Water, Drainage & Ag Programs
The highly technical regulatory issues that can make or break a farming operation — handled by an attorney who actually understands the land.
These Issues Don't Make Headlines. But They Can End Your Operation.
A drainage dispute with a neighbor under Chapter 103E. A denied USDA appeal. A Swampbuster violation that kills your federal crop insurance eligibility. A new NRD regulation that limits how much groundwater you can pump in July.
These aren't dramatic courtroom cases seen on television. They are incredibly dense, hyper-technical administrative problems that surface at county board meetings, FSA offices, and local water districts. Most attorneys have never dealt with them, and don't know the first thing about fighting them.
For the farmer on the receiving end, these issues are existential. Losing your crop insurance eligibility can financially ruin an operation in a single bad year. We handle these cases because somebody has to — and because we speak the language of the agencies enforcing the rules.
science Administrative Defense
- check_circle FSA/NRCS: National Appeals Division (NAD) hearings.
- check_circle Drainage Authorities: County Commissioners and Watershed Districts.
- check_circle Water Boards: Nebraska Natural Resources Districts (NRDs).
- check_circle State Agencies: DNR and Departments of Environment/Ag.
Chapter 103E Proceedings
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Redetermination of Benefits
When viewers update the drainage roll, your assessment can skyrocket overnight. We appeal unfair viewer reports to ensure you aren't paying for drainage you don't receive.
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Improvement Petitions
Representing landowners pushing for (or fighting against) the deepening, widening, or extension of public ditch systems.
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Buffer Law Compliance
Navigating the intersection of the Minnesota Buffer Law and established public drainage right-of-ways.
Minnesota Drainage & Ditch Law
Minnesota's drainage code (Chapter 103E) is notoriously complex. It governs public ditches, drain tile outlets, watershed districts, and how millions of dollars in repair costs are assessed to local landowners.
If your farm is located in a drainage system that is undergoing a Redetermination of Benefits, you have a very short window to appeal the Viewers' Report. If you miss the deadline, the assessed value becomes permanent on your tax roll. We represent landowners in front of County Drainage Authorities to ensure their rights—and their checkbooks—are protected.
Nebraska NRD & Groundwater Law
Water is the lifeblood of Nebraska agriculture. Unlike surface water which is governed by the state, groundwater is heavily regulated by local Natural Resources Districts (NRDs). Every NRD has different rules, different allocations, and different political climates.
As groundwater models show depletion, NRDs are getting significantly stricter. We represent irrigators facing allocation cuts, well permit denials, cease and desist orders, and enforcement actions. We help farmers request variances, transfer certified irrigated acres, and defend their right to pump.
Allocations & Flow Meters
Defending against alleged over-pumping violations and flow meter tampering accusations.
Acre Transfers
Legally moving Certified Irrigated Acres from poor ground to high-yield ground within district rules.
Variances
Applying for exceptions to well-spacing rules or development moratoriums.
Enforcement
Representation before NRD boards when facing Cease and Desist orders.
USDA Appeals, FSA Denials & Swampbuster
Federal farm programs keep modern agriculture afloat. When the Farm Service Agency (FSA) or Natural Resources Conservation Service (NRCS) makes an adverse determination against your operation, you have the right to appeal—but you enter a highly specific system of federal administrative law.
Swampbuster Compliance
Cleaning out an old ditch or installing new tile can trigger a wetland violation ("Swampbusting"). If the NRCS determines you converted a wetland, you lose eligibility for USDA price supports and federal crop insurance premium subsidies. We challenge faulty Soil Map interpretations and improper wetland delineations.
The Appeals Process
You cannot take the USDA straight to court. You must exhaust administrative remedies through the County Committee, State Committee, and finally the National Appeals Division (NAD). The timeline is incredibly tight (usually 30 days), and missing a step forfeits your rights entirely. We manage the entire NAD timeline.
Services We Provide
Minnesota Drainage & Ditch Law
Representation in ditch petition proceedings, drainage authority disputes, benefit-cost assessments, viewer challenges, and buffer law compliance under Minnesota Chapter 103E.
Nebraska NRD & Water Rights
Navigating allocation limits, well permits, variance requests, certified irrigated acre transfers, and NRD enforcement actions for irrigators across Nebraska.
USDA / FSA / NRCS Appeals
Denied a CRP payment? Hit with a conservation compliance issue? We handle the paperwork, the hearings, and the advocacy through the National Appeals Division (NAD) so you can focus on farming.
Swampbuster Compliance
A swampbuster violation can make you ineligible for crop insurance and USDA benefits. We challenge improper wetland determinations and help you get back into compliance before it costs you everything.
Dealing with an Agency or Authority?
Administrative law deadlines are strict, and the "good old boys" network doesn't work when federal funding is on the line. Call us immediately to protect your rights.