However by doing that the Township would be agreeing to pay whatever the cost of the easement turns out to be. Attorney Galler advised that another option to the easements is available that would work over part of the area. Minnesota has developed a State of Water Law which addresses how you deal with drainage across respective parcels of property. Minnesota uses The Reasonable Use Doctrine which has several tests that must be met. You must have a legitimate purpose for why your are diverting water, and you have to be acting in good faith.
Reasonable care is taken to avoid unnecessary injury to downstream property.
The benefit to the land drained reasonably outweighs the harm suffered by the land receiving the water. The plan tends to reasonably improve and aid the normal and natural drainage system according to its reasonable carrying capacity. This basically means that when the project comes through Mr. Johnson's property a pipe will be required, as well as an easement. Where the water starts moving by gravity, and until it gets to the pond the Reasonable Use Doctrine could be used to avoid an easement. It would most likely take much legal work to deal with this doctrine.