MINNESOTA DRAINAGE LAW MINNESOTA DRAINAGE LAW ANALYSIS AND EVALUATIONANALYSIS AND EVALUATION
Louis N. Smith
Charles B. Holtman
November 7, 2011
OverviewOverview
Project Purpose & Work PlanProject Purpose & Work Plan
Legal Analysis and Critical IssuesLegal Analysis and Critical Issues
Demonstration ScenariosDemonstration Scenarios
RecommendationsRecommendations
Project Purpose & Work PlanProject Purpose & Work Plan
Purpose:Purpose: Legal analysis of Minnesota drainage laws Legal analysis of Minnesota drainage laws Evaluate costs, benefits and environmental Evaluate costs, benefits and environmental
impacts impacts Consider alternative strategies Consider alternative strategies Serve needs of public waters and property Serve needs of public waters and property
owners alikeowners alike
Project Purpose & Work PlanProject Purpose & Work Plan
Approach: Approach: Pursue creative approaches to integrated Pursue creative approaches to integrated
water resource managementwater resource management Update drainage code procedures, standards Update drainage code procedures, standards
and funding authorities and funding authorities Include local land use planning Include local land use planning Protect property rights in drainage Protect property rights in drainage Enhance beneficial economic use of land. Enhance beneficial economic use of land.
Project Purpose & Work PlanProject Purpose & Work Plan
Work Plan:Work Plan: Legal AnalysisLegal Analysis Critical Issues IdentificationCritical Issues Identification Demonstration ScenariosDemonstration Scenarios Policy RecommendationsPolicy Recommendations
PROJECT ADVISORY COMMITTEEPROJECT ADVISORY COMMITTEE
NameName AffiliationAffiliationRay Bohn Minnesota Association of Watershed DistrictsRay Bohn Minnesota Association of Watershed DistrictsGary Botzek Minnesota Conservation FederationGary Botzek Minnesota Conservation FederationMark Dittrich Minnesota Department of AgricultureMark Dittrich Minnesota Department of AgricultureLes Everett University of Minnesota Water Resources CenterLes Everett University of Minnesota Water Resources CenterWarren Formo Minnesota Agriculture Water Resources CoalitionWarren Formo Minnesota Agriculture Water Resources CoalitionAnnalee Garletz Minnesota Association of CountiesAnnalee Garletz Minnesota Association of CountiesRon Harnack Red River Watershed Management BoardRon Harnack Red River Watershed Management BoardAl Kean Minnesota Board of Water and Soil ResourcesAl Kean Minnesota Board of Water and Soil ResourcesRick Moore MSU-Mankato Water Resources CenterRick Moore MSU-Mankato Water Resources CenterLance Ness Minnesota Fish & Wildlife Legislative AllianceLance Ness Minnesota Fish & Wildlife Legislative AllianceRon Ringquist Minnesota Viewers AssociationRon Ringquist Minnesota Viewers AssociationDoug Thomas Comfort Lake Forest Lake Watershed DistrictDoug Thomas Comfort Lake Forest Lake Watershed DistrictHenry Van Offelen Minnesota Center for Environmental AdvocacyHenry Van Offelen Minnesota Center for Environmental Advocacy
Legal Analysis and Critical IssuesLegal Analysis and Critical Issues
Legal AnalysisLegal Analysis Working with an 1883 framework Working with an 1883 framework 100+ years of water laws – gaps, conflicts100+ years of water laws – gaps, conflicts Limited options to reconcile various goalsLimited options to reconcile various goals Evolving interest in creative, integrated Evolving interest in creative, integrated
approachesapproaches
Legal Analysis and Critical IssuesLegal Analysis and Critical Issues
Critical Issues:Critical Issues: Conservation drainageConservation drainage Sub-watershed planningSub-watershed planning Updating “benefits” and “damages”Updating “benefits” and “damages” Anticipating TMDLsAnticipating TMDLs Rational regulation Rational regulation
Demonstration ScenariosDemonstration Scenarios
A: Drainage Repair Project in Red River ValleyA: Drainage Repair Project in Red River Valley
B: Drainage Improvement Project in Minnesota B: Drainage Improvement Project in Minnesota
River Valley River Valley
C: Developing Watershed in Metro C: Developing Watershed in Metro
PerspectivesPerspectives
Scenario B: Rural Agricultural Scenario B: Rural Agricultural Drainage System and TMDLDrainage System and TMDL
““Commissioner Strong’s General Principles”Commissioner Strong’s General Principles”
1.1. Green Meadows County’s economy depends Green Meadows County’s economy depends on agriculture.on agriculture.
2.2. We need to fix the pollution problem for Old We need to fix the pollution problem for Old Corncob River and Meadow Lake.Corncob River and Meadow Lake.
