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Board approves 155-acre tile permit for Linneman with conditions
Summary
Traill County Water Resource District unanimously approved Subsurface Water Management Permit No. 2026-02 for Larry Linneman’s proposed 155-acre drain tile system in Buxton Township, subject to five conditions including erosion protection and downstream remediation obligations under NDCC §61-32-03.1.
The Traill County Water Resource District on June 16 approved Subsurface Water Management Permit No. 2026-02, allowing applicant Larry Linneman to install a 155-acre subsurface drain tile system in the Northwest Quarter of Section 29 in Buxton Township.
The permit was approved by unanimous roll-call vote after Manager Jason Lovas moved to approve and Manager Gary Thompson seconded. The board authorized Secretary-Treasurer Jessica Spaeth to sign the permit and attached five conditions: (1) re-establish disturbed areas after installation or maintenance; (2) install and maintain erosion protection at the pipeline outlet into Buxton Township’s road right-of-way; (3) remove silt, vegetation, or repair erosion or scour damages directly caused by the tile system up to one mile downstream of the outlet in accordance with N.D. Cent. Code § 61-32-03.1; (4) avoid installing tile within 20 feet of East Central Regional Water District rural water lines where blanket easements exist; and (5) apply for an amendment before altering outlet locations, adding outlets, or making changes that could increase capacity or drainage area.
Board staff identified affected landowners for downstream notices and record-keeping. Traill County tax data shows Charles and Bonnie Orvik own the project parcel (NW¼ of Section 29); the proposed pipeline and outlet cross property owned by Dale and Faye Helm, and the farmstead near the outlet is owned by Michael Frye. The board will provide its Notice of Decision, the signed permit, and the downstream flow map to the Department of Water Resources; Buxton Township; the Orvik, Helm, Frye, and Asheim landowners; and East Central Regional Water District.
Permit obligations tied to condition #3 will arise only after substantial evidence is submitted to the board by downstream landowners or road authorities showing direct causation from the tile system, per the statute. The board also recommended that the permittee secure Buxton Township written consent for any work in the township right-of-way and obtain an easement for the pipeline and outlet on the Northeast Quarter of Section 29.
