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Traill County WRD approves 155‑acre subsurface tile permit for Mueller farm with conditions
Summary
The Traill County Water Resource District approved Subsurface Water Management Permit No. 2026‑01 for Paul and David Mueller to install a 155‑acre drain tile system in Eldorado Township, subject to six conditions including pump siting, erosion protection, and flood‑period shutdowns.
The Traill County Water Resource District on June 2 approved Application to Install a Subsurface Water Management System No. 2026‑01 filed May 20, 2026, by Paul Mueller and David Mueller for a 155‑acre drain tile system in the Southeast Quarter of Section 9 in Eldorado Township.
Manager Jason Lovas moved to approve the application and Manager Andy Neset seconded; upon roll‑call vote the motion carried unanimously. The project will connect via pipeline to a pump that will discharge into Mergenthal Drain No. 5, a legal assessment drain owned and operated by the District. Because the outlet is to a legal assessment drain, the Board noted no downstream notices are required under N.D. Cent. Code § 61‑32‑03.1.
The permit was authorized subject to six conditions. Among them: "Permittees will re‑establish any areas disturbed installing or maintaining Permittees’ tile system," "Permittees will set and install any pump outlet at least 25 feet from the top of the back slope of Mergenthal Drain No. 5, with a pipe buried from the pump to Drain No. 5," and "Permittees will turn off any pump outlets and otherwise close all outlets during ‘critical flood periods,’ as determined by the Traill County Water Resource District." The Board also required that the Permittees not install the tile within 20 feet of any rural water lines owned by East Central Regional Water District and that they apply for an amendment before altering outlets or increasing capacity.
The Board recommended, for the Permittees’ protection, that the Muellers obtain written consent from the Eldorado Township Board of Township Supervisors and an easement for the pipeline and outlet on the Northeast Quarter of Section 16. Secretary‑Treasurer Jessica Spaeth was authorized to sign the permit and the Board will provide copies of the Notice of Decision and the permit to the Department of Water Resources, Eldorado Township, the adjacent landowners Norman and Marlene Oie, and East Central Regional Water District.
