691 Findings of Fact the breaching or removal of the structures, the flooding of the low lands occurred again in 1956. The snowfall in the winter preceding the 1956 runoff was the second heaviest during the period of years involved, being exceeded only by the snowfall in the winter preceding the flooding in 1950. No flooding of lands had occurred in 1957 prior to the trial of this case in late July 1957. The preceding winter had been one of light snowfall. Comparative, official climatological data of the U.S. Weather Bureau at Devils Lake, prior to and after the removal of the Fish and Wildlife Service structures in the Lake Alice-Lake Irvine area, tend to establish that the presence of the structures complained of by the plaintiffs did not cause, affect or contribute to the flooding of the plaintiffs' lands. The heaviest snowfall on record, totaling 88.4 inches, occurred in the winter of 1949-50, and in June 1954 the rainfall was also the heaviest on record. Considerable flooding of the plaintiffs' lands occurred in those years. The U.S. Weather Bureau records, however, also show that in 1956, approximately a year and a half after the Fish and Wildlife structures in the Lake Alice-Lake Irvine area had been breached, blown out or removed, there were 80.2 inches of snowfall that winter, the second heaviest on record, and the rainfall in June of that year was also the second heaviest on record. The plaintiffs' lands were flooded to approximately the same extent in 1956 as in previous years even though all of the structures complained of had been breached or removed. In an official document, entitled "Chemical Quality of Surface Waters in Devils Lake Basin, North Dakota," prepared by the Geological Survey as part of the program of the Department of the Interior for development of the Missouri River basin, which document was published in 1955, an extensive review of the drainage problems in the Devils Lake basin is set forth. It is stated that runoff in the basin shows little relation to annual precipitation, and that precipitation in the summer and early fall produces little runoff, that runoff is derived almost entirely from snowmelt and spring rains, and that most of the runoff is generated either when the ground is frozen or immediately after the ground thaws 588587-6247 Findings of Fact 146 C. Cls. in the spring. It is further stated that for a set amount of precipitation, runoff in the basin tends to be greater when temperatures are below normal. It further stated, as follows: From October 1930 to October 1940 the surface of Devils Lake fell about 10 feet. During this 10-year period the precipitation averaged 15.9 inches, the temperature averaged 39.1 degrees, and the estimated evaporation from the lake averaged 34.1 inches. During the 10-year period that ended October 1, 1950, the lake rose 14 feet. The precipitation averaged 18.2 inches, the temperature averaged 38.5 degrees, and the estimated evaporation averaged 27.5 inches. During this second 10-year period, the precipitation and temperature were each slightly above their longtime averages, and the estimated evaporation was about 8 percent lower than average. Although climatological averages are not too significant in relation to runoff and lake altitudes, nevertheless the 14-foot rise in lake level during 10 years when the temperature, precipitation, and evaporation were not far from average is noteworthy. This rise in lake level is not likely to have been caused by changes in agricultural practices but probably was due to small changes in the weather. Similarly, small changes in weather in the future may determine the size of Devils Lake and the other lakes in the Devils Lake basin unless water is diverted to them from a source outside the basin. In an official publication of the Weather Bureau, Department of Commerce, entitled "Local Climatological Data With Comparative Data, 1956, Devils Lake, North Dakota," it is stated that snowfall at that community averages 35 inches annually, occurring mostly between early November and early April, that the ground is usually snow covered from around the middle of November to near the end of March, and that the weather usually warms up rapidly in April. The average date of the last killing frost in spring is May 15, and of the first killing frost in autumn, September 24, giving a growing season of 132 days. Normally about 50 percent of the annual precipitation occurs in May, June, July and August in showers and thunderstorms. The city of Devils Lake, North Dakota, is located about 18 miles to the southeast of Lake Alice, and the weather conditions are substantially comparable. The evidence in this 691 Findings of Fact case establishes that snowfall in the Rock Lake drainage area and in the northern part of the Lake Alice drainage area is usually somewhat heavier than in the vicinity of Lake Alice. The following table shows the monthly and seasonal snowfall records at the city of Devils Lake, North Dakota : Season July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June Total Findings of Fact 146 C. Cls. The evidence establishes that extensive flooding of the low lands in the Lake Alice-Lake Irvine-Chain Lake area occurred in some of the years prior to 1930. 