Land owners want Clearwater County to manage ditches to avoid eroding property rights
Tue, 07/20/2021 - 4:48pm
admin
By:
Karen Edelbach
At the Clearwater County Board of Commissioners meeting of July 13, Gary Mathis and Kyle Kalamaha brought concerns about eroding property rights in the County due to ditch maintenance being done through Red Lake Watershed District.
Kyle Kalamaha and Gary Mathis, who live in the northern area of the county, came to request that Clearwater County Board appeal Judicial Ditch 72 Redetermination of Benefits and resume acting as Drainage Authority for ditches in Clearwater County.
"A Joint Ditch Board is necessary whenever a river crosses county lines, in this case the Lost River," Kyle stated. He said approximately 100 land owners are affected in Hangard, Winsor, and Gully Townships.
When they met with Polk County and Red Lake Watershed District's (RLWD) Joint Ditch Board who has been managing ditches in northern Clearwater County, the decision was made for the Ditch 72 Redetermination, giving RLWD "Eminent Domain". The Ditch Board stated that once this decision is made, if not appealed, it is unlikely that any changes can be made thereafter. One affect of redetermination is that those administering ditch jurisdiction don't have to have land owners permission for right of ways.
"We'd like to see the redetermination changed by the Clearwater County Board, and we have only 30 days to appeal, until August 4," they said. "The big concern is that property rights of residents are being eroded. It circumvents land owners from having a say."
In addition, their letter states, "With the disbanding of the Joint Ditch Board and retaining authority at the local level ensures residents have direct input on property rights."
Some discussion as to the possibility of Clearwater County taking on jurisdiction of ditch management locally was led by Board Chairman Mark Larson. It was concluded it would surely take more time than required to have results to help such appeal. County Attorney Kathryn Lorsbach was present to add perspective on how this could be done later.
"If we look into administering ditch maintenance again, what benefit do you see?" Board Chairman Larson asked Kyle and Gary.
"Property rights are a big concern. It keeps things more open if it is done locally. There is no cleaning of ditches on this side of the river, but there are always assessments for the ditches," was the response.
"Since 1982, our ditch authority transferred to the Red Lake Watershed District," Commissioner Neal Illies stated. "You (the land owners) should have the standing to appeal."
It was stated Clearwater County would stand with their appeal if possible. The Board recommended that landowners contact an attorney to begin the appeal process.
Some land owners, such as Gary Mathis, have decided to object to the new ditch jurisdiction, and are willing to clean their own ditches.
All Commissioners were present at the meeting: Mark Larson, Mark Titera, Dean Newland, John Nelson, and Neal Illies.
A followup telephone conversation with Kyle Kalamaha confirmed that an appeal is being pursued. He can be reached by phone at 406-224-0028 for more information about how land owners can join the appeal process to help protect property rights.