Agenda - Council - 09/27/1994 - Laserfiche WebLink

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page 3 establishment of a drainage project, including a preliminary survey and a detailed survey. Minn. Stat. §103E.341 contains criteria for establishment of a proposed drainage project. The petition must be dismissed if the benefits of the proposed project are less than the total cost, including damages awarded, or it will not be of public benefit or utility, or it is not practicable after considering the environmental and land use criteria in Minn. Stat. §103E.015, Subd. 1. The drainage law was enacted for agricultural purposes. In the urbanized metropolitan area, it can be difficult and costly to proceed with drainage work. It is my understanding, for example, that Coon Creek Watershed District, after attempting to do a ditch repair, will no longer undertake this type of proceeding to accomplish a project. Watershed districts and watershed management organizations have the ability to undertake water projects under Minn. Stat. Chap. 103B. Municipalities also have the ability to undertake sewer projects. These alternatives may be less costly and more successful than proceeding under the drainage law. In some situations, landowners have done maintenance work (removal of trees, obstructions and debris) on portions of a ditch located on their property (and on a neighbor's property with permission). The county has permitted this type of ditch maintenance work to be done. Your letter referenced use of County Ditch//3 as an outlet for a city project. Minn. Stat. §103E.41 t specifies requirements applicable to the use of a drainage system as an outlet for a municipal drainage system. The municipality must petition to use the drainage system. The plan must be approved by the pollution control agency and an amount to be assessed for use of the outlet by the municipality. Please feel free to contact me at 323~5667 if you have any further questions. Sincerely, Pamela McCabe Assistant Anoka County Attorney cc: Jon Olson Ed Treska