Drain Tile Fight Gets Bogged Down

A fight over drain tile in the Prairie Pothole Region is getting appropriately bogged down.

Under the surface: Farmers with federal wetland easements can install drainage tile, but only if it does not drain protected wetlands. A 2024 U.S. Fish and Wildlife Service rule standardized how setbacks are calculated between tile lines and easement wetlands, using factors such as soil, tile depth, diameter and topography.

Where it pinches: Some farmers argue the setbacks reach farther into productive acres than necessary and can leave salty, waterlogged ground trapped between protected wetlands and working fields. One current North Dakota dispute involves a 328-acre farm with 19 protected wetland areas, illustrating how a few lines on an old easement can become a very modern drainage headache.

Duck, duck, dispute: Conservation and sportsmen’s groups see the other side of the ditch. The Prairie Pothole Region is major waterfowl habitat, and they argue that more aggressive drainage could dry seasonal wetlands that ducks and other wildlife depend on. The easement program still allows farming, grazing and haying when wetlands are dry, while drainage that affects protected wetlands remains restricted.

Map check: The federal government is also expanding a voluntary review of certain older easement maps, especially pre-1976 agreements in North Dakota. That review is separate from the setback rule, which remains in place.

Why it matters: This is a property-rights fight, a drainage-engineering fight and a habitat fight sharing one very wet field. Farmers want workable acres. Conservationists want wetlands to keep holding water. The setback line decides how much room each side gets.