96-1226 Alan A. Kral, Respondent, vs. Ralph Boesch, Appellant. Presiding Judge, Crippen, Judge, and Harten, Judge. The reasonable use doctrine applies to disputes involving drainage of surface water into adjoining landowner's drain tile system. A landowner is entitled to damages for crop loss due to flooding caused by an adjoining landowner's obstruction of a drain tile system.
Prescriptive easements are inapplicable to the natural drainage of surface water.
Boesch moved for amended findings of fact and conclusions of law. Boesch appealed the judgment and Kral noticed review challenging the district court's determination that he was not entitled to a prescriptive easement. Facts Respondent Kral and appellant Boesch own neighboring tracts of Brown County farmland. During the spring of 1993, problems developed with drain tile located on the Kral property and connected to drain tile running across the Boesch property. The problems arose when LaRay Kral, respondent's father, created a channel to drain surface water from the Kral property to a tile intake bordering the parties' properties.