Category: Water Law
Would Your Drain and Diversion Practices Hold Water?
The longstanding general principle with regard to drainage of surface waters is that neither the owner of the upper land nor the owner of the lower land may interfere with the natural drainage to the detriment of the other. This means, for example, that neither you nor your neighbor can divert the stream that floods … Read More
The Land of 10,000 Potholes, Part II
I advised in another post that if a farmer is unsure of whether standing water in a field is a “wetland”, then he or she should call NRCS and ask them to conduct a certified wetland designation. As one gentlemen pointed out (and with whom I agree), NRCS often errs on the side of caution … Read More
The Land of 10,000 Potholes
It’s not often that you hear North Dakota farmers complain about getting a little rain, but this year there is nothing little about the moisture in North Dakota’s fields. Along with this rain that just won’t quit, farmers are seeing a lot of new standing water on their fields. What may come as a surprise … Read More