Landowners divided over petition to make ditch public

Published 1:50 pm Saturday, March 5, 2011

NEWRY — The Turtle Creek Watershed District board has a $2.2 million decision to make this March: whether to add the Deer Creek drainage area into the district.

“As with all new judicial systems, there are opponents and proponents,” said Michelle Miller, president of the Turtle Creek Watershed District Board. “In this case, proponents want an easier way of cleaning the ditch and increase drainage.”

In short, a petition proposes making a private drainage ditch system, also known as Deer Creek, into a public system that would be governed by the Turtle Creek Watershed District. Currently, the waterway is maintained by private landowners whose property sits along the system.

Email newsletter signup

The goal would not be to increase the flow of water but to maintain the land around the water to cut down erosion and have cleaner water, say supporters. It would guarantee that all landowners in the system would have a permanent outlet.

Those in favor of the petition say that cleanup will be easier to organize by having the board govern the system. Plus, it would relieve private landowners from having to keep up with the ever-changing regulations.

Those against it say they are already doing work privately to keep ditches clean and at a lesser cost. Declining property values and few landowners benefiting at everyone’s expense are other reasons landowners are against the petition.

The one thing landowners on both sides of the issue do agree on is that the cost will be too high.

“There wasn’t a lot of controversy last year after the first public hearing, because nobody really knew what was going on,” said Justin Hanson, administrator with the Turtle Creek Watershed District. “Now, there’s a little more controversy because we’re actually tying numbers together.”

If the petition is passed, it will cost landowners a collective $2.2 million. This would include administrative costs along with construction costs such as re-sloping, taking out trees, installing culverts and other cleanup work. Making the system public would also trigger a law requiring a one-rod grass strip along each side of the waterway, which would also be a large cost to landowners, and prohibit certain uses on that specific land. Tilling and pasturing are not allowed on the grass strips, rather, they must be maintained as grass.

One-time assessments would be made to each individual property, and those landowners would be required to make payments over a 15-year period. According to Freeborn County Auditor-Treasurer Dennis Distad, these per-acre assessments are based on soil types and distance from the ditch. Landowners have reported assessment ranges on their property from $150 to $220 per acre.

Four viewers have spent several months determining benefits along the land in the system. An engineer was also assigned to the project. They presented their findings to landowners at a second public hearing last month. The board decided at that time to table a decision and continue the hearing on March 15.

The system starts where Newry Lake, now a dry lake bed, originated. The system spans a total of 12,232 acres.

The Deer Creek petition was accepted by the board in 2008, with more than 26 percent of landowners signing it. According to Miller, about 44 percent of the acres involved are owned by petitioners.

Both sides sound off

Suzanne Hamersma owns 10 acres of land along Deer Creek, which she uses to pasture nine horses. The waterway is a creek along her property, adding a nice ambiance and providing water for her horses.

If this petition passes, she will have to pay about $220 per acre in assessment fees, plus she will lose the use of two acres of land because of the grass rod strips. She said if this petition passes, it will lower her property value when it comes to resale because her yard will be dug up and the ambiance ruined.

“In the olden days, when you bought a farm, you bought it on the creek so you’d have water,” said Corinn Hamersma, Suzanne’s daughter. “My dad is 91 years old and very upset about it, because it’s not going to be that pretty setting. It will still run through the property but will be a deep ugly drainage ditch.”

Chris Jensen owns about 10 acres of land off Highway 251. His dad, Roger Jensen, owns 170 acres. He said their assessment comes at the price tag of about $150 per acre.

Jensen has been part of a private group that has been maintaining their portion of the ditch system for awhile now, and they’ve had success doing this. He said others have been doing the same, and was told by the engineer that only about 35 percent of the ditch system is in need of repair.

He sees a major problem with the costs, which he says have likely increased 300 to 400 percent since the petition was originally filed three years ago.

“It’s an example of a plan that got out of control,” he said. “It’s really going to hurt some folks — especially retired farmers relying on rent and social security to get by.”

Dennis Magnuson, who owns about 1,200 acres in Newry Township, supports the petition, but agrees the costs have come out much higher than anticipated.

“There’s no question about it,” he said. “Even 25 to 30 years ago when cleaned out the ditch, it was too much. Now, the dollar just isn’t worth as much.”

He said the engineer should work to get the best bids possible for everyone’s pocketbook.

“I do agree it’s a very costly project, but it is needed,” he said. “When you make improvements on it, it’s easier to get the agreement and collect money from people. In the future, we don’t know what these regulatory things will be. Having it run by the board versus privately makes it easier for them to oversee operations.”

Magnuson supports the petition because he feels such a move would instill continuity with the system overall and make it easier to ensure he’s complying with the state regulations, which change often.

“We had a group system of our own, and it was well maintained,” he said. “As absentee owners and other owners have moved in, land has changed hands many times and it’s become harder and harder to get people together to take care of it.”

Jensen feels the majority of landowners have little to gain if the petition passes and that the majority of the gains will go to just a few landowners.

“My hope is that the board will recognize the disproportionate quality between those who benefit and those who do not, and will keep themselves open to other options,” he said.

Voice your opinion
What: Turtle Creek Watershed District board meeting
When: 6 p.m. March 15
Where: Hollandale/Riceland Twp. Government Center, 110 W. Park Ave., Hollandale