A federal appeals court announced its decision today to uphold the convictions of a retired Walsh County, N.D., farmer who has tangled with officials for years over what he claims is his right to drain wetlands on his property.
Alvin Peterson, 79, Lawton, was convicted of two misdemeanors in 2008 when a federal magistrate found him guilty of draining wetlands that were subject to a government easement. He was sentenced to five years of probation and ordered to pay $11,500.
During the appeal, Peterson argued the government did not have enough evidence to prove the wetlands existed in 1966 when his parents were paid for the easement.
However, the 8th U.S. Circuit Court of Appeals ruled that an aerial photograph showed the wetlands were there in 1962 and are within the easement.
Peterson also contended he was legally draining wetlands that were overgrown and filled with silt, but the court said he went further than that by reducing the water level by at least 87 percent.
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In 1999 and 2003, Peterson reportedly created ditches to drain water from the same wetlands and was consequently convicted in 2004. In that case, he also appealed to the 8th Circuit and lost.
A court-ordered restoration of the wetlands was finished in 2006. Peterson subsequently hired a contractor to drain the wetlands again, which led to his 2008 conviction.
