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Kurt Deter bio box Born: 1952 in Clinton, Iowa. Renown: A pre-eminent authority on ditch, drainage and water law. What
he likes about his job and Central Minnesota: "I love dealing with
people. I never get up (in the morning) not enjoying my job. There are
good people all over. But people in agriculture, their word is
generally good, and they know we're trying to help them." Kurt Deter is the fourth of nine profiles. Coming Thursday: Guitarist Paul Diethelm. Whiskey is for drinking, and water is for fighting over. That old phrase quantifies how passionate folks can become when the issue is water, where it should be and where it shouldn't. The
man widely recognized as the consummate authority on ditch and drainage
law is a combination of mediator, psychologist and confidant, his
colleagues say. St. Cloud lawyer Kurt Deter's expertise helps
farmers get the most out of their land and helps cities develop and
protect against disasters. "Kurt's reputation precedes him. He's
considered the most knowledgeable and influential person when it comes
to drainage law," said Doug Thomas, assistant director of the Minnesota
Board of Water and Soil Resources. Minnesota has more than 27,000
miles of constructed drainage ditches, most dug to drain millions of
acres that once were wetlands. The shift back to preserving and
restoring those wetlands while maintaining a vibrant agricultural base
has brought new challenges in water law. Deter finds himself
immersed in not just ditch issues, but lake improvements, lakeside
sanitary systems, water quality and wetland restoration. He represents
counties, watershed districts, lake associations, landowners and
others. It's a job that puts 60,000 miles a year on his car and is a
far cry from the criminal prosecution and workers compensation law he
started after graduating from Hamline University law school in the late
1970s. "There was no thought at that time that this was an area
of law that had any future for me," Deter said. "Nobody goes to law
school to be a ditch lawyer." Changing laws Drainage and
ditch law was undergoing a transformation when Deter, 51, joined the
St. Cloud law firm Rinke Noonan. The 1950s and 1960s were an era in
which the norm was to drain every inch of land possible for crop
production. "We were going to bury the Russians in wheat," Deter said. The
late 1960s and 1970s raised the question of whether drainage always was
in the public interest. Federal and state policy shifted to acquiring
and preserving wetlands. Farm bills in the 1980s and 1990s
contained significant measures to protect wetlands. Many of the state's
drainage lawyers couldn't make the shift from promoting the draining of
wetlands to protecting them. "There happened to be a void, because a lot of the guys knew only the old way," Deter said. A
lawyer at Rinke Noonan was leaving for another city and left behind two
ditch files ‹ Ditch 7 and Ditch 32 in Stearns County. Deter cut his
teeth in ditch law on those files. Raised in St. Cloud on 12th
Avenue North, Deter graduated from Foley High School. His father and
grandfather farmed in Illinois, making Deter somewhat familiar with
agriculture. The best return on money spent for agriculture
continues to be keeping already-drained land dry, he said. Current law
seeks a compromise from past extremes. The goal now is to keep a
balance between preserving and creating wetlands and continuing to
drain the most profitable farmland. The clashes that can ensue in pursuit of that ideal have roots that are sometimes centuries deep. "Families
have spent generations and people their lives making that land
farmable," Thomas said. "Because of that it's almost a religious
experience." Creating compromise Deter represents
watersheds, counties and homeowners as well. He's helping Roseau with a
project to divert a ditch around town. The Roseau River flooded in
spring 2002, affecting almost every building in town and causing almost
$100 million in damage. Deter also is helping Sartell decide
whether to take responsibility for two Stearns County ditches. Both
were created for agricultural use, but one is part of the city's growth
plan and is used for residential drainage. Understanding the
complex legal issues associated with ditches "isn't exactly the
simplest of things," said Patti Gartland, Sartell's city administrator.
Petitions need to be filed, and public hearings must be
conducted. Certain findings have to be made before a decision is final.
Sartell wants to accept the ditch that is part of the growth plan but
not the other, the majority of which still is in the township. "We wanted a very clear understanding of what kind of commitment is required," Gartland said. The complexity of water-related legal issues means compromise usually brings the best for all sides. That
can be especially helpful when landowners assessed for ditch
improvements see no benefit to the improvement and appeal the
assessment. A common scenario is when someone owns land strictly for
hunting and is assessed for improvements aimed at helping drain someone
else's land for planting crops. Further complicating the issue is
that more than one authority can have jurisdiction over a ditch.
Counties have jurisdiction over ditches within their boundaries, while
watershed districts can transcend those boundaries. Both essentially
act as banker and referee for maintenance and disputes. The number of varied interests in any ditch issue can make compromise difficult and time-consuming. "He's
been able to bring a good, balanced approach to dealing with these
issues and brings people together, often times without a preconceived
notion of what the final outcome will be," said Ron Harnack, executive
director of the state board of water and soil resources. "It takes a
person who is a good listener and looks for opportunity to make it a
win-win for everybody." Deter spends a fair amount of time
educating others in ditch and drainage law ‹ something he jokes would
be more palatable if it were called water management. He speaks
at conferences and workshops and has written primers. He understands
the importance of education and has been a tireless volunteer whenever
needed, Thomas said. "He's always there. I don't know how he does
it," Thomas said. "He really enjoys the opportunity to educate people,
and he recognizes the value." Blue Earth County Attorney Ross Arneson has seen Deter's value in work done in the Mankato area. Deter has given advice on drainage matters and also has been involved in complex drainage litigation, Arneson said. "He's
one of just a few attorneys in the state who tends to specialize in the
area," Arneson said. "He's also a very pleasant person and easy to work
with."
 
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