Posted by andy r on December 10, 2013 at 16:50:04 from (75.91.149.15):
I have a 20 acre sloping crop field which is bowl shaped that drains across a fence onto another landowners field north of me to a creek. All of the water has to pass through about 100 feet of fence while it flows north. Since all 20 acres passes through this 100 foot gap it would make sense that it would cut a ditch on their side. Probably years ago there actually was a ditch on their side, but they filled in the ditch and straightened the creek years ago (45 yrs. ?) where everything flows to (DNR/EPA almost made them put it back). I no-till everything on my side, but when you get 3, 4, 5 inch rains it has to go somewhere and since it funnels through this 100 foot gap a gully can form on their side which they annually leveled up. Of course there is no waterway and they want to farm everything. This spring before planting they came in and built a few hundred foot diversion to catch the water and move it west rather than across the field. Initially I thought they were just dumping it on the west side of their field and it eventually flowed to the creek. I walked the diversion today and found they are actually dumping the water back onto my land rather than letting it flow to the creek on their land. I own the land on the west side of their field also. This whole problem is in the southwest corner of their field. The diversion leads it right back onto my land. Currrently where they are dumping the water is permanent pasture which I rent to someone, so I didn't have a clue until today. Not only did they push up a diversion, but actually did a cut along the fence which has compromised several good wooden fence posts and good woven wire fence. I have livestock on my side. I KNOW FOR A FACT that 1) down slope land owners must take the up slope owners water. Sure, down slope owners can manage it, but, 2) they can not divert it onto someone elses land. They key word here is divert. When this water flowed naturally it went across their land. I was looking for ideas before I confronted the renters and owners of that land. I say renters as they sort of manage it. I don't care if the diversion stays (they have that right), but it just needs to drain to the creek on their side. If they would construct a ditch on their side how far away from the line fence should I make them stay. Right now they seem to want to dig ditches at the bases of the fence posts. What are my rights? What would you do? If I get no resolve can't I go to the NRCS for mediation and/or opinion? Neither the renter or owner live close by. Thanks for your comments guys. I really appreciate it.
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