Carver County opens redetermination for County Ditch 2‑3; board directs reexamination of several watershed issues and schedules continued hearing

The Carver County Ditch Authority conducted a public hearing on the redetermination of benefits for County Ditch 2‑3 (CD 2‑3). Viewers presented methodology and recommendations; multiple landowners raised technical and equity concerns. The board voted to require a reexamination of several watershed elements and scheduled a continued hearing for May 20, 2025, at 9 a.m.

County counsel opened the hearing by reviewing statutory requirements under Minnesota’s drainage code (chapter 103E) and noting the county is required to inspect and maintain the efficiency of a drainage system and to allocate costs by benefited lands. Scott Henderson, lead viewer, then explained the same LIDAR‑based watershed delineation, land classification (red/yellow/green/blue classes), grading to modern drainage coefficients, and the tabular report that breaks down benefits to hundredths of an acre. Henderson said that for some areas he and his team ran a lake‑attenuation calculation for Reed Lake and reduced benefits on lands that drain into that lake by a stated 10.3 percent.

Several landowners asked technical questions and challenged parts of the viewers’ work. Landowner Mike Klingelhutts told the authority that a large wetland and Reed Lake in the watershed attenuate flows and asked whether upstream lands draining to that wetland should be exempt or receive reduced benefits; Klingelhutts also said he believed township tile lines and a 48‑inch culvert from the Waconia high school were not fully captured on the viewer maps. The county’s attorney and viewers said the board could direct the viewers to reexamine the tile systems and municipal outfalls, and that further hydraulic analysis could be commissioned if needed. Counsel also clarified the statutory appeals process (Minn. Stat. 103E.091) for anyone aggrieved by a final order.

Other landowners asked how assessments would translate to parcel tax bills and whether there was a way to see the running tab of costs associated with these redetermination proceedings. County staff explained the mechanics: the owners’ report includes a percent‑of‑total benefits column, which is applied to any project cost the board later approves; staff said the costs incurred so far (viewers and legal fees for the redetermination) would be summed and included in a future packet and that property owners could pay assessments off before they appear on tax statements or opt into multi‑year installment plans with interest.

After discussion, the board considered whether to order reexamination. Counsel noted reexamination will take time and that notices and owners’ reports must be sent to any newly identified property owners if additional land is added to the benefited area. The board voted to direct the viewers to reexamine the watershed areas near Sections 20 and 21 of Laketown Township (where a large wetland and Reed Lake are located), to review township ditch/tile connections (township ditches 4 and 6), and to examine municipal stormwater outfalls from the City of Waconia (including the high school area). The board scheduled a continuation of the hearing at the regular board meeting on May 20, 2025, at 9 a.m. and instructed staff and counsel to return draft findings and any additional notices as required.

Commissioner Fahey announced a potential conflict and stepped aside for the CD 2‑3 proceeding because she owns property in the watershed. The motion to require reexamination and to reconvene on May 20 passed by voice vote with one abstention (Fahey). Counsel and staff said the viewers should return findings on the reexamination and that the board will consider those findings before any final adoption of benefit changes or any authorization of maintenance projects that would be assessed to landowners.