The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-12-11
FLOOD DANGER
STILL EXISTS.
ISDECLARED
Contentious of North Dakota
Attorneys Made in Mime
sofa Flood, Drainage Case
IN COURTS FOR YEARS

The decision of the Supreme Court
of the United States, in holding ad-
versely to North Dakota's claim for
damages from the state of Minnesota
because of the flooding of lands
near Paramount, Richland county,
leaves the matter also without a
remedy, according to the contentious
made by M. II. Boutell, North Dako-
ta's attorney, before the supreme
court of the United States. In his
brief in the case he asserted that
"the physical conditions disclose
that if the artificial system of ditch
es constructed by Minnesota is con-
tinued to be maintained, periodic
occurrences of the respass on the
domain Of North Dakota with the
consequent loss and destruction of
property is inevitable"
The claim for damages Of Sl0,-
100000 was because. of the overflow
of about 10000 acres of land during
1915 and 1916. There has been no
recurrence of large extent since
1916. The case which was finally de-
cided by the high court has been in
the courts for many years.
With view Of relieving made
quate drainage facilities for delta
zone near the southern boundary of
North Dakota, the state of Minnesota
gridironed the system with local
bitches, the system functioning
through main canal or ditch known
as the Mustinka state ditch. The
first ditch, about seven miles long
substituted for the tortuous channel
OF the Mustinka river clear, well
defined channel of greater carrying
capacity. The result of this, accord
ing to the contentious of North Da-
kota, was to transfer the surface wa.
tcrs from the easterly to the west
erly area of the delta zone, toward
the North Dakota borders An extern.
sion was constructed totLake Ira
verse.
The substitution of this system
North Dakota commended, destroyed
the effect of the delta zone as ma
tural OBTAINING basin. In conse
quence, the flow of waters of tn,
watershed was accelerated and tn,
volume discharged in Lake Traverse
practically doubled. This resulted
in surcharging the lake, causing it:
overflow az. ~ ;nundation Of tn,
whole Bots de Sioux Valley, it wa.
contended.
During the early summer of 1917
when the valley lands were covered
with standing crops and after tn
grain was headed out, the water
commenced to rise. The flood in
creased until it's crest was reached
the latter part of July of that year
approximately 10000 acres in Nortl
Dakota were overlooked. The crop
were totally destroyed. The inun
dation continued throughout tn
summer and fall during which Their
was, some recession Of the waters. Il
the spring-of 1916 the lands wer
again flooded, the inundation ex
ceeding that of the previous yea,
The recession, late in the fall, lief
the lands covered with deposit o
mad and silt and overgrown wit
rushes and aquatic grasses, it wa
alleged, rendering them unfit 70
cropping in 1917.
The state Of North Dakota con
tended the flooding was due to tn
artificial drainage system construct
ed ''by Minnesota, and constituted
trespass by Minnesota upon the do
main of North Dakota.
The contention of Minnesota wa
that neither the main ditch construc
tion nor the elaborate system o
laterals effected any appreciate
change in the flood conditions in tn
area Or contributed to the NOR
rapid discharge of water and that tn
floods of 1915 and 1916. were ae
counted for by natural phenomena
including what was claimed to be a
abnormal precipitation.