Minnesota Drainage Policy Overview

International Legislators Forum

ROBERT L. SIPENVIRONMENTAL POLICY SPECIALIST

MINNESOTA DEPARTMENT OF AGRICULTURE

FRIDAY, JUNE 27, 2014

Discussion Topics Brief Overview of Drainage Authorities

Drainage Rules

Old Systems vs. New Systems

Drainage Partners in Minnesota

Reasons for Tiling Activity

Farmer Risks and Tools

What is Minnesota Doing?

Neighboring States

Organized Watershed Districts in Minnesota

Source – Red River Basin Commission Inventory Team Report on Drainage, 2000.

Streams and Ditches in Minnesota. Source – BWSR Public Drainage Ditch Buffer Study, 2006.

Despite Being “Well Plumbed” There are Many Drainage Opportunities and Challenges in Minnesota

Agency Local Regs. State Regs. Federal Regs.

Local Government:

Townships Ordinances MS 160.20

Counties Ordinances MS 103E, MS 160.20

Watershed Districts WD Rules MS 103E, 103D.335

State Agencies:

BWSR WCA (MN Rules 8420, MS 103G)

DNR Public Waters (MN Rules 6115, MS 103G)

MN DOT (State Hwy ROWs) MS 160.20, MS 161.28

MPCA Ditches – StormwaterNPDES/SDS Construction Stormwater General Permit

Federal Agencies:

Army Corps of Engineers/EPA Clean Water Act

USDA (FSA, NRCS) Food Security Act

Drainage Regulations

Field Level

1 Rod Buffer(MS 103E) or

50 Foot Shoreland Buffer MN Rules 6120

DNR Public

Waters or ACOE Jurisdiction

Wetland

WCA, Swampbusterand/or ACOE Jurusdiction

Road ROW:Township, County or

State

Jurisdictional Example

Wild Rice Watershed District Website

Tile Pump Status: ON

Example Permit Conditions:Wild Rice Watershed District

Permit #x-x-xx-x in August 2013 to install subsurface drain tile with the following recommendations and conditions:

1. Recommendation that the applicant contact and coordinate with the NRCS/SWCD/FSA offices to ensure approval/clearance regarding any potential wetland issues (and with the USFWS for installation of tile on any parcel that is under easement from the USFWS).

2. Recommendation that the applicant obtain approval from the necessary road authorities (Township, county, state,…) for any work in the road R/W and the drainage authorities (county) for outlets into legal ditches not under the WRWD jurisdiction.

3. Approved with the condition that the applicant is responsible for adequate erosion control measures at the outlet of the tile system. This should include the installation of riprap or other protection measures at pump outlets. It will remain the responsibility of the applicant to maintain this protection as long as the tile is in place and operating.

4. Approved with the condition that all gravity outlets be installed above (however not more than 2-feet above) the elevation of the original design gradeline of the receiving ditch or channel.

5. Pumped Outlets Only – Approved with the condition that the pump (s) not be operated during freezing conditions and during times of downstream flooding and that pumps and associated pipes will not be installed above ground and will not block vehicle traffic on the ROW of ditch systems. Also all disturbed areas in the ditch ROW’s will be restored and reseeded to preexisting conditions.

6. Pump stations or other tile control structures, shall not be placed within the R/W of existing legal ditch systems or within a distance determined as follows (6 times the depth of the ditch (measured from top of spoilbank elevation to bottom of ditch from the field side bottom of the ditch), whichever is greater, unless otherwise approved in writing by the WRWD. For example, if the vertical depth measured from top of spoilbank elevation to bottom of ditch is 8-ft, the pump station shall not be located within 48-ft from the field side bottom of the ditch, or within the existing R/W, whichever is greater.

Regional Groups Workingon Drainage Issues

Red River Watershed Management Board◦ Organized in 1976.◦ Technical Advisory Committee

(RRV Tiling Guidance)◦ Technical and Scientific

Advisory Committee (15 technical papers since 1998).

Red River Retention Authority◦ Officially organized in 2010 -

MOU with all partners in 2012.

◦ Created a Basin Technical and Scientific Advisory Committee (BTSAC) to Study Drainage Issues.

Advances in Ditch System Management

Current Era:◦ Mapping Technology (GIS, LIDAR,

GPS, Advanced Survey Equipment, etc.)

◦ Digital Cameras, tile line cameras, Iphones, web-based systems, etc.

◦ Modern equipment and contractors.

◦ Consultants, engineers and hydrologists.

◦ Specialized staff at the local level.

◦ More financial resources available (LSOHC, CWF, RIM, WRP, etc.)

• The Past:– Past Practice (SCS/SWCD

Would Assist Landowners in Designing Surface Ditches in NW MN).

Advancements in Tiling

Older Systems:

Installed by hand labor.

Concrete or clay construction.

Maintenance issues difficult to address.

Limited or no design guidance or training available.

Few drainage BMPs utilized.

New Pattern Tile Systems• Installed with modern equipment with GPS.

• Plastic construction and utilize socks.

• Design guidelines exist through the University of Minnesota.

• Training and informational meetings on tile system design are now available and offered to farmers and tile contractors/ installers.

• Technical assistance and incentive payments are available via BWSR and NRCS.

• Control structures, pumps, bioreactors, saturated buffers and other BMPs can now be components of modern systems.

