State Ex Rel. Minnesota Department of Natural Resources v. Kandiyohi County Ex Rel. Board of Commissioners

359 N.W.2d 266, 1984 Minn. LEXIS 1537
CourtSupreme Court of Minnesota
DecidedDecember 7, 1984
DocketC1-82-1534
StatusPublished
Cited by3 cases

This text of 359 N.W.2d 266 (State Ex Rel. Minnesota Department of Natural Resources v. Kandiyohi County Ex Rel. Board of Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Minnesota Department of Natural Resources v. Kandiyohi County Ex Rel. Board of Commissioners, 359 N.W.2d 266, 1984 Minn. LEXIS 1537 (Mich. 1984).

Opinions

YETKA, Justice.

A petition was filed for repair of drainage ditch No. 9 situated in Kandiyohi County, Minnesota. The county board authorized the repair of the drainage ditch, and the state appealed the order to the district court and also commenced injunctive proceedings under the Minnesota Environmental Rights Act. The trial court denied the injunction and affirmed the county board’s order for the repair of drainage ditch No. 9. We reverse and remand.

The land involved in this appeal is a shallow basin in Kandiyohi County lying generally east of Green Lake and south of Lake Calhoun. County Ditch No. 9 was established and constructed between 1890 and 1901. It runs east through this basin, but has never been adequate to drain it completely. As a result, the basin has always drained north towards Lake Calhoun. In about 1906, County Ditch No. 20 was built to drain Green Lake and Lake Calhoun. Ditch No. 20 runs between Lake Calhoun and the shallow basin (see the site map at Appendix I). After Ditch No. 20 was completed, the soil in the basin became dry enough to be used for pasture and growing crops.

In 1936, the State of Minnesota built two dams in Ditch No. 20. The dams were intended to restore a marshy area between Green Lake and Lake Calhoun in the furtherance of a fish propagation program. The state at that time acquired fee or easement interests in the land thought to be affected by this program. However, the dams interfered with the drainage of the shallow basin south of Ditch No. 20. This interference caused portions of the basin to be flooded in the spring and summer months. Therefore, some property owners brought proceedings for writs of mandamus directing the state to institute eminent domain proceedings for condemnation of their property. (Such proceedings are commonly referred to as “inverse condemnation” proceedings.) In Nelson v. Wilson, 239 Minn. 164, 58 N.W.2d 330 (1953), this court found that the dams had caused the flooding and ordered the state to condemn the affected land. The state began condemnation proceedings on 15 parcels. After the commissioner’s award, all proceedings were appealed to the district court. The appeals were settled before trial, the state acquiring fee simple interests in three parcels and “flowage easements” on the remaining 12. The easements acknowledge that the state had operated dams in Ditch No. 20 so as to “collect and cast flood waters upon the (grantor’s) land,” and [268]*268granted to the state the right to maintain the dams at established elevations. The three parcels that were purchased in fee simple became part of a wildlife management area.

On February 3, 1960, the landowners in this case, or their predecessors in title, petitioned the Kandiyohi County Board for repair of Ditch No. 9. The landowners wanted to drain off water that collected on their land because of the dams in Ditch No. 20. The board appointed an engineer who recommended widening the ditch, deepening it up to 1 foot below its original depth, and removing some trees. The state appeared at a hearing on this recommendation and objected on the grounds that (1) 200 acres of state land would be damaged by the proposed repair and (2) the state had acquired flowage easements over some of petitioners’ land by which those petitioners had “granted away their rights to have said property drained.”

The board ordered that repair of Ditch No. 9 proceed essentially in accordance with the engineer’s recommendation. On September 27, 1961, the state appealed the board’s decision to the district court. The court dismissed the board’s order on July 11, 1962, under three alternative holdings: (1) the proposed work was an improvement and not a repair, (2) the board failed to determine whether the widening and tree removal would require the taking of property not included when the ditch was established, and (3) the cost of repair exceeded the original benefits. There was no appeal of the district court’s decision.

In the late 1970’s, the landowners again petitioned for the repair of Ditch No. 9. The Board of County Commissioners held a hearing on the petition and appointed an engineer to prepare repair plans. The plans called for deepening the ditch approximately 1 foot below the depth of original construction. The Minnesota DNR participated in the hearing and objected to the repair. Nevertheless, the board granted the petition and ordered the ditch repaired according to the engineer’s plans.

The state petitioned the district court for review of the board’s determination pursuant to Minn.Stat. § 106.631 and sought to enjoin the repairs pursuant to the Minnesota Environmental Rights Act. The actions were apparently consolidated. At the outset of the trial, three factual issues were presented: the elevation of the ditch as originally designed, the elevation as originally constructed, and the impact on the environment resulting from the proposed repairs. Prior to trial, the court requested that engineers for both sides collect additional data in the field. As a result of this joint survey, the parties were able to agree on the original design depth, and the board’s engineer revised his proposed repair depths, raising them by as much as 0.7 feet. However, the parties could not agree on a depth “as constructed” and that issue was tried.

After the trial, the court issued its findings of fact and conclusions of law. Its findings can best be understood by reference to the site map attached as Appendix II. The relevant findings are:

1. The design depth at the “section corner” was 1155.8 (presumably measured in feet above mean sea level).
2. The constructed depth at this point was 1155.9, 0.1 foot shallower than designed.
3. The design depth at the “shallow ridge” was 1155.0.
4. The constructed depth at this point was 1155.4, 0.4 feet shallower than designed.
5. The proposed repair would reduce water levels in the area by 0.4 feet, affecting 230 acres of area wetland. Portions of the area would be changed from Type 3 wetlands to Type 2 wetlands.

The court did not make any findings of fact or conclusions of law concerning the extent of the “flowage easements.” On the basis of these findings, the court modified and affirmed the board’s repair order, permitting “repair” of Ditch No. 9 to its orginally designed depth:

[269]*269The threshold question in this appeal is whether the requested work would be an improvement or, as the trial court found, a repair of the ditch. Since we have determined that the work would be an improvement, the other issues raised in this case need not be discussed, although the state makes a strong argument that, on the basis of estoppel, prescription, or the flowage rights acquired by the state, the petition should be denied.

There are three separate proceedings applying to drainage of wetlands, all covered in Chapter 106 of Minnesota Statutes 1982. The first proceeding deals with the initial construction or establishment of a drainage ditch. The second deals with the improvement of an established ditch, and the third provides for the repair of established ditches.

The procedure for establishing a new ditch begins with the filing of a petition:

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Related

Minch v. Buffalo-Red River Watershed District
723 N.W.2d 483 (Court of Appeals of Minnesota, 2006)
Anderson v. County of Stearns
519 N.W.2d 212 (Court of Appeals of Minnesota, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
359 N.W.2d 266, 1984 Minn. LEXIS 1537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-minnesota-department-of-natural-resources-v-kandiyohi-county-minn-1984.