D. Engineer's Preliminary Survey and Preliminary Survey Report

D. Engineer’s Preliminary Survey and Preliminary Survey Report

The engineer's preliminary report must report on the proposed drainage project plan or recommend a different practical plan.⁶²⁷

First, the engineer must give sufficient details to the drainage authority to inform it on issues related to feasibility and on whether the proposed project complies with the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1 (2015).⁶²⁸ If necessary, the engineer must give sufficient information, in detail, to show changes necessary to make the proposed plan practicable and feasible including extensions, laterals, and other work.⁶²⁹ The engineer should point out specific findings that support the engineer’s conclusion on whether the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1 (2015) is met.⁶³⁰ Adverse environmental impacts should be specifically noted.⁶³¹

If the proposed project is not feasible or does not meet the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1 (2015), all other issues are moot.⁶³²

If the proposed project is feasible and does meet the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1 (2015), then the engineer shall include in the preliminary survey report a preliminary plan of the drainage project showing the proposed ditches, tile, laterals, and other improvements, the outlet of the project, the watershed of the drainage project or system, and the property likely to be affected and its known owners.⁶³³

The engineer’s preliminary survey report must also show the following:

1. The elevation of the outlet and the controlling elevations of property likely to be affected referenced to standard sea level datum, if practical;
   
2. The probable size and character of the ditches and laterals necessary to make the plan practicable and feasible;
3. The character of the outlet and whether it is sufficient;
   
4. The probable cost of the drains and improvements shown on the plan;
   
5. All other information and data necessary to disclose the practicability, necessity, and feasibility of the proposed drainage project;
   
6. Consideration of the drainage project under the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.215, subd. 1; and
   
7. Other information ordered by the drainage authority.⁶³⁴
   

When planning a drainage project or a repair under Minn. Stat. § 103E.715, and prior to making an order on the engineer’s preliminary survey report for a drainage project or the engineer’s report for a repair, the drainage authority shall investigate the potential use of external sources of funding to:

1. Facilitate the purposes indicated in Minn. Stat. § 103E.011, subd. 5; and
   
2. Alternative measures listed in Minn. Stat. § 103E.015, subd. 1(2).⁶³⁵
   

Under Minn. Stat. § 103E.011, subd. 5, a drainage authority may accept and use funds from sources other than, or in addition to, those derived from assessments based on the benefits of the drainage system for the purposes of wetland preservation or restoration or creation of water quality improvements or flood control.

The alternative measures listed in Minn. Stat. § 103E.015, subd. 1(2), include measures identified in applicable state-approved and locally adopted water management plans, to:

1. Conserve, allocate, and use drainage waters for agriculture, stream flow augmentation, or other beneficial uses;
   
2. Reduce downstream peak flows and flooding;
   
3. Provide adequate drainage system capacity;
   
4. Reduce erosion and sedimentation; and
   
5. Protect or improve water quality.
   

This investigation must include early coordination with applicable soil and water conservation districts and county and watershed district water planning authorities about potential external sources of funding and technical assistance for these purposes and alternative measures.⁶³⁶ The drainage authority may request additional information about potential funding or technical assistance for these purposes and alternative measures from the Executive Director of the Board of Water and Soil Resources.⁶³⁷

In addition to the statutory requirements mentioned above, the engineer must also prepare a list of affected properties by legal description.⁶³⁸

Upon completion, the drainage code directs the engineer to file the engineer’s preliminary survey report in duplicate with the auditor of each affected county.⁶³⁹ However, if the drainage authority for the proposed drainage project is a watershed district, the engineer’s preliminary survey report should be filed with the watershed district secretary.⁶⁴⁰ The auditor or watershed district secretary must send one copy of the preliminary survey report to the Director of the Division of Ecological and Water Resources in the Department of Natural Resources.⁶⁴¹

FOOTNOTES

⁶²⁷ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶²⁸ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶²⁹ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶³⁰ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶³¹ See Minn. Stat. § 103E.245, subd. 4 (2015).
⁶³² See Minn. Stat. § 103E.261, subd. 4(a)(1) (2015).
⁶³³ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶³⁴ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶³⁵ Minn. Stat. § 103E.015, subd. 1a (2015).
⁶³⁶ Minn. Stat. § 103E.015, subd. 1a (2015).
⁶³⁷ Minn. Stat. § 103E.015, subd. 1a (2015).
⁶³⁸ Minn. Stat. § 103E.245, subd. 4 (2015).
⁶³⁹ Minn. Stat. § 103E.251 (2015).
⁶⁴⁰ See Minn. Stat. § 103D.625, subd. 4 (2015) (requiring petitions for new drainage systems or improvements of drainage systems in a watershed district to be initiated by filing a petition with the watershed district and directing the proceedings to conform to Minn. Stat., Chapter 103E).
⁶⁴¹ Minn. Stat. § 103E.251 (2015).