A legal dispute over land drainage in Manitoba appears headed for the province’s Court of Appeal.
The case could set a precedent in Manitoba, establishing whether the province or municipalities have jurisdiction over drainage affecting farmland.
Ray Hildebrandt was charged two years ago under the province’s Water Rights Act for illegally draining water from a quarter section of land that he rents. He drained the water without a permit from the province.
Earlier this year, a Court of Queen’s Bench judge convicted Hildebrandt of illegally draining his land. The conviction, which overturned a previous decision by a provincial court judge, was accompanied by a $1 fine.
The Ninga farmer insists that a road between two local municipalities is the source of drainage problems. He and a neighbor were unable to work about 200 acres this year because of poor drainage.
Hildebrandt this summer filed a statement of claim against the province and two local municipalities. The claim covers lost income, along with damages to his crop and a quarter section of land that he rents from his father.
