The Delaware County Drainage Board determined at its Sept. 10 meeting that it does not have statutory authority to resolve a dispute over diffuse surface water at the Johns property and voted to deny an affidavit requesting board action. The board attorney told members his memo concluded the board’s powers are limited by Indiana code and do not extend to resolving neighbor disputes over surface water that are not regulated drains or natural surface watercourses.

That legal opinion framed public comment and the board’s vote. Chad Thornberg, deputy trustee for Delaware Township, told the board he believed the board and the surveyor had “failed these people on both sides” and described practical drainage work he has done on farms. Thornberg said the Johns’ problem involves diffuse surface water rather than a defined channel and urged clarity about who should resolve such disputes.

Resident Brandy Hock, who identified her address as 8209 East County Road 350 North, Albany, told the board she researched the common enemy doctrine and said she believed her actions complied with the doctrine as she understood it. Hock said the Johns had not asked her to contribute to drainage work and suggested alternative measures such as rain barrels or a dry well.

Board counsel summarized the legal limit: the board has authority over regulated drains, limited authority over mutual drains and natural surface water courses, but not authority to settle neighbor disputes about diffuse surface water. The attorney referenced the legal definition of “drain” cited in his memo.

Following discussion, a member moved to deny the affidavit seeking removal of the alleged obstruction; the motion was seconded and approved by roll call. The board did not order physical work to be done. Members also noted that a pond ordinance under review by county commissioners will, when adopted, create permit requirements and design standards for some ponds and berms; the surveyor said that ordinance is expected to give related agencies (surveyor, building commissioner and others) clearer authority on constructed ponds once adopted.

The decision leaves the Johns and their neighbors to pursue civil remedies or other avenues outside the drainage board’s authority. The board’s action was procedural: it determined the petition did not present a matter the board may decide under current state statutory authority and denied the affidavit as not properly before the board.

The meeting record shows the board considered the issue after receiving a legal memo, took public comment from at least two residents, and voted to deny the affidavit; no follow-up directive to staff to take remedial action on the Johns property was recorded.