3.3. We need a plan for the drainage system and We need a plan for the drainage system and the watershed.the watershed.
4.4. Find a way to spread the costs fairly.Find a way to spread the costs fairly.
5.5. Don’t confine yourselves to existing law.Don’t confine yourselves to existing law.
The New Plan: Combining Conservation The New Plan: Combining Conservation and Drainage Improvementsand Drainage Improvements
Funding ConceptsFunding Concepts1.1. Benefited landowners assessed for drainage repair Benefited landowners assessed for drainage repair
and improvement as appropriateand improvement as appropriate2.2. Landowners also contribute, say 10%, to Landowners also contribute, say 10%, to
conservation measuresconservation measures3.3. City stormwater utility to cover city stormwater City stormwater utility to cover city stormwater
detention basindetention basin4.4. County “stormwater utility” (requires legislation) to County “stormwater utility” (requires legislation) to
assess based on phosphorus contribution from assess based on phosphorus contribution from predominant land use types or est. volume of runoffpredominant land use types or est. volume of runoff
5.5. Create incentives, or credits for reducing volume of Create incentives, or credits for reducing volume of runoff.runoff.
The New Plan: Combining Conservation The New Plan: Combining Conservation and Drainage Improvementsand Drainage Improvements
Project ElementProject Element Est. CostEst. Cost Funding SourcesFunding Sources
Drainage repairs Drainage repairs 575,000575,000 Drainage SystemDrainage System
Drainage improvements Drainage improvements 210,00210,00 Drainage SystemDrainage System
Upper watershed storage basins Upper watershed storage basins 250,000250,000 City SWU/County/DSCity SWU/County/DS
Two stage ditch sections Two stage ditch sections 40,00040,000 County SWU/DSCounty SWU/DS
In-channel sediment storage In-channel sediment storage 30,00030,000 County SWU/DSCounty SWU/DS
Native grass buffers - open ditch Native grass buffers - open ditch 30,00030,000 County SWU/DSCounty SWU/DS
Road crossing improvements Road crossing improvements 190,000190,000 Road authoritiesRoad authorities
TOTAL TOTAL $1,325,000 $1,325,000
RecommendationsRecommendations
Drainage and Watershed ManagementDrainage and Watershed Management
Drainage and Wetlands ManagementDrainage and Wetlands Management
Recommended ActionsRecommended Actions
Options to ConsiderOptions to Consider
RecommendationsRecommendations
1.1. Provide drainage authorities with more tools and Provide drainage authorities with more tools and
resources for watershed-based planning.resources for watershed-based planning.
2.2. Provide drainage authorities with more tools and Provide drainage authorities with more tools and
resources to implement projects with integrated resources to implement projects with integrated
drainage, flood control, conservation, and water drainage, flood control, conservation, and water
quality benefits. quality benefits.
2.2. Better integrate effects on wetlands and water Better integrate effects on wetlands and water
quality into drainage authority decisions about quality into drainage authority decisions about
drainage system work. drainage system work.
4.4. Provide drainage authorities with more clarity in Provide drainage authorities with more clarity in
legal authority to address drainage system legal authority to address drainage system
alignment, grade, cross section, and hydraulic alignment, grade, cross section, and hydraulic
capacity of bridges and culverts for multipurpose capacity of bridges and culverts for multipurpose
design of drainage system establishment, design of drainage system establishment,
improvement, or repair.improvement, or repair.
Extend the authority to establish a locally based Extend the authority to establish a locally based
wetland regulatory framework under a CWPMP wetland regulatory framework under a CWPMP
to public water wetlands.to public water wetlands.
Create replacement alternatives within a CWPMP Create replacement alternatives within a CWPMP for a landowner causing wetland impact who may for a landowner causing wetland impact who may not have a high-valued replacement option on site.not have a high-valued replacement option on site.
7.7. Coordinate USACE Section 404 jurisdiction withCoordinate USACE Section 404 jurisdiction with
a watershed-based CWPMP or other a watershed-based CWPMP or other
implementing framework.implementing framework.
8.8. Integrate MnDOT right-of-way, local road Integrate MnDOT right-of-way, local road
authority activities, and other state-managed authority activities, and other state-managed
lands within a CWPMP framework.lands within a CWPMP framework.
Foster reliability of CWPMP outcomes through Foster reliability of CWPMP outcomes through
coordination of local land use authority (LUA) coordination of local land use authority (LUA)
and wetland regulatory authority. and wetland regulatory authority.
Where from here?Where from here?
BWSR - Drainage Work GroupBWSR - Drainage Work Group U of M Water Resources ConferenceU of M Water Resources Conference Environmental Initiative Policy ForumEnvironmental Initiative Policy Forum MAWDMAWD MASWCDMASWCD LCCMRLCCMR
Questions?Questions?
[email protected]@smithpartners.com
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