Residents come to County come to Ditch 2 Hearing
County Engineer Dan Sauvé explained the legal process regarding the County Ditch 2 Hearing held at the Courthouse on September 8, 2015.
"This is a legal process by Minnesota Statute 103E. Clearwater County manages County Ditch 2 (CD2) on behalf of the property owners. The purpose of the hearing is to document lost or nonexistent records and to correct records to what the ditch system exists today," Mr. Sauvé said.
Six Shevlin area residents were in attendance for the hearing: Wesley Luccar, Fred Halverson, Alfred Sether, Calvin Larson, Barb Jansen, and Mike Smith.
The area being addressed is County Road 110 to the outlet at Shevlin Township Road (360th Street) into the Little Mississippi River. Sauve` projected the map of the area on a large screen, and handouts of the map were also available for review.
The Drainage Authority (Clearwater County) requires this record correction to establish the lost, missing, or nonexistent records of the ditch system. The funding to do so comes from the Ditch Fund. The survey, ditch inspection, and engineers report for the reestablishment of the Gouty Ditch 2 records cost $1,536; leaving a balance of $9,109.
Sauvé said that the original survey of County Ditch 2 was done in 1906, and the original engineer’s report and construction contract provided minimal detail. He stated the original cost to construct County Ditch 2 was $2,586.
Testimony was called for by the Chairman Dan Stenseng. He noted that Arlen Syverson remembered playing in the area as a boy and that it was always a ditch; Calvin Larson said his great grandfather was part of the original petition for a ditch there. One resident said he thinks there is a spring in the area, and that water fills the ditch and freezes in winter. Sauvé said County Ditch 2 runs year around.
"Doing this reestablishment of the ditch system records today is necessary to correct the ditch system and make it officially part of the ditch system files," Sauvé said.
While Calvin Larson said the ditch area had been maintained, both in the 1970s and in 2000, Sauvé stated there is no documented record of it. He has inspected the area three times since coming to Clearwater County. The County has done some work on the system to remove beaver dams, paid for by the CD2 ditch fund.
One resident asked how the Township got into this project, since Shevlin Township does the work.
Sauvé stated that the County cannot legally spend their own money for the project.
After the hearing was finished, a resolution was presented regarding the reestablishment of County Ditch 2 records; and that the Engineer’s report from investigation was to be used to correct and reestablish the ditch system records. Commissioner Neal Illies made the motion to pass the resolution, and Commissioner Arlen Syverson seconded the motion, which was passed unanimously.
A motion to authorize the County Highway Department to clean out the Main Ditch of County Ditch 2 from Station 172 to the outlet using County forces and equipment, and be paid from the County Ditch 2 funds was made by Commissioner Neal Illies, seconded by Commissioner Arlen Syverson, and was passed unanimously by the Board.
He said the work would begin immediately to clean out cat tails, and clean out the ditch from Station 172 to the outlet. The County Highway Department will have a backhoe available for a month with which to do the work, which involves the last 1500 feet of the ditch before it outlets into the Little Mississippi River. Some culverts the Township said are in rough shape would be the responsibility of the landowner or the Township.
The work will proceed until the Ditch Fund is exhausted. He said that once the fund is exhausted, they will probably have to assess properties to build up the fund again.
County Commissioners and County Attorney were present at the hearing.