Water Project and Drainage Law in Minnesota, 3rd Edition
Water Project and Drainage Law in Minnesota, 3rd Edition
By Jerry Von Korff
Table of Contents
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CHAPTER ONE Government Water Project Regulators Board of Water and Soil Resources (BWSR); Soil and Water Conservation Districts; Water Management Organizations; Watershed Districts; Drainage Authorities; Department of Natural Resources Division of Waters; United States Army Corps of Engineers
CHAPTER TWO Project Examples Sauk River Watershed District Weed Harvester; Rice Creek Watershed District Drainage Ditch Repair and Comprehensive Wetland Management Plan; Blue Earth County Ditch No. 36 Improvement Project; Agassiz Flood Control Project
CHAPTER THREE Law on Drainage Projects The Drainage Code; About Ditches; Establishing a Drainage System: Summary of the Proceedings; The Petition; The Bond; Dismissing the Petition; From Petition Through the Preliminary Hearing; Engineer’s Investigation
CHAPTER FOUR Preparing for the Final Hearing The Engineer’s Detailed Survey and Report; Viewers and the Viewers’ Findings; The Viewers’ Work; Riparian Rights Background; Constitutional Limits on Assessment of Benefits or Other Charges
CHAPTER FIVE Final Hearing Noticing the Final Hearing; Conduct of the Final Hearing; Exhaustion and Preservation of Issues for Appeal; Matters to be Considered
CHAPTER SIX Funding the Ditch Funding the Ditch
CHAPTER SEVEN Construction Contract and Bond Drafting the Contract; Limitations on Change Orders; Tiling; Letting the Contract; Contract Completion Hearing and Final Payment
CHAPTER EIGHT Ditch Disbursements and Payment of Damages Payment of Preliminary Expenses by the County Board; Payment of Damages
CHAPTER NINE Repairs Introduction; Evolution in Repair Definition; Routine Repairs; Landowner Rights to Repair; Repair by Petition; Cost-Benefit Issue; New Bridges and New Culverts; Resloping or Other Changes During Repair; New Lands; New Drainage Practices; Redetermination of Benefits ; Inclusion of New Land; Easements; Cost of Repairs and Assessments; Repairs and Environmental Regulation; WCA and the Hentges Decision
CHAPTER TEN Improvements and Laterals Improvements; Petitions for Improvement; Benefits of Improvement; Separable Maintenance Allocation; Improvement of an Outlet; Construction of Laterals or Lateral Systems; Installation of Dams or Other Control Works; Abandonment
CHAPTER ELEVEN Appeals Introduction; Establishment Appeals: Initiating the Appeal; Procedure and Standard of Review; Benefits and Damages Appeals: Initiating the Appeal; Procedure and Standard of Review; The Cost-Benefit Test Again; Aggrieved Party; Appeal Right as Exclusive Remedy; Appeals from Final Drainage Orders; Environmental Issues Belong in the Establishment Appeal
CHAPTER TWELVE Watershed District Projects Introduction: The Watershed Act of 1955; Watershed District Powers; Governance; The Eminent Domain Power Under Chapter 103D; Making Sense of the Project Provisions of Chapter; Gateway to Project Proceeding Section 103D.701; Roadmap for Petitioned Projects Section 103D.705 171; Roadmap for Manager Initiated Projects Section 103D.601; Making Sense of Chapter 103D’s Governmental Project Provisions by Looking at Chapter 112; Project Repairs; Appellate Procedure and Review; Preserving Issues in Watershed District Cases
CHAPTER THIRTEEN Other Laws Impacting Drainage and Water Projects Minnesota Environmental Rights Act (MERA); Minnesota Environmental Protection Agency (MEPA); Clean Water Act; Wetland Conservation Act; Swampbuster; Public Waters Permit; National Pollutant discharge Elimination System (NPDES)
INDEXES
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