Minnesota drainage disputes, Nebraska NRD water rights, USDA program counsel — the niche practice areas that most attorneys won’t touch.
Water law, drainage law, and federal ag program compliance are some of the most complex areas of agricultural law. Most attorneys — even most “ag law” attorneys — don’t handle these cases because they require an understanding of hydrology, USDA program mechanics, and state-specific regulatory frameworks.
Kole has direct experience working with Natural Resources Districts, drainage authorities, USDA agencies, and county soil and water conservation districts. He understands how these systems work from the field and the legal side.
From tile drainage assessments in Minnesota to groundwater allocation disputes in Nebraska, water law directly impacts your bottom line. We bring both legal expertise and practical farming knowledge to every water-related case.
Minnesota has one of the most complex drainage statutory frameworks in the country. Chapter 103E of the Minnesota Statutes governs the establishment, improvement, and maintenance of public drainage systems.
If a drainage authority proposes a new ditch or improvement that crosses your land, you have the right to object, but the process is a minefield of procedural deadlines and technical requirements.
From center-pivot allocations to well spacing disputes, water is the lifeblood of your operation. When an NRD ruling or drainage assessment threatens your bottom line, you need an attorney who understands both the law and the land.
Nebraska uses a unique correlative rights system for groundwater, managed by 23 Natural Resources Districts (NRDs). Each NRD has varying allocation levels, well moratoria, and integrated management plans.
When your NRD reduces your allocation, denies a well permit, or implements restrictions that affect your operation, you have legal options — but the windows are narrow and the administrative processes are specific.
Challenging NRD allocation reductions, seeking variances, and negotiating transfers between certified acres.
Navigating well registration, spacing requirements, moratoria, and the transfer of certified irrigated acres.
Nebraska has a dual system for water rights. Surface water follows the prior appropriation doctrine (“first in time, first in right”), while groundwater follows a correlative rights framework managed by NRDs. Understanding which system applies to your operation is critical.
Cleaning out an old ditch or installing new tile can trigger a wetland violation. If the NRCS determines you converted a wetland, you lose eligibility for USDA price supports and federal crop insurance premium subsidies.
We review Soil Map interpretations and wetland delineations to identify errors and advise on your options for requesting corrections from the NRCS.
When a violation is confirmed, we negotiate feasible mitigation plans that restore eligibility without crippling the operation.
Every year, FSA county offices make adverse determinations that cost farmers thousands of dollars in program payments. Payment limitations, ARC/PLC election disputes, AGI compliance issues, and crop insurance claim denials all require timely legal guidance — and understanding the deadlines is critical.
We advise farmers on USDA program rules, help navigate FSA and NRCS processes, and provide strategic counsel on payment limitations, conservation compliance, and program eligibility. If the USDA made a mistake that cost you money, we help you understand your options and next steps.
Chapter 103E proceedings, drainage authority disputes, assessments, buffers, and tile drainage permits in Minnesota.
NRD integrated management plans, groundwater allocation disputes, well permits, and water transfer issues.
FSA, NRCS, and RMA counsel. Payment limitations, ARC/PLC disputes, crop insurance disagreements, and program eligibility.
Wetland determinations, certified wetland delineations, NRCS compliance, and mitigation plans to maintain program eligibility.
CRP, ACEP, and other conservation program agreements — reviewing, negotiating, or disputing the terms of easements.
Counsel on state and federal agricultural regulations, NRD rules, drainage authority requirements, and county board processes.
These cases are time-sensitive. If you’ve received a determination, assessment, or penalty, call us now. Early legal involvement changes outcomes.
