|
Post by benmnwi on May 29, 2019 20:19:21 GMT -6
The farmer renting the tillable on my wi property called tonight and said a neighbor is causing my land to flood. The neighbor owns about 300 acres across the highway upstream of my land. His land is flooding and he brought out a giant pump with an 8" hose to pump water 1/2 mile across his field into the ditch on his side of the highway that divides our properties. This runs through a culvert under the road and is flooding 10 acres of my field.
Since he technically is just pumping water from one side of his land to the other is this illegal?
I told my farmer to take pictures in the morning and I'll place some calls tonight to try to get him to stop pumping and find out what if anything can be done legally.
|
|
|
Post by MoBuckChaser on May 29, 2019 20:21:39 GMT -6
Not if it is effecting your land. Call the county commish now!
|
|
|
Post by benmnwi on May 29, 2019 20:23:00 GMT -6
Thanks for the quick reply. I'll start making calls.
|
|
|
Post by MoBuckChaser on May 29, 2019 20:29:22 GMT -6
Thanks for the quick reply. I'll start making calls. Have your attorney send him a letter that he is flooding your land with his pumping water and you request a copy of his homeowners policy before you file a lawsuit.
|
|
|
Post by benmnwi on May 29, 2019 20:49:29 GMT -6
The farmer renting my land will get his attorney involved.
I talked to the neighbor and he said he noticed today at midday his pumping was overflowing the ditch on my land, backing up and flooding my field. According to my farmer he was still pumping water at 6 tonight, after he knew it was flooding my field.
The farmer renting my land just planted that field, so I'm assuming it will be drowned out. He was pretty pissed.
|
|
|
Post by benmnwi on May 30, 2019 13:01:14 GMT -6
The neighbor seems to be implying my beaver dam several hundred yards downstream is impeding the water flow and that his pumping actions upstream are not solely the cause. It pisses me off that he walked past my no trespassing signs this morning to take a picture of my beaver dam and asked that they be trapped out. Looks like I'll be taking a quick up and back trip shortly.
|
|
|
Post by batman on May 30, 2019 13:26:01 GMT -6
The neighbor seems to be implying my beaver dam several hundred yards downstream is impeding the water flow and that his pumping actions upstream are not solely the cause. It pisses me off that he walked past my no trespassing signs this morning to take a picture of my beaver dam and asked that they be trapped out. Looks like I'll be taking a quick up and back trip shortly. Is he right? If you blow the dam can you rent your land or do you want to shoot a duck?
|
|
|
Post by benmnwi on May 30, 2019 13:45:23 GMT -6
I can keep the beaver dam and rent out all of my tillable acres without any issues. The beavers just flooded a seasonal wetland area that it about 5' in elevation below the adjacent upland woods and fields. Everything should be fine assuming the beavers didn't go overboard and turn last week's dam that was 1' tall and 30 feet long into a 4' tall dam that's 250 feet long. This is the area I had the USFWS design a duck dam that was eventually declined by the DNR. They gave me all the elevation maps with the proposed water height and I don't think there was any way a dam could reach the point that is currently flooded unless the water came from under the road where the neighbor was pumping.
I'm going off second hand info from my farmer and the neighboring farmer, so it's entirely there are other parts of the story I have not been told.
|
|
|
Post by Bwoods11 on May 30, 2019 14:12:28 GMT -6
You cannot flood another property with mechanical tool or equipment. Had that happen in Pope County/MN, cost one farm 7 acres of fairly good dirt during the high corn years, and he was compensated if I can recall.
|
|
|
Post by benmnwi on May 30, 2019 14:35:31 GMT -6
The guy at the DNR said pumping water likely isn't legal, so hopefully that will give him some incentive to settle things with my farmer. I'd just like this to resolve itself with my beaver pond intact, my rental income coming in and my cabin not burned to the ground.
|
|
|
Post by benmnwi on May 31, 2019 11:12:48 GMT -6
I talked to a water specialist at the WI DNR today and he said what the neighbor did was cut and dried illegal. He even gave me the WI supreme court case that covers this stuff. He needs a permit to pump any water and a discharge plan needs to be followed. Any damage caused by altering the natural water flow, whether intentional or unintentional is the responsibility of the person who diverted the flow.
The neighbor wants to meet me when we get up there, so I'll check out the damage first hand first and then see what he has to say. Perhaps he looked into the rules a little more and realized he is in the wrong. Based on my prior experiences up there though that is wishful thinking.
|
|