169 Iowa 324 | Iowa | 1915
Drainage District No. 18 of Franklin Countylias been established and the improvement completed. The cost was estimated at $14,800 and of this $1,195.28 was assessed against the two townships whose highways were drained or afforded outlets for drainage. The remainder was distributed among seventy-six forties. Appellants own the S. E. % of Sec. 20, the several forties being assessed as follows:
N. E. % S. E. %................$ 752.00
N.W. %S. E. %................ 397.75
S.W. %S. E. %................ 64.50
S;E;%S. E. %............129.0C)
The outlet is a creek and into it, somewhat north and west of the center of Sec. 21, empties the open ditch which extends in a southwesterly direction to the highway between
The ditch varied in width from 6!/2 to 10y2 feet at the top and from 3 to 6 feet at the bottom and was from 2 feet 2 inches to 4 feet deep. As said, this was not filled but, as shown by the evidence, will gradually fill up, especially when the several farms are tiled into the main and lateral and cultivated. "Whether the depression will be required to carry
N. E. %........................$ 365.50
N. W. i/4 N. W. %............... 666.50
S. W. % N. W. %............... 774.00
S. E. % N. W. %............... 1,075.00
The NE. 14 SE. 14 Sec. 19 had 1,400 feet of tile in it and was assessed $978.25. These sufficiently illustrate the point. And the tile in both these tracts was laid at a depth so as to be available as outlets for laterals. What then are the benefits of the system to the Harriman land? Of course, it had the advantage of the ditch before the tile was laid and that carried off the surface water and (1) the only benefit of the tile drain was in carrying it off quicker; (2) it took care of the seepage; (3) the ditch from the bulkhead was deepened and the water from the tile drain likely will keep it clean, making it somewhat better as an outlet than the original ditch, though much evidence is to the contrary, and the burden of keeping it open is on the district; (4) the main tile will drain a small area on each side of it through this land and on the south side of it after it enters Christian-sen’s land.
A possible disadvantage is suggested in that the high water mark of the creek reaches the Harriman land and it is said that when this occurs, water will be held back in the tile, seepage from which will reach the soil. This might happen for a short time; but if so the soil would likely be so saturated with water as not to be injuriously affected thereby. The only possible benefit the south forties could derive from the improvement is the care taken of the seepage and the deepening of the ditch, and keeping it. clear. Even this was not essential to drainage into it, for it was already deep enough to carry off the water which might be drained from these forties. The cost of deepening was $250, but the owner of the land claimed damages for the additional servitude,