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Delaware County drainage board says it lacks authority over Johns surface-water dispute; denies affidavit
Summary
The Delaware County Drainage Board ruled that a neighbor dispute over diffuse surface water at the Johns property is outside its statutory authority and voted to deny the petition/affidavit seeking board action. Public commenters urged other remedies and the board noted a forthcoming pond ordinance that may affect future pond construction.
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”…
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