Sergeant County lawmakers push for vote on legal drain maintenance amid flooding crisis

January 23, 2025 | Agriculture, House of Representatives, Legislative, North Dakota


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Sergeant County lawmakers push for vote on legal drain maintenance amid flooding crisis
In a meeting held on January 23, 2025, the North Dakota House Agriculture Committee convened to discuss House Bill 1280, which addresses critical issues surrounding the maintenance of Legal Drain 11. The bill, introduced by Representative Mike Brandenburg, aims to resolve ongoing disputes between Sergeant County and Ransom County regarding water management and maintenance fees.

As the meeting unfolded, Representative Brandenburg painted a vivid picture of the historical context of Legal Drain 11, a waterway that has served the region for over a century. He described how farmers originally dug the drain by hand, only to face modern challenges exacerbated by recent infrastructure changes. In 2013, the North Dakota Department of Transportation replaced smaller culverts with larger ones on Highway 13, inadvertently causing significant flooding issues in Sergeant County. This change has led to prolonged road flooding and the inundation of thousands of acres of farmland, creating a pressing need for maintenance and improvements to the drainage system.

The crux of the issue lies in the voting rights concerning maintenance fees. Currently, Ransom County, which benefits from the drainage system but does not pay maintenance fees, has the power to vote on projects affecting Legal Drain 11. This situation has led to frustration among Sergeant County residents, who argue that those who do not contribute should not have a say in the management of the drain. The proposed legislation seeks to restrict voting rights to those who pay maintenance fees, thereby ensuring that only contributing landowners can influence decisions about the drain's upkeep.

Throughout the discussion, committee members raised questions about the implications of the bill and the historical context of the drainage system. They explored the complexities of inter-county relationships and the legal ramifications of the Supreme Court ruling that requires a vote before any maintenance work can proceed. The conversation highlighted the challenges of managing shared water resources, particularly when different counties have conflicting interests.

As the meeting drew to a close, it became clear that the fate of House Bill 1280 could have far-reaching consequences for water management in North Dakota. The committee's decision will not only impact the immediate concerns of flooding and farmland preservation but also set a precedent for how similar disputes may be handled in the future. The urgency of the situation was palpable, as representatives acknowledged the need for a resolution that balances the interests of both counties while ensuring the sustainability of vital water infrastructure.

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