28. Pursuant to North Dakota statutes, various water conservation and flood control districts have been organized and established throughout the state. These districts are legal entities to which the people within specific areas can present water problems. The Tenth Biennial Report of the North Dakota State Water Conservation Commission, for the period July 1, 1954 to June 30, 1956, contained the following statements with respect to the activities of two of the water districts: CHAIN LAKES The Chain Lakes Water Conservation and Flood Control District is located in northwestern Ramsey County. The district was organized in the spring of 1955 for the purpose of providing a means to alleviate flooding of lands located in the Lake Alice-Lake Irvine areas. Approximately ten to fifteen thousand acres of fertile agricultural land have been inundated eight out of the past eleven years resulting in considerable financial losses to many of the residents of this district. Staff members of the State Water Conservation Commission recommended to the district that a project be instituted which would involve participation between the Soil Conservation Service, the Corps of Engineers, and the State Water Conservation Commission. It was proposed that the Soil Conservation Service be charged with the responsibility of conducting a watershed development program in the upper reaches of Mauvais Coulee, the Corps of Engineers be authorized to construct a channel for the outlet of Lake Irvine to Devils Lake proper and through the present Mauvais Coulee. It was found that approximately two to four feet of soil drift had filled in the channel during the 1930 drought period to contribute materially to the retarding flow of waters in the Mauvais Coulee. The State Water Conservation Commission was requested by the board to provide a control structure at the outlet of Lake Irvine which would permit the regulation of waters from the Lake Alice-Lake Irvine area which could constitute reservoirs during the flood stage. In February and March, 1955, the State Water Conservation Commission was authorized to make a survey from the outlet of Lake Alice to the inlet of Mauvais Coulee in Devils Lake 691 Findings of Fact proper. The survey has been completed. The State Water Conservation Commission also participated with the Federal Fish and Wildlife Service in the "blowing out" of a channel between Lake Alice and Lake Irvine. This was done in an effort to expedite the flow of water from inundated areas adjacent to Lake Alice. The costs of the project were shared equally by these two agencies. Time is of the essence in accomplishing some partial flood relief for this area. The Chain Lakes District requested the State Water Conservation Commission to furnish them with an estimate of a project that would provide them with partial relief. The State Water Conservation Commission estimated the cost of such a project to be approximately $50,000. This would provide a 40-foot channel from the outlet of Lake Irvine to Pelican Lake and care for incidentals incurred in the required excavation. The district is now spreading a special assessment levy against all benefited lands in an effort to obtain sufficient funds to permit them to participate in a project that would provide partial relief. The State Water Conservation Commission in cooperation with the Ramsey County Board of Commissioners plans to install control structures in the lower end of Lake Irvine. It is believed that this project will provide relief under most conditions and will permit the farming of a considerable portion of the land until the federal government is in a position to construct a project affording maximum relief. DRY LAKE-SWEETWATER WATER CONSERVATION AND FLOOD CONTROL DISTRICT The Dry Lake-Sweetwater Water Conservation and Flood Control District consists of approximately 720 square miles located in Northern Ramsey County. Frequent flooding has occurred on approximately 72,000 acres of valuable agricultural land within the district. The district is created by action of the State Water Conservation Commission on June 10, 1955. It is proposed by the State Water Conservation Commission that the Corps of Engineers, the Soil Conservation Service and the State Water Conservation Commission cooperate in a project to provide relief from future floodings in this area. The State Water Commission's proposal is that the Soil Conservation Service provide the upper area of the district with soil treatment in accordance with their watershed program. The Corps of Engineers provides diversion facilities whereby con |