Traill County WRD approves 148.1‑acre tile permit in Morgan Township with conditions

The Traill County Water Resource District on Sept. 15 approved Subsurface Water Management Permit No. 2026‑04, allowing applicant Kent Krogstad to install a 148.1‑acre subsurface tile system in the SE¼ of Section 4 and the NE¼ of Section 9 in Morgan Township. Manager Jason Lovas moved to approve the application; Manager Gary Thompson seconded and the motion carried unanimously.

The board recorded that the project will include a pipeline under 17th Street NE and a single gravity outlet that discharges into local road ditches and downstream channels. The permit was approved subject to five written conditions: re‑establish disturbed areas after installation; install and maintain erosion protection at the outlet within the township right of way; the permittee must remove silt, vegetation or repair scour only up to one mile downstream and only upon substantial evidence that the tile directly caused the damage (per N.D. Cent. Code § 61‑32‑03.1); avoid installing tile within 20 feet of rural water lines under existing easements; and apply for an amendment before changing outlet locations or adding capacity.

Board counsel and staff emphasized a statutory limitation: under § 61‑32‑03.1 the board cannot attach additional conditions beyond those authorized by statute, so the board recommended—separately—that Krogstad obtain written consent from Morgan Township supervisors and secure any other federal, state or local approvals before construction begins. The board will provide the Notice of Decision, the permit and the downstream flow map to the Department of Water Resources, Morgan Township, Traill County Highway Department, landowner Matthew Mohr and East Central Regional Water District. The permittee's detailed design map was designated an exempt record and will not be distributed.