58505-0850 701-328-2750 . FAX 701-328-3696 . http://swc.nd.gov JUN 2 0 2008 :llt:j June 18, 2008 Raymond Wolfer, Chairman Rush River Water Resource District 1201 West Main West Fargo, ND 58078-1301 Dear Chairman Wolfer: I have completed a preliminary review of Application to Drain #3261, submitted by David Gulland West Fargo, ND, for the construction ofa tile drainage system on cropland. The drain is located in the SW1f4, Section 24, Township 141 North, Range 53 West, Empire Township. Our county atlas indicates Duane Gulland owns the SW1f4 Section 24. The District should establish ownership and if Mr. David Gulland is not the legal owner require him to provide a permission document from the legal owner(s) to do the project. The pipe layout drawing indicates a proposed outlet at the southeast comer of the quarter section. Water will discharge into a section line road ditch and appears to flow east to a drainway (tributary of the Rush River) which heads north-northeast across the eastern quarters of Section 24 crossing into NW1f4NW1f4, Section 19 and discharging into the Rush River. This tributary flows across land owned by at least two other individuals. Before proceeding with the permit I recommend the District require the following be addressed by the applicant: 1) For any work of the tile system performed outside of the boundary of the Gulland property, an easement or written permission from the impacted landowner be obtained. This includes the section1ine road authority (county and township) for any work done within the roads right of way. 2) Because indications are the discharge water will be saline or mineral laden, f! flowage easement. which includes language permitting the saline or mineral laden water. be obtained from the downstream landowners. which includes the road authority. The easement should be required for at least one and a half miles to the Rush River. The District should retain a copy of the easements and/or permission document(s) and a copy sent to this office. This project has been determined to be not of either statewide or interdistrict significance. Therefore, it is the responsibility of the Rush River Water Resource District to review this application to drain, pursuant to North Dakota Century Code ~61-32-03. In evaluating this application, the Board should follow the procedure described in the North Dakota Administrative Code (NDAC) ~89-02-01-09.1, the second portion of which describes the procedure to be followed when processing a drainage application determined not to be of either statewide or interdistrict