A. General (Section 3VI) A. General (Section 3VI)

A. General

This section highlights the differences between four types of proceedings that constitute a drainage project.

As discussed in Section III of this chapter, there are four types of proceedings that constitute a drainage project in Chapter 103E: Establishments, Improvements, Improvements of an Outlet, and Laterals. They are summarized below along with other types of drainage work that require the appointment of an engineer. The proceedings for these types of projects are discussed in greater detail in Chapter 2):

1. New System Establishment (See Minn. Stat. 103E.212)

This type of project involves the establishment of a public drainage system where none had previously existed along with its associated benefited area. The establishment may or may not include a construction project. An establishment proceeding requires both 1) the documenting of the starting point, the general course, and the terminus of the proposed system; and 2) acquisition of required right-of-way adequate to accommodate the channel, ditch, or tile (existing or to be constructed) and the grass strip. In addition, viewers are appointed to determine the benefited area for the new system (Minn. Stat. § 103E.265 & Minn. Stat. § 103E.305).

2. Improvement (See Minn. Stat. 103E.215)

Improvement projects involve the reconstruction or significant alteration of an established public drainage system having a benefited area on record. Improvement means tiling, enlarging, extending, straightening, or deepening of the established and previously constructed system. Improvement also means replacing an established public open ditch with a tile, or an established public tile with an open ditch. An existing drainage system may only be extended downstream via an improvement proceeding to a more adequate outlet, and then only for one mile. Extensions in an upstream direction from the existing system constitute a Lateral and will be discussed later.

Generally, an Improvement project provides for the upgrading and enhancement of the existing system's hydraulic capacity and drainage ability. Viewers are appointed in order to revise the benefitted area and the amount of benefits per acre.

3. Improvement of Outlet (See Minn. Stat. 103E.221)

This proceeding can be used when an overflow of an existing drainage system or watercourse is caused by construction (or proposed construction) of a tributary drainage system (either public or private). It involves a reconstruction of the overflowed drainage system or constructing diversion channels which will relieve the injured parties. Property benefited in this proceeding is identified and documented by appointed viewers (who may need the assistance of an engineer).

4. Laterals (See Minn. Stat. 103E.225)

A Lateral is any drainage project that creates a branch or extension of an established public drainage system. It often provides a connection or outlet for property already assessed benefits by the existing system. If the property is not currently being assessed benefits to the existing system, then authority has to be obtained to use the existing system as an outlet, in accordance with Minn. Stat. § 103E.401. An outlet fee or some other type of compensation is usually assessed to the proposed Lateral. (Minn. Stat. § 103E.401, Subd.4).

5. Impounding, Rerouting, and Diverting Drainage System Waters (See Minn. Stat. 103E.227)

Although its objective is not drainage, this type of proceeding is mentioned here because it has the potential to impact an established public drainage system. The purpose of this proceeding is to conserve and make beneficial use of water within a given drainage system. However, unlike a drainage project the petition can be brought forward by outside agencies, organizations, and individuals as well as the drainage authority or benefited landowners. It corresponds to criteria number five of the environmental and land use considerations found in Minn. Stat. § 103E.015. The impoundment, rerouting or diverting of drainage waters generally alters the normal functioning of the drainage system on which it is constructed and, therefore, the petitioners for this type of proceeding must obtain flowage easements or other rights-of-way from owners of land to be affected. However, the statutory recognition for this type of alternative function on a drainage system opens the door to some innovative projects. The inclusion of a water conservation facility within a public drainage project can lead to many alternative solutions to drainage problems.