1998.11.02 RESO 1998-0036 - Laserfiche WebLink

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i t STATE OF MINNESOTA RICE CREEK WATERSHED DISTRICT COUNTIES OF ANOKA, HENNEPIN, RAMSEY AND WASHINGTON In the Matter of the PETITION FOR Washington County OBSTRUCTION HEARING Judicial Ditch Number 2 WHEREAS, the State of Minnesota, District Court, County of Washington duly ordered establishment of Judicial Ditch 2; WHEREAS, the Rice Creek Watershed District petitioned the District Court of Washington County, Minnesota, to take-over Judicial Ditch 2 with the' duty to repair and maintain that ditch, WHEREAS, based upon the petition, the District Court ordered that the Board of Managers of the Rice Creek Watershed District take over Judicial Ditch 2 together with the right to repair, maintain and improve it. WHEREAS, the Board of Managers of the Rice Creek Watershed District permitted the County of Washington to cross Judicial Ditch 2 and install roadway culverts approximately three feet higher than the profile of Judicial Ditch 2 as planned and originally constructed; WHEREAS, the Board of Managers of the Rice Creek Watershed permitted the Forest Lake Township to reconstruct a roadway crossing of Judicial Ditch 2 and install culverts approximately four feet higher than the profile of Judicial Ditch 2 as planned and originally constructed; WHEREAS, installation of the culverts for these public improvements obstructed and substantially lessened the hydraulic capacity and efficiency of Judicial Ditch 2 as planned and originally constructed; WHEREAS, the Chief Engineer employed by the Board of Managers of the Rice Creek Watershed District investigated and gave notice of these obstructions; WHEREAS, every owner of land damaged or assessed has a property right in the maintenance of Judicial Ditch 2 in substantially the same condition as originally constructed and such a property right cannot be divested or -damaged without due process of law;