• Research efforts.Photograph Courtesy of Chris Hay, SDSU

Drainage Partners in MN Drainage Work Group and Interagency Drainage Management Team

MN Viewers Association

CCAs and Technical Service Providers (USDA – NRCS)

Farmers and Landowners

MN Land Improvement Contractors Association

Permitting Entities (Local, State and Federal Agencies)

The Private Sector◦ Tile Manufacturing Companies◦ Drainage System Designers/Installers

Drainage Maintenance

Both Public and Private Systems◦ Surface Ditches◦ Tile

Photograph Courtesy of Dan Wilkens Sand Hill River Watershed District

Surface Ditch Clean-out on aPublic Ditch System in NW Mn

Pressure to Produce MoreIncreased Commodity Prices

Growing Global Population

Changes in Income Levels

Global Demand for Ag Products

Market Pressures and Activity

Increased Crop Production – CRP and Marginal Ag Lands

Enhancing Land Productivity

Drainage, Tiling, Precision Ag, GMOs, Etc.

Why Do Farmers Tile?

Maintain Soil Health – Reduce Soil Compaction, Promote Deep Root Development.

Earlier spring tillage and planting/seeding dates (when conditions allow).

Management of excessive soil water during the growing season.

Timely fall harvest and fall tillage operations (when un-tiled fields are too wet to harvest or to till).

Soil salinity issues.

Increased yields = increased profits.

Farmer Risks

Climate Change and Weather◦ Hail◦ Excess Rain◦ Drought◦ Frost◦ Wind Erosion

Invasive Species◦ Plants and Weeds◦ Insects and Other Organisms

Tools for Managing for WaterQuality and Reducing Risks

Federal Crop Insurance

Development and Implementation of Conservation Plans (State and Federal Assistance)

Implementing Best Management Practices (Buffer Strips, Crop Residue, Cover Crops, Etc.)

GMOs, Precision Ag, Technology, Science, Etc.

MN Agricultural Water Quality Certification Program

MDA Ag BMP Loan Program

Ecosystem Services Trading (The Future or a Future Component?)

Drainage Water Management

Irrigation and Sub-irrigation (Subject to Permits)

What is MN Doing? • NRCS Incentive Payments and Technical

Assistance

• BWSR - State of MN Incentive Payments and Technical Assistance

• MDA Ag BMP Loan Program

• Redetermination of Benefits

• Study and Research

• CWF Drainage Projects

Two Stage Ditch

Why Don’t We Have More DWM Plans and Practices in MN?

Practices are still new:◦ Need more information.◦ Let’s see the neighbor’s bioreactor

or control structure first.

Need more long-term data:◦ Maintenance issues.◦ Operational issues.

Another thing to maintain or drive around in the field.

Lengthy government process to obtain funding and technical assistance.

Not enough outreach?

CWF Drainage Projects

LCC Website

MDA Projects◦Clay County Site◦Martin County

Bioreactor◦Hwy 90 Demonstration

Site◦Discovery Farms

Clay County Site

The Clay County site is designed to evaluate the environmental impact of both surface and subsurface drainage from agricultural fields. This site includes six subsurface plots and one surface runoff plot, each approximately 24 acres in size.

Water Samples are tested for: Total suspended solids, total phosphorous, dissolved phosphorous, nitrate and nitrite-nitrogen.

MN Legislative Bills – 2014 Session

HF 2571 – SF 2221 (DWG Consensus Recs)◦ Signed by Governor on April 11, 2014

Session Law Chapter 164

HF 2322 – SF 2838 (Tile Exemption)

HF 2311 – SF 2185 (Co Comm as Drainage Inspectors and Debris Removal)◦ Signed by Governor on May 21, 2014

Session Law Chapter 289, Sections 50 and 54

Neighboring States

North Dakota Drainage Rules

◦ Requires permits for tiling and drainage projects over 80 acres (Article 89-02-01).

◦ If an application does not involve drainage of statewide significance, approval by the Water Resource District Board constitutes a permit to drain.

◦ If an application does involve drainage of statewide significance, approval by both the Water Resource District Board and the State Engineer must be given to constitute a permit to drain.

South Dakota Drainage Rules

Currently, SD is in the midst of determining how to address drainage in primarily Eastern SD.

The South Dakota Watershed Advisory Task Force was created in 2012 to address drainage regulatory issues.

Currently working on the following legislative concepts as of July 2013:◦ Mandatory mediation of disputes.◦ Standardized disclosure of new projects.◦ Identification of water management

assets.◦ Funding of best practices research.◦ Water management districts.

Iowa Drainage Rules

Iowa drainage rules have been in existence since about 1890 (Drainage Statute, Chapter 468).

Iowa Drainage Manual – 2005.

Iowa Drainage District Association Formed in 1990.

Wisconsin Drainage Rules

Drainage laws date back to 1891.

Chapter 88, Wisconsin Statutes.

Approximately 10 percent of the drains are organized under Chapter 88 as drainage districts that are governed by county drainage boards.

Department of Agriculture, Trade, and Consumer Protection regulates the drainage district program.

County drainage board handbook (updated 2007).

There are 176 active drainage districts in WI. Of the 72 counties in WI, 31 of them contain one or more drainage districts.

Strategies and Key Concepts

Work With Agricultural and Drainage Stakeholders

Agricultural Water Management at any Level is Complex

There are no Silver Bullets to Address all Drainage Issues

A Multi-purpose Approach is Needed to Address Agricultural Water Management Issues

◦ Local Drainage Management Plans and Policies