An owner of property may apply to the District for a permit to close or fence an easement, to pipe a drain, to fill a drain, relocate a lateral, to have the District release a drain or canal easement, or other matter of a similar nature.

Each application must be signed and filed with the District’s Engineering Department and should include a brief description of what is requested including the location and distance of the easement that is affected, the reasons for the request, what effect the request would have on District operations; what effect the request would have on other landowner/water users; and such other information that the District deems necessary.

Upon filing of such application, a hearing to consider the application will be scheduled for a regular Board meeting no sooner that 45 days after such filing. The District shall then notify all affected water users/landowners by mail indicating the nature of the request and the date and time of the hearing. Such notice shall be mailed no later than 10 days preceding the date of hearing. At the same time, copies of all pertinent data available shall be provided to each member of the District’s O&M Committee.

Applicants for release of drains or subsurface piping of drains (tile drains) must obtain a Natural Resources Conservation Service (NRCS) study regarding the impacts of the proposed release of easement or subsurface drain and submit such report to the District prior to the hearing on the application. (09/08/98)

A fee, as approved by the Board of Directors in Section H, shall accompany all applications. If a release of easement is approved, an additional fee, as approved by the Board of Directors in Section H, for review and preparation of the required documents will be assessed. (5/7/97)

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District easements should not be encroached upon except by permit issued in accordance with District policies. A permit shall not be issued if the request would unreasonably interfere with the District's primary use of the easement. If a permit is issued which allows a structure to cross a District easement, then it shall be the responsibility of the permittee to maintain the easement a distance of twenty-five feet (25') each side of the structure. In the event a fence is located across a District easement, the same shall apply. (07/07/00)

If a fence is located and permitted to be placed parallel to and within the District’s easements, then it shall be the responsibility of the permittee to maintain the easement a distance of at least five feet (5’) on each side of the fence for fire protection. In the event an encroachment upon a District easement other than as permitted above creates a hazard for fire, then the District shall notify such individual of the encroachment and allow the individual to either agree to maintain the easement a distance sufficient to prevent a fire hazard or to remove the encroachment so the District can maintain the easement without the danger or hazard of fire.

In the event that electric power poles or other utility structures are permitted to be placed upon or within a District easement, the utility shall be responsible for maintaining a clear area around such structure of at least five feet (5’) for fire protection.

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If the District accepts responsibility for maintenance of any portion of a canal or lateral, the canal or lateral must conform to District standards and guidelines and the portion of the canal or lateral accepted must be contiguous or adjacent to an existing District maintained canal or lateral.

Staff shall schedule maintenance within District easements. If access is not available, the landowner or lessee will be notified in writing a minimum of thirty (30) days in advance of the work.

All fences or obstacles that are not removed by the landowner/lessee prior to the time for maintenance will be removed by the District. Replacement of any fence shall be at the expense of the property owner, after first obtaining a permit from the District. Permit fees will be required for fences first installed after August 1, 1995. It would be in the property owner’s best interest to construct any fence off the District’s easement. The District shall replace any cross fences that have been removed for cleaning. (12/7/98)

If a problem develops, that area’s Director shall be notified. If the problem cannot be resolved, the matter will be referred to the Board of Directors. (5/7/97)

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It will be the policy of the District to cut and remove any trees that cause access or maintenance problems within District easements. Removal will be totally at the expense and discretion of the District. Method of removal will also be at the discretion of the District.

Only District employees are authorized to cut trees on District and/or custodial lands under its control.

It shall be recognized that there will be interest in the trees as a fuel source, and therefore it must be the District’s policy to give the landowner the opportunity to accept or reject this resource. If the landowner accepts this resource, he must then accept the total responsibility of cleanup to District standards and within the District’s time frame. If the landowner rejects the trees, it will be the responsibility of the District to remove the trees by the most economical means possible.

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District to remove any unauthorized structures and obstructions in District facilities and on District easements (i.e., diving boards, etc.). Public to be made aware of the dangers involved such as diving into District canals, etc.