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Committee recommends 'do not pass' on bill addressing drain tiling for 80 acres or less

2175407 · January 30, 2025
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Summary

The Agriculture and Veterans Affairs Committee voted to recommend 'do not pass' on Senate Bill 2283, a proposal addressing drain tiling and overland drainage issues on 80-acre parcels.

The Agriculture and Veterans Affairs Committee on the motion "do not pass" voted to recommend against advancing Senate Bill 2283, a measure prompted by testimony about drain tiling and overland flooding associated with parcels of 80 acres or less.

Committee members opened the item by recalling testimony earlier in the day about drain tile reportedly contributing to local flooding problems. Several senators said most problems stem from overland drainage and communication failures, and they emphasized responsibility of local water boards and installers to follow the law. "You can't just drain your water onto somebody else ... without consequences," one committee member said during discussion.

Senator Weston argued that the existing statutory framework and notification requirements give water boards a role in resolving disputes and suggested the law allows the board to scale or reject proposals it considers excessive. Other members said the practical challenge is enforcement rather than lacking statute: "I think the water board ... should be going out there and ... if it's putting in something that's a monster that's gonna cause more of a problem, they can still weigh in," a senator said.

The committee heard concerns from members whose districts have experienced conflicts among adjoining landowners, and several senators urged better communication among neighbors and stricter installer responsibility. One speaker urged outreach to installers; committee members said they expected local actors to address problems in the near term.

Motion and vote: A motion for "do not pass" on Senate Bill 2283 was moved (mover not specified on the record), seconded by Senator Weber, and carried on a committee roll call. The clerk recorded the following votes: Senator Marsolais — No; Senator Weston — Yes; Senator Weber — Yes; Senator Lewick — Yes; Vice Chair Bridal — Yes; Senator Lam — Aye. The motion thus carried in committee.

Nut graf: Lawmakers said the existing notification process to water boards (a requirement passed last session, per committee discussion) and local enforcement are the more appropriate paths to address installation problems than a new statutory limitation, but several senators urged follow-up to ensure boards and installers act responsibly.

Ending: With the committee recommendation to not pass, the bill will not move forward from this committee unless reintroduced or reconsidered under different terms. Committee members encouraged constituents who testified to pursue remedies through local water boards or the courts as appropriate.