Burlington Northern & Santa Fe Railway Co. v. Benson County Water Resource District

KAPSNER, Justice.

[¶ 1] Burlington Northern and Santa Fe Rail Railway Company (“BN”); Ronald Hausmann and Lila Hausmann (“Haus-manns”); Donald Haugen; and Charles Studness appealed a district court order of October 6, 1999, and judgment of October 14, 1999, affirming revised findings of fact, conclusions of law, and order issued by the Benson County Water Resource District (“District”) on May 4, 1999, requiring the installation of culverts through a township road and a railroad. We conclude the District exceeded its authority, and we reverse.

I

[¶ 2] A recent wet cycle has resulted in high water…