Herschman v. State, Department of Natural Resources

Scott, Justice.

This is an appeal from an order of the district court vacating an order of the Sibley County Board of County Commissioners which authorized the establishment of Sibley County Ditch No. 63, primarily to lower the water level of Swan Lake. The court concluded that inasmuch as Swan Lake is a meandered lake within the meaning of Minn. St. 1971, § 106.021, subd. 2, a permit is required from the commissioner of natural resources before said lake can be lowered. As no permit was issued, the court held that the county board was without jurisdiction to order drainage. A landowner whose…