E. Petitioned Repair of Drainage Systems E. Petitioned Repair of Drainage Systems

E. Petitioned Repair of Drainage Systems

A petitioned repair of a drainage system requires the appointment of an engineer to examine the system and determine the extent of the repair required.

A Petitioned Repair is any drainage system repair instigated by a petition. That petition can be generated by “an individual or an entity interested in or affected by a drainage system”. (Minn. Stat. § 103E.715) It can include “resloping ditches, incorporating multistage ditch cross-section, leveling spoil banks, installing erosion control, or removing trees” along with other repair activities.

When a drainage authority receives a Petition for Repair and determines that the drainage system needs repair, it shall appoint an engineer. In this case the engineer is required to examine the drainage system to determine the extent of the repair required including determination of the original grade or depth of the ditch (See Section B).

Recommended System Examination:

• A review of any original records on file with the drainage authority pertaining to the original or as improved dimensions of the drainage system;
  
• A ditch centerline elevation survey to establish the existing ditch profile;
  
• An estimate of the original ditch grade and profile;
  
• Documentation of known locations of slope failure; and
  
• Documentation of structures requiring repair.
  

If the engineer appointed in relation to a petitioned repair finds that bridges and/or culverts in the drainage system provide inadequate hydraulic capacity for the efficient operation of the drainage system to serve its original purpose, the engineer shall make a hydraulic capacity report to the drainage authority. The hydraulic capacity report must include plans and specifications for the recommended replacement of bridges and culverts, the necessary details to make and award a contract, and the estimated cost.” (Minn. Stat. § 103E.721)

Upon completing the survey, the engineer must make a written report to the drainage authority. Drainage Law requires that the engineer's repair report document:

• The necessary repair(s);
  
• The estimated cost of repair;
  
• All details, plans, and specifications necessary to prepare and award a contract for the repair; and
  
• In a proceeding to repair a drainage system, if the engineer determines or is made aware that property that was not assessed for benefits for construction of the drainage system has been drained into the drainage system or has otherwise benefited from the drainage system, the engineer shall submit a map with the repair report. The map must show all public and private main ditches and drains that drain into the drainage system, all property affected or otherwise benefited by the drainage system, and the names of the property owners to the extent practicable. Minn. Stat. § 103E.741, Subd. 1.
  

Following is a suggested outline for the repair report.

Repair Report Outline

• Assessment of the general condition of the drainage system and its ability to perform its original function;
  
• Location and description of required repair work along the alignment of the drainage system;
  
• Plan and profile of the ditch, including:
  

• The existing profile of the ditch bottom;
  
• The estimated original profile (grade) of ditch bottom;
• The invert elevations of all centerline structures; and
  
• Benchmark locations and elevations, measured from a single mean sea level datum.
  

• An assessment of the as-constructed or subsequently improved hydraulic capacity;
  
• An estimated cost to complete the required repairs; and
  
• A recommendation that either:
  

• The repair work should be accomplished per the Petition; or
  
• Further investigations should be authorized; or
  
• The work is beyond the scope of a repair and that an Improvement is required.
  

Although the scope of the engineer's Repair report is limited (relative to an engineer’s report required for a Drainage Project (see Section 3)), it still must contain sufficient information to be useful as a decision making tool for the drainage authority, and it must be presented at a hearing on the proceeding, as required by law (Minn. Stat. § 103E.715, Subds. 2, 3, and 4).

The content of the engineer's Repair report is, therefore, left up to the judgment of the engineer. Because of the nature of a Repair project, hydrologic and hydraulic design is not required by statute (as the original design has already been established). However, the engineer may determine that modeling or other design efforts may be necessary to meet the requirements of the DNR and/or USACOE, or determine the original drainage capacity.

Generally, there is no requirement for the engineer's Repair report to be reviewed by the commissioner of the DNR or the commissioner's staff. However, Minn. Stat. § 103E.701, Subd. 2 requires the drainage authority to notify the commissioner if the repair would affect public waters. At that point, the DNR may become involved in the proceeding if there is a dispute over the original "as constructed condition" if public waters may be affected). (See Section B)

Examples of repair reports can be found in Appendix 14.

Note: It is recommended that the engineer consider coordinating with DNR personnel early in the Repair proceeding, even if it appears unlikely DNR will become involved.